BOBSCOUSE v Northern Rock/Pinnacle

[Amethyst]

Re: BOBSCOUSE v Northern Rock/Pinnacle

here (shout if any more changes)

[BOBSCOUSE]

Re: BOBSCOUSE v Northern Rock/Pinnacle

I don't think I could cope with going for hardship at the moment - a bit brittle so to say!!
("Talking" to you lot is definitely starting to clear my head a little but a long way to go before I feel sane - strange how it feels like you're a right thicko when going through all this, I'm sure I lost a lot of brain cells recently and I'm not sure if IntelliBob is still lurking away in there!!!!).
"Token payments" are exactly that at the moment - if a non-priority debt manages to catch me on the phone then they will get a £10-£30 payment out of me - Maximum, and strictly dependent upon my state of mind and how much they are owed.
All priority debts have been treated as such and none of them are in arrears.
I haven't asked them to freeze interest or charges yet so the debt has been growing by £400 per month just on interest alone - I'm using the letters I send out to request this and also that they consider reducing the balance owed.
------------------------------- merged -------------------------------
Thanks Ame - you're a star!!

Speak later - I have letters to get on with................

[Amethyst]

Re: BOBSCOUSE v Northern Rock/Pinnacle

lol - its funny isn't it I'm completely cruddy with my own life too

Okay so hardship claims probably out the window, so just need to keep that account ticking over with an acknowledged dispute in case things do go downhill and they try to default you. glad you are keeping the priority stuff as priority....so really we're just sorting out the non priority creditors who dont have a lot of power and should accept repayments for now.

so really its not a huge problem is it ? (yeah i know it feels like it sometimes) so long as you keep them informed and try to make arrangements and don't stick your head in the sand, no courts going to order any more than you stick to your repayments that your IE show are affordable, and maybe a charge order on the house if they go to court. OK your credit rating will probably get a bashing, but then you don't really want any more credit, and in six years you'll be sorted lol. (lol take as much sarcasm from that as you fancy)

If you need any help with those letters give me a yell.

Jules is away till Tuesday and he'll give you an idea what to do with the catalogues, but for now just do the CCA requests and prop repayment letters and we can work on from their replies as and when. If you can i would start doing the payments at the levels you are offering from next pay day and tell callers you are now only communicating in writing thanks very much.

(((((((((((hug))))))))))

[BOBSCOUSE]

Re: BOBSCOUSE v Northern Rock/Pinnacle

Thanks Ame - nice to get some reassurance. All letters are ready to go out now, have spoken to a couple of creditors which has helped too.
Should I go ahead and set up Standing Orders for the proposed payments even though I am waiting for a response from the creditors?
With all the default notices which would have appeared on my credit file, what can I expect to find when it comes to sorting out the mortgage? Not doing anything with this at the moment as our dear Chancellor is keeping the base rate just nice right now. Would like to get tied into a rate if I can though as interest rate is bound to start going up again soon.

[Tools]

Re: BOBSCOUSE v Northern Rock/Pinnacle

Bob, keep giving me a nudge re-studio as I am liable to forget.

[BOBSCOUSE]

Re: BOBSCOUSE v Northern Rock/Pinnacle

Hi folks!

Been awake half the night so decided to have a cuppa and put some time to good use instead of lying there!!

Slight problem. Studio and Littlewoods both sent responses which we received yesterday, rejecting the offers of payment. They have queried the "Other Expenses" in the CFS and want a breakdown of the amounts (could you do this for me please Ame?). They also phoned my wife whilst I was at work. Unfortunately she has agreed to set up a D/D with both of them for amounts far in excess of the offers made. Obviously I will just send them a letter accompanying the Other Expenses breakdown, explaining that my wife simply felt under duress to give them amounts which they felt acceptable. The offers made are all we can afford and are proportional to offers made to other creditors according to what they are each owed and the money available to service those debts.

I think that both accounts (in particular Studio) will have to be taken down the CCA route. As Tools seems fairly certain of success, what is it in these agreements that makes them unenforceable and how difficult does it tend to be to prove that this is the case? Tools, you asked earlier in the thread "Bob, is that Studio account still active or has it now become a chased debt on a suspended account? " - Well they are still chasing the amount themselves and I can't find anything at the moment which suggests that they have suspended the account. Pretty sure they won't be taking any orders from us though !!!!!

I have previously taken some cards to court (Capital One amongst others) over default charges - is it still possible to go the CCA route when I have previously taken this action? I assume that the cards which were started earlier are more likely to be unenforceable as the contracts will have "improved" over time. Perhaps these should be the ones to start with? Perhaps I just shouldn't assume......................

Thanks in advance for answers to all the questions above, and any advice given.

Bob

[Amethyst]

Re: BOBSCOUSE v Northern Rock/Pinnacle

Bob will do the breakdowns for you - CFS is accepted by all the banks and charitable debt organisations so they should be alright with the figures as you don't have any trigger busters in it. Will be this afternoon though.

