need some advice

[jet_black]

Our house was repossessed in September 2006, I know from my credit file that the debt is marked as satisfied, however, we also had a secured loan with Nemo which also defaulted. We have heard nothing from them for months (despite our efforts to contact them) until this morning, when a letter threatening a home visit from Debt Management Services.

Since the house has been sold (the main lender have not told us anything since they took the keys) does this mean that they are now classed as a secondary creditor? What is the worst they can do to us. I don't think it would help them very much to make us bankrupt as we have no assets or savings, so they wouldn't get any money back that way. Can they be forced to freeze the interest to give us a fighting chance of paying back what we owe? I would also like to know if we can claim the late payment penalty charges back from them in the same way as regular bank charges?

[Paradox]

Hi Jet, first of all, don't let them come to your house, there is a letter you can send them, but I am short of time, hopefully someone else will post it, if not I'll find it for you later. They have no right to visit you unless they are certified bailiffs, which it doesn't sound like they are.

You will be able to claim any unlawful charges back, but they probably will be used to go towards the debt. I would certainly ask them to cease putting interest and further charges onto your account, and if you were in a position to do so, ask them for a reduced settlement, start somewhere around the 30% mark and work from there, but only do this if you can afford to pay it.

Hope this helps. I'll pop back later to see if anyone's found you that letter.

Matt

[Sapphire]

Hi Jet Black, firstly don't panic, that doesn't help at all. DCA's (Debt Collection Agencies) have a habit of sending out letters threatening doorstep visits, mostly they are threats and in my opnion never materialise. You can ask for the Interest to be frozen - there are letters for all purposes in the library here, I would recommend #5 and adapt it to suit your needs http://www.legal-beagles.co.uk/forum...s-re-debt.html .
I would also start a claim for unlawful charges etc, any money that you receive back can then go towards settling the debt (always a good thing in my opinion).
Lastly as I said before don't panic, send the letters and keep posting, and keep us up to date on developments, we can then keep an eye on your thread and help you with your quest.

sapphire

[Paradox]

Ah Good, Sapphire has found you the letter.. Just in case you missed it, as the link colour is very similar to the colour of her text here it is again

http://www.legal-beagles.co.uk/forum...s-re-debt.html

I would also like to echo what sapphire has said, it's good advice.

Matt

[hellhasnofury]

Our house was repossessed in September 2006, I know from my credit file that the debt is marked as satisfied, however, we also had a secured loan with Nemo which also defaulted. We have heard nothing from them for months (despite our efforts to contact them) until this morning, when a letter threatening a home visit from Debt Management Services.

Since the house has been sold (the main lender have not told us anything since they took the keys) does this mean that they are now classed as a secondary creditor? What is the worst they can do to us. I don't think it would help them very much to make us bankrupt as we have no assets or savings, so they wouldn't get any money back that way. Can they be forced to freeze the interest to give us a fighting chance of paying back what we owe? I would also like to know if we can claim the late payment penalty charges back from them in the same way as regular bank charges?

Hello Jet Black,

I am sorry to hear of your situation. These DMA are ruthless and never relent. There may or may not be a way to resolve this, but we must do our homework

We may not get anywhere with it, but it would be worth seeing actually have to work for their money. Blood suckers

Can you give us a bit more information regarding the debts please.

The house was sold and the first debt was deemed as satisfied and now there is a second secured debt????? and this is the one they are after????

Is it the same company chasing this or has it been passed to a other DMA???

Sorry for all of the questions, but It would be useful to know the answers

Did you send off a SAR request to the Company and a CCA request for copies of the original agreements????

This bit interests me: Can they be forced to freeze the interest to give us a fighting chance of paying back what we owe? I would also like to know if we can claim the late payment penalty charges back from them in the same way as regular bank charges? You might be able to argue that the late payment penalities were added to the final amount????

Can you give us a bit more to work on please

[jet_black]

Hello Jet Black,

I am sorry to hear of your situation. These DMA are ruthless and never relent. There may or may not be a way to resolve this, but we must do our homework

We may not get anywhere with it, but it would be worth seeing actually have to work for their money. Blood suckers

Can you give us a bit more information regarding the debts please.

The house was sold and the first debt was deemed as satisfied and now there is a second secured debt????? and this is the one they are after????

the house was mortgaged with Birmingham Midshires, they repossessed the house (less than a month before I had a baby). We also had the loan with Nemo which we took out on 27th July 2005, it is nemo who are after us now.

Is it the same company chasing this or has it been passed to a other DMA???

Yes we have had breif dealings with this company before, then our circumstances changed and everything spiralled out of controll

Sorry for all of the questions, but It would be useful to know the answers

Did you send off a SAR request to the Company and a CCA request for copies of the original agreements????

I still have copies of the original agreement, however, I need to get some sort of statement from them showing all account activity since it started

Can you give us a bit more to work on please

thanks everyone for the advice so far, we have posted a letter to the DMA regarding home visits this afternoon, I'll scan the credit agreement and T&Cs and post them in a mo

[jet_black]

[hellhasnofury]

Hello,

I am not an expert on credit agreements, but it looks like it contains all of the prescribed terms.

The only bit I do not understand is when the quote it can't be cancelled. I will ask about for further infor on this or maybe some-one on here may be able to help.
Did you want the ppi or was this made as part of the condition of the sale??????

[jet_black]

he had the ppi as we thought it would be a good thing to have, unfortunately when my husband was off sick with depression we were told the policy didn't cover depression so they refused to pay up

[hellhasnofury]

he had the ppi as we thought it would be a good thing to have, unfortunately when my husband was off sick with depression we were told the policy didn't cover depression so they refused to pay up

Did they explain or give you terms and conditions that this condition would be excluded

[jet_black]

unfortunately, looking at the paperwork, it is noted that mental illness is not covered (shame we didn't have a crystal ball)

[Paradox]

Could this be construed as miss-selling? I.E. were you told that the PPI excluded this condition?

I have no idea on PPI I just thought I'd ask the question.

[jet_black]

A representative of DMS turned up today, I refused to open the door, I told him I had written to his company regarding home visits and that he was breaking the law by being here. He put this letter through the door and said we had to ring him, I said we were getting legal advice and all contact must be in writing only. He went away looking very miffed

[iancognito]

Well done for sticking to your guns, you will get this sorted if you don't let them grind you down.

Kepp us updated and we'll give you all the support we can .

[jet_black]

I'd like to say a big thankyou to whoever set up this site, before I found it I would have been terrified by now. I feel confident that I can get through this, I don't wish to "dodge" any of our debts, but I will not be bullied and be forced to pay through the nose any longer.

Thanks to everyone who has commented so far, I am keen to know how on earth they think they are going to repossess our council house since our other house has already been repossessed by the primary lender. I'm posting off the SAR on Monday (no money until then) so hopefully they will take me seriously. I am not going to let them make me worry about bankruptcy as we have barely anything left that they can take, so it wouldn't be in their interest to do this. I'll keep you posted on our progress.