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Everything posted by Melbel

  1. Thank you DX - I really appreciate your help. Should I write to them again with the offer and no I&E?
  2. Here they are. Hope they’ve worked. I’m on my phone. Halifax reply.pdf
  3. I can show you what halifax sent to me if it helps as I have it right here
  4. Hi DX The letter is on my pc at work (I meant to get a copy off) but yeh I did ask that they freeze interest/penalties and made the offer. Explained that we will never dig our way out of it if not and said it was a reasonable offer. I also mentioned that our problems came when they changed the terms of their OD and that it left us with no money to live on sometimes and that we couldn’t budget because it was so erratic. Parachute account is up and running
  5. Sorry for the late response folks. I have an update. I wrote to halifax and explained our situation of not being able to afford the £188 loan repayment a month along with them constantly taking daily fees and swallowing up our money (never knowing where we are) The letter was posted mid May. (Signed for) Early June they wrote to us not acknowledging our previous letter. I found this odd so I checked with Royal Mail and our letter never reached them (good job I sent it recorded) So I sent a copy of the letter from May again (with a copy of the Royal Mail receipt as proof we had been in touch) They eventually wrote back last week and acknowledge our financial difficult and enclosed an income expeonditure form, I know it may sound daft but do we have to fill this out seeing as we’ve made a repayment offer of £200 per month. The offer was to cover the loan repayment and some of the Overdraft. I’m not sure where I stand with this, is it better to give them all of our income/outgoing details or could it open a can of worms? Wouldn’t the offer be enough?
  6. Thanks you for the links Bazooka Boo. I’m getting the letter done right now
  7. We normally are ok for Xmas time off because we know it’s coming and put money aside but that ankle injury he had really put us back so payments to the loan were either missed or paid late and then the daily OD charges started around then and before we knew it, it had become a mess. Really scary how it catches up with you.
  8. The agreed OD was set at £1.2k. They take the daily fee which is around £1.42 (percentage of what the OD is) Then they were taking chunks of money like £40 here and there which I think was charges for going over the agreed OD. To be honest it’s all become such a mess we don’t know what they’re taking for what, it was so hard to get back to level with them constantly dipping in. We never knew how much money he has available because they were just takings I we couldn’t budget. Ok so I’ll write to them and explain that he is in financial difficulty. Are there any specific templates I should follow or shall I just put something together? I had a quick look in library but couldn’t find anything. I really appreciate this help.
  9. Thanks for all the replies. His injury was for 3 weeks in October with an ankle injury (better now) , then he has to have two weeks off over Xmas because the building site he works on was closed so that was five weeks money we were down. At the time I was on JSA so we were really struggling. (I am working again now) He did have repayment holidays which he used when he could, I think thats why the debt hasn’t reduced much. The loan is a clarity loan, no ppi. Taken out in 2016 I think. It was for around £7.5k but it’s only reduced to around £6k (maybe a bit under) due to him missing payments etc. He hasn’t missed every instalment since then but every time he gets paid they take a chunk of money for charges and also the OD daily rate which started late last year. The OD daily rate is usually around £1.40 per day. The loan is unsecured. We thought about refinancing but his credit file is rubbish due to the late payments (there’s also a credit card which suffered but we are dealing with) It’s this halifax account that’s caused the problems, it just doesn’t seem to get anywhere when we throw money at it so I thought the best idea would be to just stop using it and try and get it all dealt with separately while he gets paid to another account. . I think I’ve answered everything. I’m on my phone so going to read through all your replies again when I’ve submitted this answer.
  10. Hi all. Was hoping for a bit of advice on what to do it this situation, it’s my husband’s Halifax account, He has a loan with them for approx £6k and a £1.2k overdraft which as we all know is subject to the recent adjustment in charges. My husband is self employed and had a run of a bad few weeks due to injury, this was the start of the problems. He cannot keep up with the charges anymore and the loan payment combined, He has opened a new bank account to be paid into and now we need to tackle the combined Halifax debt. I’m going to help him draft a letter. I don’t know if it would be best to just write to them regarding the full amount owing (loan and OD) explain he is in financial difficulty and make an offer to pay something per month - The offer won’t be as much as the monthly loan instalment & OD charged that they would have normally taken. What sort of action would they take ? (I know they won’t be happy with this offer) and would they freeze interest or the daily OD rate from accruing? Really don’t know how to tackle this, Any advice much appreciated.
