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purpledelly

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Posts posted by purpledelly

  1. Many thanks to you both. I think you're right about stopping the Collect Direct one. It's the easiest way to find out what it was and whether I really need to pay it.

     

    The CCJ was defended and the court agreed I (well it was 'we' then but not any more) should pay £57 a month. I think the debt was around £20000 but I would have to try and find the paperwork for it. I don't really know who to contact or how to find out how much is owed. I've moved house several times and I guess they've lost track of me in terms of updating with statements.

  2. Hi Everyone,

     

    I had a debt management plan about 10 years ago, which is long since pretty much paid off / written off etc

    aside from two things which I would like to ask advice on.

     

    Firstly, I pay Collect Direct £45.00 a month on a standing order.

    I no longer have any idea what it is for but believe it may have been for an Egg credit card

     

     

    I have received no correspondence whatsoever from Collect Direct for about 8 years

    and I have no idea how to contact them or find out how much I may still owe.

    Nor do I really want to open that can of worms really as life has moved on.

     

     

    I would ideally like to stop paying them because I feel I could continue paying £45.00 forever

    and I don't know how much I really may owe.

    Is it advisable to stop paying them or just continue?

    If I stop paying them, what might the implications be?

     

    Secondly, I also have a CCJ from Tesco finance.

    This was a CCJ given in 2005 and no longer shows on my credit file.

    I pay £57.00 a month and at that rate it will take me longer than my entire working life to pay back what the debt was.

     

     

    Again my question is,

    what would the implications be of failing to pay a CCJ or should I just carry on.

    I could never afford to pay off the full amount.

    Is there anything else that I could do to try and get rid of this noose?

     

    Many thanks in advance for any advice.

  3. OK here's another thought... and I'm sorry for posting more.... and I'm sure there might be more people around tomorrow to add some of their thoughts...

     

    But .... when a company (say a mortgage company) check my credit file. Do they look only at open accounts or all accounts?

    Because this below is the summary of accounts on my CRA file.

    I've blanked out names and amounts for currently active credits.... but the MBNA one is in the closed list.

    As you can see - accounts in the closed list don't have a 'D' or anything after them. So are they effectively ignored by anyone looking to assess credit worthiness? Or again am I perhaps hoping too much?

     

    Aside from that one 'D' (which will be gone early 2011) and the '6' from the CCJ account on my open accounts then the rest looks 'OK'!

     

    summary.jpg

  4. Another thought.

     

    How much is the MBNA debt?

     

    I'm guessing if it is small:

    - They may think it not worthwile taking it to court

    - To bring it to a closure (and prvent a future CCJ) you may be able to offer a Full and Final if you prefer not to challenge the agreement.

     

    Well...I just went back to the CRA report to check this and interestingly the picture below is what it says down the left hand side.... where all my other accounts show amounts but this doesn't. How can I default on an account that's closed with nothing owing :rolleyes:. Am I just clutching at straws here?

    However the balance was fairly high if I remember correctly last time I saw any kind of statment - quite a few thousand.

     

    mbna2.jpg

    Don't really understand the implications of this....

    Also - they did offer me a range of full and final and partial settlements throughout the CCA dispute. I couldn't afford what they wanted at the time though... and also felt beligerant as they didn't have the CCA - they only ever sent me a poxy poor incomplete application form..

  5. Perfectly understandable, but be prepared in case they go for a CCJ as if they get it that will reset the 6 year clock on your credit file.

     

    Yes that's true.... but they wouldn't be likely to get a CCJ without a default notice or a CCA would they? And does it make any difference that the account is marked as Closed on my CRA report. I'm not sure what that means really - does it mean they've washed their hands of it and if so surely they can't pursue me for it....agghh it's all so confusing.

     

    Just when everything was beginning to seem to be on the road to recovery :rolleyes:

  6. Yes you're right - I'd considered the wait and see versus the 'poke the beehvie' options and now they've gone quiet I am a little reluctant to stir it up again. However I'm fuming about the default notice and don't want it to affect things down the line...

    I'm reading some threads including the one you posted - gosh they are long threads! But it seems this is a fairly common issue with MBNA.

