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Debt help please

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  • Debt help please

    Hi, it’s my first post on here, I hope it's in the right area of the forum, can you please offer some advice.
    Firstly just to put you in the picture I’ll give you a bit of background knowledge.

    I ran up a LOT of debt around 2004-2006,
    I had a good job and could service it easily at first,

    Early 2008 it was getting to the point where it was an issue for me to afford payments, I owed close to £30k,
    for example I would pay £80 off a credit card (they were all maxed) and then would have to use the available balance for fuel to get to work.

    At this point, there were missed payments and DCAs were getting involed.
    I decided to set up a DMPwith Payplan, they were quite helpful.
    They nudged me in to making up a few expenses that I did not have just so I did not have to pay all of my disposable income,
    it worked out I payed £360 per month. All the creditors seemed happy.

    At the end of 2008 I was made redundant therefore my previous payment of £360 was out of the question.
    I was out of work for 4 months,
    I called Payplan and they advised I pay £10 per month, (£1 per creditor) as a token payment and they would explain I was out of work.

    Around March 2009 I found alternative employment, this time at minimum wage.
    I was living with my girlfriend at this point and paid towards the household bills so I kept quiet and carried on paying the tenner for a bit.

    Later on that year, October(ish) I looked at my credit file, and infact despite I had paid over £3500 of my debt,
    the amount owed had actually gone up.

    At this point I thought stuff them, I have not paid a penny since,
    I have had, or should I say my parents have had Phone Calls asking for me
    (I still officially live at home, although I have spent most of my time at girlfriends house over the last 4 years)
    and they have kept saying, they hardly see me.

    I have had letters from every DCA you can think of, most of then the usual threats that they print 1000s a day. There are about 10 DCAs involved in total, all have purchased from the original creditors.

    However things have just got more serious. I received today a claim form from Northampton Court. Drydensfairfax have issued a claim on behalf of Arrow Global for an old Egg loan they bought a few years ago, which is by far the largest of my debts (£14k). Its about 6 months from Statute Barred so I guess this is their last attempt.

    I have been looking through other forums and am confused as to what to do now. I have already logged onto MCOL and acknowledged the claim and ticked I dispute it all, however I have not entered a defense as yet.

    I have read several ideas of sending a SAR to Egg (Now Citibank), sending a CCA to Arrow and a CPR to Drydens. I am very worried about this now to say the least, my stomach is churning.

    How successful do you think I would be in defending this, do Egg/Citi normally find the credit agreement or not? Should I just make an offer of installments to the court. What do you think would be the minimum monthly payment they would accept on £14k?

    Thanks in advance.
    Last edited by Amethyst; 11th October 2013, 14:17:PM. Reason: removed random broken links from text
    Tags: None

  • #2
    Re: Debt help please

    I'm having very similar issues so your not on your own, just make sure the court papers are real first as some DC have been known to send moody papers !!!

    Comment


    • #3
      Re: Debt help please

      No, these are real, I have been on MCOL and chosen the option to dispute the debt. Not entered defense yet though........

      Comment


      • #4
        Re: Debt help please

        I'll move this to court claims for you.

        I don't 'do' court, but in terms of making an offer, I thought as long as you attend to defend, the court has to do a Means Enquiry Hearing where they assess what you can afford before issuing a judgment. I may be wrong - that may be just a Magistrates' Court.

        Comment


        • #5
          Re: Debt help please

          You must attend on the court date as before you go into court ,which consists of you all sitting around a table in like a meeting , you will go into a little side room and and they will try to resolve it before you go into court so if you can come to some agreement to save the judges time! As far as I have been told they have to except what ever you offer ! But don't offer big amounts something like £20 pm is quite enough ! If you have put an offer in it mite not even go to court !!! Hope this helps .