Will ask Tools to look in on the studio bit - from memory (and actually if you search the forum I think he may have done a thread about it) just didnt have an agreement at all.

[Tools]

Re: BOBSCOUSE v Northern Rock/Pinnacle

I never did start a thread about Studio Catalogue but have a read of the following thread as the principles were very similar.

Tools vs Simply Be / Shoe Tailor / JD Williams / Candid Collections

I WILL get round to doing a Studio thread, just need reminding as my memory is like a.......whatchacallit..................round thing.............round meshy thing with holes in it...............used for flour etc in cooking............nope its gone:tung:

[Amethyst]

Re: BOBSCOUSE v Northern Rock/Pinnacle

I never did start a thread about Studio Catalogue but have a read of the following thread as the principles were very similar.

Tools vs Simply Be / Shoe Tailor / JD Williams / Candid Collections

I WILL get round to doing a Studio thread, just need reminding as my memory is like a.......whatchacallit..................round thing.............round meshy thing with holes in it...............used for flour etc in cooking............nope its gone:tung:

[BOBSCOUSE]

Re: BOBSCOUSE v Northern Rock/Pinnacle

Hiya all - shamefully bumping for answers to my questions and the Other Expenses breakdown!!!!!!!!! Sorry.

[Tools]

Re: BOBSCOUSE v Northern Rock/Pinnacle

Apologies Bob, I did miss this.

Slight problem. Studio and Littlewoods both sent responses which we received yesterday, rejecting the offers of payment. They have queried the "Other Expenses" in the CFS and want a breakdown of the amounts (could you do this for me please Ame?).

For the moment don't worry about that.

They also phoned my wife whilst I was at work. Unfortunately she has agreed to set up a D/D with both of them for amounts far in excess of the offers made. Obviously I will just send them a letter accompanying the Other Expenses breakdown, explaining that my wife simply felt under duress to give them amounts which they felt acceptable.

Good, you cannot give them what you do not have, cancel any direct debit/recurring payment to them ASAP and insist that they only contact you in writing from now on.

The offers made are all we can afford and are proportional to offers made to other creditors according to what they are each owed and the money available to service those debts.

That is ok.

I think that both accounts (in particular Studio) will have to be taken down the CCA route.

Yes definitely, remind me again (apologies if you have already said) have you sent them a CCA request?

As Tools seems fairly certain of success, what is it in these agreements that makes them unenforceable and how difficult does it tend to be to prove that this is the case?

Quite simply, there wont be ANY signed agreement at all, the burden of proof is upon Studio to supply an enforceable agreement should they wish to recover the debt through Court. I can pretty much assure you that your wife will not have signed an agreement and that all they will send you is a blank copy of the agreement stating "it is a true copy" but it wont be signed. Also, when writing to them do not sign your letters, just type out your name or use a handwriting font, some companies have been known to "reconstruct" agreements in photoshop.

Tools, you asked earlier in the thread "Bob, is that Studio account still active or has it now become a chased debt on a suspended account? " - Well they are still chasing the amount themselves and I can't find anything at the moment which suggests that they have suspended the account. Pretty sure they won't be taking any orders from us though !!!!!

Good, as tempting as it may be please do not place any further orders with them, if you have any deliveries pending cancel them or return the goods once they arrive.

I have previously taken some cards to court (Capital One amongst others) over default charges - is it still possible to go the CCA route when I have previously taken this action?

Yes it is, but only if the account was opened pre 2007 and the agreements are found to be unenforceable.

I assume that the cards which were started earlier are more likely to be unenforceable as the contracts will have "improved" over time.Perhaps these should be the ones to start with? Perhaps I just shouldn't assume......................See above

Thanks in advance for answers to all the questions above, and any advice given.

Bob

[BOBSCOUSE]

Re: BOBSCOUSE v Northern Rock/Pinnacle

Ame darling, can I nag you for the breakdown of the "Other Expenses" as I'm notsure how you put it together - Thanks hun!

[Amethyst]

Re: BOBSCOUSE v Northern Rock/Pinnacle

doing that now

[Amethyst]

Re: BOBSCOUSE v Northern Rock/Pinnacle

This is the full CFS sheet (copy and paste url to browser to download) http://www.overdraftfees.co.uk/bobscousecfs1.xls

The red figures you can ignore - you probably need to transfer it to a word doc or something to show your breakdowns under each heading.


tell me when u have it and i'll remove it

[BOBSCOUSE]

Re: BOBSCOUSE v Northern Rock/Pinnacle

Hi Ame, thanks!
Is it okay to spread the amount to other items in Total Other Expenditure - put some on House Maintenance and school meals/trips for example so that they don't think we enjoy our spare time too much?
Bob