     

    Re: the statute of limitations - by that do you mean the rule whereby if you don't acknowledge or pay a debt for 6 years it becomes statute barred? If so I guess I would ideally like to do that - but that would still take us way beyond 2011 and I'll have already spent 6 years paying penance for my debts by 2011 and ideally want to sort all this out and get straight :(

  7. Just a little update.

     

    I've definitely not got a default notice from MBNA who are 2nd company I mention who had the arrangment to pay notice for ages and then suddenly a default notice last year.

    The last correspondence pretty much that I had from them was this time last year when they said they 'may' have to take further action (e.g. CCJ/default) if I didn't contact them. I've definitely not got a default notice though.

    I've got 2 years to sort this before I need to look at mortgages - does anyone know if I'd be able to contest this and if so how?

    I'll have a look around the forum too and see if I can find some information.

  8. Thank you again.

    I've had a rummage and all my paperwork is pretty neatly filed and I only have the CCJ notices nothing else from this creditor. I'm wondering if I may have sent it to the CCCS and I bet if I did they won't still have it :Cry:

    I will ring them and see though.

     

    Assuming this is correct and there is no default, does anyone know what the implications might be in say 2011, if I have 6 'good' records (mortgage, bank accounts x 2, mobile phone, catalogue, credit card with low balance) and then just this one '6' ?

     

    Re: the 2nd query - you're right in that we didn't go to court. They just seem to have 'given up' and obviously have marked the account closed. But I'm not assuming they haven't or won't pass it on to some lovely DCA at some point. They've never actually admitted it's unenforceable and agreed to write it off.

    Also - I definitely didn't get a default notice in the post from this company in Sept 2008. I'm not sure if I've ever had one but will go on a rummage again.....hmmmm...

  9. Just dug into mine:

     

    On the "Report Summary" click on the line in question.

     

    About half way down on the left of the "Detailed Account Information" page you should see something like:

    Default Date 01 December 2005

    Removed from File December 2011

     

    Hi Again

    Nope - other accounts have this info about default but this one doesn't. Bit strange really as I'm wondering how they got a CCJ if they didn't register a default, but the CCCS were dealing with it at the time and we just signed the bits of paper :rolleyes:.

    I'm going to dig out our records in a bit and see if there is a written default notice from them anywhere.

     

    Any advice on the other query?

  10. OK...I'm back again and thank you for the advice so far.

     

    I used the link and did a check. I've not used this before although I have had an experian check before.

    This was interesting in that it didn't show as many default accounts as I thought it might. One or two seem to have just disappeared.

     

    It has though, thrown up a couple of questions which I'm hoping someone may be able to help me with.

     

    Firstly - the CCJ I have. It is registered on the credit file under CCJs. as per this picture:

    ccj2.jpg

     

    However, in the main account it is also listed, but this time with a (6) next to it:

    ccj1.jpg

    This seems like it may cause me issues. Should it not read 'default'? If it is normal for it to have a 6 could this cause me issues come 2011 as presumably this won't also 'fall off' my record?

     

    The other question is similar. It's about another account I have/had.

    This was a credit card which I defaulted at about the same time as all the others. I paid a token amount per month for a couple of years on my CCCS DMP but when I took it over myself I CCA'd them and they provided nothing so I stopped paying. It got passed around a little to DCAs but eventually I stopped hearing anything at all about it. What is annoying on this one is that it says 'AR' for ages and then shows missed payment before finally a D in Sept 2008 and then DA to show it's gone to a collection agency.

    Clearly this is a problem as the default will now take 6 years from Sept 2008 to drop off. Is there anything I can do about this?

    mbna.jpg

    EDIT: I don't know if it's relevant, but this account above is also listed as being 'Closed' so it's in my Closed account list...

  11. That's useful - thank you.

    I have a credit card with a weeny balance which I pay off almost immediately - it's certainly never late or anything. And also a catalogue I reguarly pay off. I got these with the intention of 'repairing' my record so I would have some 'good' history when the time comes. Is this likely to help?

     

    I must check if my defaults are all registered as such and not late payments. If they are continuous late payments can I do anything about those? Would they cause problems?

  12. I wonder if anyone can advise. I've had a search and can't find the specific answer to my question although I know there are similar questions on here.

     

    Basically (long story short) I entered a DMP in 2005 and have a number of defaults from around Aug 2005. I also have a CCJ which I'm paying off monthly (and will take forever) listed in the same month.