  11. Thanks Theoldrouge, I just wanted to check there was no need to panic just yet.
  12. Hello all. Since my past contact about this I have received two more letters. One letter was another discount offer (this time showing the amount they are willing to discount it by) and the second one I'm going to post now. They have gone back to threatening CCJ. If they were to issue County Court action, would I get a chance to send them a CCA request before anything happens? I'm trying to avoid contact with them until absolutely necessary.
  13. Hi all, just wanted to update you all.... Thanks again for everyone's input previously. I decided to not contact them and wait to see what came through the door next before sending them a Sar or CCA. So today I've had another letter from them.... 'A Discount Is Available!' They don't say by how much but ask me to call them to take advantage of their discount offer. I think it's safe to say there will be no CCJ anytime soon. Will keep you all updated.
  14. You've put my mind at rest, thanks Martin. I was just a bit scared cos I've finally got my credit history to normal/decent and didn't want to have it ruined , their scare tactics temporarily worked! I'll keep you all posted as to the next correspondence I receive from them.
  15. Thanks Dave. I will do. Martin, that's what I originally thought I should do, it does feel like a threat due to the wording. I'm just worrying if they do start CCJ proceedings will it go onto my credit file? I will also bear in mind the good advice about reclaiming charges and PPI (don't think there was ppi in the card but if first credit haven't hit the paperwork then they won't know that will
  16. Thanks both, I will send the CCA request as advised. I was hoping I wouldn't have to get into it all with them but it could put an end to it as you've both said. Thanks for your help.
  17. Ive tried to attach a copy of the CCJ threat..,hoping it's worked
  18. Morning Caggers, I've not been in these forums for a long time - I've had an old account rear its ugly head. The story is, 1st Credit have bought a debt for just under 2k from HSBC (I think it might be an old credit card, I don't even know) I think I was paying £1 a month in it until sometime earlier this year when I changed accounts and didn't re-set it up. Sorry to sound vague but I had a few of these and they are all old so the details escape me. HSBC wrote to me to inform me they'd sold the debt to 1st and that they'd 'taken the necessary steps to reflect the change of ownership' etc. I have since been receiving a heavy volume of correspondence from first ranging from sending me income & expenditure form to the usual requests for payment. This account was a default on my file however it dropped of sometime over the last 2years . The default was registered around 2007 I think. The account isn't statute barred. I have today recieved a letter from 1st informing me county court proceedings are being considered and a list of what it would cost in legal proceedings on top of the debt. The first sentence reads 'we are considering whether we should refer your account to our legal dept to issue CCJ proceedings against you' I have no idea if there is a signed CCA for this account as I say - it's old and I barely remember it. I'm not sure what to do, can they issue a CCJ against me (I've read elsewhere that they need to default you 14 days before then they can send the CCJ paperwork however this is an expired Default so how would it all work. I'm not sure it's just threats or if they will do it. Should I contact them or ignore them? I'm just looking for advice on the best course of action really. Thanks for reading this Melbel
  19. I wasn't trying to argue not having a signed CCA to get a default removed. I offered them a percentage to remove it based on the fact there will be no further payments made to the account as it's in default of a S77/778 request. I haven't paid on the account since 2010 ish because they couldn't produce a signed agreement, that's why I've tried my luck with a F&F on full default removal. I was wondering where to go next, I will just have to tell them I am leaving it in default of a CCA and will not be signing their form and continue to not make payment. I was also curious as to why they would say they have not issued a default when there is one against my name. (Does it automatically do that if you miss 3 payments?)