          Comment


          • #6
            Re: Debt help please

            Originally posted by Rie1234 View Post
            You must attend on the court date as before you go into court ,which consists of you all sitting around a table in like a meeting , you will go into a little side room and and they will try to resolve it before you go into court so if you can come to some agreement to save the judges time! As far as I have been told they have to except what ever you offer ! But don't offer big amounts something like £20 pm is quite enough ! If you have put an offer in it mite not even go to court !!! Hope this helps .
            Actually, there is no obligation to accept an offer, the creditor can choose to go on to court and obtain a CCJ if they think their prospects are good. Having said that, depending on the circumstances, it may be possible to successfully defend the claim, we'd have to find out more from the OP. :grin:

            As for the amount to be offered, some people pay as little as £1/pcm, it all depends on what you can realistically afford, and you'll have to back up your offer with an Income and Expenditure form to suppport your figures.

            Comment


            • #7
              Re: Debt help please

              Originally posted by paul1973 View Post
              However things have just got more serious. I received today a claim form from Northampton Court. Drydensfairfax have issued a claim on behalf of Arrow Global for an old Egg loan they bought a few years ago, which is by far the largest of my debts (£14k). Its about 6 months from Statute Barred so I guess this is their last attempt.

              I have been looking through other forums and am confused as to what to do now. I have already logged onto MCOL and acknowledged the claim and ticked I dispute it all, however I have not entered a defense as yet.

              I have read several ideas of sending a SAR to Egg (Now Citibank), sending a CCA to Arrow and a CPR to Drydens. I am very worried about this now to say the least, my stomach is churning.
              I've just seen this, thanks to Rie1234 for bumping this up, I was away at the time it was posted.

              It's good to know you have acknowledged the claim, did you ever get around to sending the requests above?

              They have 40 days to respond to a SAR and that would normally be to obtain statements rather than a copy of your credit agreement, so it's not usually the first thing to do when you've got a claim. You should send/have sent a request under CPR 31.14 for the documents listed on the particulars of claim, which would normally include:
              • the agreement
              • the default notice
              • the notice of assignment


              Originally posted by paul1973 View Post
              How successful do you think I would be in defending this, do Egg/Citi normally find the credit agreement or not?
              It's not possible to make an assumption about this, but it's not just a question of finding it, but whether it contained all the prescribed terms in the first place.

              Originally posted by paul1973 View Post
              Should I just make an offer of installments to the court. What do you think would be the minimum monthly payment they would accept on £14k?
              As noted above, the amount would depend on what you can realistically afford, and you'd have to back up your offer with an Income and Expenditure form.

              Comment


              • #8
                Re: Debt help please

                Originally posted by FlamingParrot View Post
                you'd have to back up your offer with an Income and Expenditure form.
                This is a good one, and I believe is almost as widely accepted as a full Common Financial Statement.

                http://www.nationaldebtline.co.uk/en...ebt_advice.php

                Comment


                • #9
                  Re: Debt help please

                  Originally posted by paul1973 View Post
                  I have been on MCOL and chosen the option to dispute the debt. Not entered defense yet though........
                  Good. We can help you with this. If you submitted the AOS having ticked the box which says you intend to Defend we can take it from there

                  Comment


                  • #10
                    Re: Debt help please

                    Originally posted by labman View Post
                    This is a good one, and I believe is almost as widely accepted as a full Common Financial Statement.

                    http://www.nationaldebtline.co.uk/en...ebt_advice.php
                    Why settle if the OP can Defend the claim? We've not yet seen the full background details but if the debt stems from 2004/6 there's a possibility that it's unenforceable in court.

                    Comment


                    • #11
                      Re: Debt help please

                      Originally posted by FlamingParrot View Post

                      As noted above, the amount would depend on what you can realistically afford, and you'd have to back up your offer with an Income and Expenditure form.
                      Originally posted by PlanB View Post
                      Why settle if the OP can Defend the claim? We've not yet seen the full background details but if the debt stems from 2004/6 there's a possibility that it's unenforceable in court.
                      Just following directly on from that statement by FP. I didn't pass any comment on the thread whatsoever, just provided a link to a resource mentioned by one of our members who posts a lot about debt issues. I've not had the chance to read the whole thread to comment properly yet.

                      Comment

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