    I took over my DMP about 2 years back and through CCA letters and various other means I've either got rid of, paid back or am paying back monthly the debts, including the CCJ.

     

    If I'm correct, the defaults and CCJs will 'drop off' my file in Aug 2011 (6 years after registered). Is this correct?

     

    I'm really wondering what the implications are - mainly in terms of getting credit after that - I don't want credit except a new mortgage that's a better rate than now.

    In addition, is there any effect (good or bad) in the fact that I will in Aug 2011 still be paying back some of these debts? Presumably I can't stop paying them then as they would default again - is that correct?! Not that I really want to. I really plan to just get a new mortgage if possible and then set about clearing the remaining debts ASAP.

     

    Any advice and clarification would be much appreciated.

  13. Once again thank you 42 Man.

     

    One final question for now (sorry!):

    When a DCA files a Statutory Demand do they just have to fill out the 6.1 form and send it off to whoever they are sending it to or do they have to register it with a court at that point? The reason I ask is that my mum wasn't sure which court to file her defence papers with - we have located from one of your other links - which her local court is that deals with SDs but I'm guessing if the DCA has to 'file' the SD with a court it won't be the same court? The place on thr SD for them to write the name of the court with whom to file a claim to have it set aside is left blank!

     

    Hope that makes sense...

  14. Hi

    I'm back again with a query on this since speaking to my mum and looking at the paperwork.

     

    She has spoken with the CCCS as her DMP is with them and they have told her to send a CCA request to 1st Credit. However they said nothing about getting the Stat Demand set aside and implied she shouldn't do anything on that score as it was probably just a threatogram.

    The Stat Demand looks like a photocopied cut and paste job to me, but then I've never seen one before. It has no court stamp on it at all (should it??). My feeling is that we should still file a 6.4 and 6.5 form but am unsure given the CCCS didn't advise that... have they just overlooked it.?

     

    Can anyone just confirm if we should just go ahead with the CCA and in the meantime file the forms to have the Stat Demand set aside?

     

    Advice much appreciated.

  15. Thank you 42man.

    I've read lots of the threads so I can see it is possible to defend them successfully. I'll get the CCA request send out with her tomorrow - I know the drill as I've sent several myself. Should she then put this on the affidavit? Should she put that the debt is disputed or they haven't proved the debt exists or something like that? I've got the forms 6.4 and 6.5 downloaded and am filling them in with her on Saturday.

  16. Hi all

    I have read loads of threads on here this evening but can not find the specific answer to my question so forgive me for starting a new thread about Statutory Demands.

     

    My mum is in a bit of a tizz after receiving one of these on behalf of 1st Credit/Connaught today.

     

    I don't know the entire ins and outs but I'll summarise what I do know and ask my question!

     

    She has been on a DMP for 12 months with the CCCS. This debt was included as part of it - it was originally Citifinance and got passed on recently to 1st Credit- she passed on the references/account details to the CCCS to pay 1st credit and also spoke to 1st credit who agreed to her continued payments. She has continued paying CCCS believing that 1st credit were getting their money.

    This is where I'm a bit vague but I think that 1st credit have sent a couple of letters saying payment has not been received, but CCCS say they have made the payments and will 'look into it' when my mum queries it.

     

    Now she has received the Stat Demand from them. She will phone CCCS tomorrow but I want to help her file her application to have it set aside. I have the 6.4 and 6.5 forms but am not sure what to put in the defence affidavit.

     

    Questions!

     

    1. I wanted her to send a CCA request but she hasn't done it. Would I be right in thinking that it would be too late to do this now and file that the debt is in dispute as a defence?

     

    2. I believe that as she has been paying them under and agreement and has proof of this, that would be enough defence anyway? Does anyone know if this is correct.

     

    I'm fairly clear from lots of reading on here, how we go about applying for it to be set aside, but those questions need answering in my mind before I help her fill out the forms.

     

    Any help would be much appreciated.

  17. Hi Folks

    Just thought I'd update this as it's been bumped up.

     

    I did send them 3 payslips with ALL details except my name, dates and NET pay blacked out - and explained why in my letter. I sent a cheque and bingo - their 'client' is now accepting my offer for '3 months' when they will want a review. Can't see my circumstances changing that much in between buy hey ho!!