  20. The Lowell letter is pretty predictable. They've basically said they cannot agree there is no Credit Agreement. They sent in 2012 Agreement of account T&Cs Statements of the account Barclaycard have previously provided these documents to me under the CCA sec 77/78 request. (NOTE THEY SENT ME A COPY APPLICATION FORM) based on the information i've offered 10% is too low. Defaults are required on accounts to provide a true and accurate info on how my account is being conducted. Unable to remove details of default and are obliged to leave it for a maximum of 6 years If the account is settled in full they will mark as 'satisfied' if they agree to a partial settlement they will mark is as that. look forward to hearing from me. That was pretty much expected. They've never supplied me with the CCA I have requested it twice. any advice on this is welcome although I'm more concerned with the Simply Be one now
  21. Hello All I have received replies from both Lowell (Barclaycard) and Simply Be following my offers for F&F settlements. I will post separately the replies so not to confuse accounts. Starting with Simply Be.. They have said the following; Thank you for your letter dated 25th oct, contacts noted etc... This account was originally opened in April 2005 as a 28 day continuous personal credit account. The current outstanding balance is XXXX Credit charges were applicable blah blah We have not issued any Default Notices or obtained any court orders in relation to this account. (NOTE THERE IS A DEFAULT ON MY CREDIT REPORT FOR THIS ACCOUNT REGISTERED 2010) Please find enclosed a ''True Copy'' of your credit agreement, along with the current T&Cs applicable to your account, to which you have agreed. We have noted your assertion that you did not sign the CCA in respect of the above account. In the absence of any valid dispute over the components that make up the balance of your account we consider your assertion that you have no legal liability for payment to be based purely on the fact that you claim that the relevant CCA has not been signed. We would make you aware of important changes implemented by the CCA 2006 in respect of credit agreements entered into after April 2007. As your Credit account was opened after this date , even if we are able to produce a signed agreement (which is not admitted) we have the right to apply to the court for an enforcement order. An order will be made under provisions o section 127 of the CCA 1974 (as amended by the CCA 2006) unless the court finds prejudice has been caused as a result of the alleged failure of your client to sign the agreement. We do not consider that you have been predjudiced any way by the alleged omission of your signature on your CA and we are confident that we would be successful in any application for an enforcement order in respect of the agreement. If you continue to dent any liability in respect of your debt and do not make any further payments towards it we can apply to the court for an enforcement order in respect of the agreement and reserve the right to seek costs and interest. In addition, our rights in relation to pursuing you for the cash balance of the goods are fully reserved. we await your reply. ALSO they've enclosed two copies of credit agreements with my old address in ( relevant to 2005) to be signed and returned and two copies of agreements with my current address in to be signed and returned. SO... what do I do now.. . Hmm. they've said I took the account out after 2006 but also mentioned at the start of the letter The account was opened in April 2005 (which is correct) not sure what to do next.
  22. I did write on the letter I will not accept satisfied or settled as it is of no benefit to me. There is no credit agreement for either account, I haven't paid on them for a couple of years so will just leave them in default as they are unenforceable
  23. Well, I wrote to Lowell (Barclayard) and JD Williams (Simply Be) both offering a F&F settlement upon removal of negative data (Recorded delivery). I said I would like an answer within 14 days, (copy of letter above) heard nothing, off either party. The 14 days is up. So; do they tend to ignore these offers if they are not interested? If they were interested I would have thought they'd have been in touch by now...
  24. I will add that too.. Thanks, Brig. Sending this letter today. Going to compose something similar to Lowell (barclaycard default) and amend to suit the circumstances. All being well I could get these defaults off.. But I will not pay them to simply mark as 'settled' as it will be no benefit to me. Keep you updated folks.
  25. This is what I am sending to Simply be/JD williams ; I write with reference to previous communication regarding an outstanding balance on the above mentioned account and wish to make an offer to resolve that will suitably please both parties. There is an outstanding balance on the account which is formally in dispute as there is no Credit Agreement and is unenforceable, as you are fully aware this is made up primarily of charges. However, a default to you and no payment will not achieve much so I therefore write to try and resolve matters amicably, that will suit both of us long term. I propose to offer a full and final payment to settle and close this account to the value of 12% of the default balance, which will take into account and absorb, a lot of the charges that have been added to the account throughout time. To summarise, I am more than happy to settle as much as 12% of the total amount owing so long as you can agree to (on headed paper), and ensure that, the following actions will be carried out; a) Neither you nor any associate company will sell on, take action or pursue this debt whatsoever and I will be released from any liability. b) All negative information in relation to this account will be removed in full from all credit reference agencies including Equifax, Experian and Call Credit. This is to be a full removal and not an amendment or marking the account as satisfied or settled. c) The information is removed within 14 days of receiving payment and a letter shall be sent confirming removal. Payment can be made by your preferred method within 7 days of receiving your written agreement to this offer. I look forward to hearing your response in writing within the next 14 days. [/i][/i][/i][/i]
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