    So thank you so much to all who replied - for your brilliant advice :)

  18. MBNA are immensely frustrating to deal with, not least because they seem to be unable to find their corporate rectal orifice in conditions of complete illumination.

     

    It's not just incompetence, however, they appear to be deliberately devious and mendacious in their dealings, behaving as if they are above the law.

     

    I sat tightwhilst they ran through their range of threats, until they flogged the account to a DCA, who went away when advised that the debt was disputed, no CCA etc., etc.

     

    Hi ScarletPimpernel

    I think you've hit the nail on the head - they just hope to wear one down with their circular approach to everything - threats one minute then nicey nicey offers the next, then pointless and meaningless long letters another.

     

    So has yours 'gone away' now - i.e. have they stopped hassling you since the DCA decided not to pursue it? If so I will hope that they will pass mine on eventually!!

  19. I am back seeking a little advice on MBNA having previously posted somewhere else on these forrums about them..

    I'll try to be brief...

     

    I CCA'd MBNA about 6 months ago after being on a DMP with CCCS for 2 years and then taken it over myself. I decided to ensure all debts were enforceable and wrote to all creditors with CCA requests.

     

    I never received ANYTHING from MBNA. They ignored me for a while, then eventually about 2 months ago I began getting 'normal' statements as opposed to my 'special terms' statements I had whilst on the DMP. THis involved adding interest back on and late payment charges, as by this point, I'd stopped paying them as they had no CCA.

     

    I then got threatening letters and phonecalls. So, on the advice from the other forum on here, sent a cformal complaint to MBNA. I finally got a reply to my complaint today which makes me want to bang my head on a brick wall :|

     

    I will summarise, but basically they say they feel they have no case to answer, that I am liable for the debt and they won't stop chasing, that they sent me an application form which meets the criteria under s.78 (they sent me NOTHING - or at least I honestly didn't receive it). It also mentions how they will not stop processing my personal information as I allowed it as part of the management of my account with them.

     

    It basically says that they don't see the account as in dispute, will not enter into further correspondence about it and I can complain to the FSO if I want.

     

    I am at the end of my tether with them. I know they can be pigs but I just don't know where to go with it, or what they will do next. I honestly haven't received anything from them - if I had something enforceable from them I would begin negotiating payment but I haven't and surely if they really had sent me anything they would have re-sent with this letter just to be sure?

     

    I plan to complain to the FSO but am not sure what to say or if it will do any good.

    Please can anyone advise if I should now do anything else to deal with MBNA as they are adding interest and charges and there seems no way of dealing with this other than agreeing to pay them :(

     

    Sorry this turned out so long :(

  20. What is a CCa?

     

    no i dont have any proof that it was agreed, I wish i hasd contacted the compny well the bank before it got to this.

     

    A CCA is a Consumer Credit Agreement, which proves the debt is legally binding and enforceable. You are entitled to request this at any point and it has to contain certain legal things such as interest rate, payment terms and various other things. MANY are not enforceable as they aren't properly executed and as such they can not force you to pay the debt. Many debt collection agencies, such as DLC, will not have one. But whilst they are looking your account must be put on hold and you don't have to do anything.

     

    More people can tell you more about it and give you template letters if you want to do this. I've done it to quite a few debt collection agencies and it's VERY useful.

     

    By the way if you want the telephone harrassment letter I finally found it HERE

  21. But they have said that i have to pay today or else. im at my wits ends, though i was doing goodby giving them 650quid in a month. and they have actually bought thedebt from bank

     

    I can assure you that very little will happen if you don't pay them today - it really is all hot air as a previous poster said. Although I understand how upsetting and worrying their threats are.

    You've paid them about 2 3rds of the debt in a month which is MASSES and they reckon with a bit of bullying they can threaten the rest out of you - that's all it is.

     

    Have you got the '3 month plan' in writing? Either way - what was the agreed amount? If you have an agreed amount and you can continue with that then just pay that as normal when it's due and ignore them in the meantime. Send the Telephone Harrassment letter again mentioned previously if you keep getting calls from them. I will try and find you a link - but it's in one of the sticky threads at the top of this forum.

     

    Please don't worry. They make it sound clear cut 'pay or we take you to court' but it is FAR from that and for the amount involved it would not be worth their while.

     

    THere are other things you could do to buy time, like requesting proof of the debt etc and if you want to do that then come back and people on here will help you do that.

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