Bonjour all, Looking for some advice with settlement figures... I've come into some money - £10,000.. Although I'd love to book a holiday I need to get a few monkeys off my back - I've got 6 debts totalling £22,400 My first thought, predictably, was simply to offer all 6 pro rata amounts (which would be about 45% of what I owe each of them). But is that wise? Debts are a mixture of OC with agreed payment plan, DCA with agreed payment plan, DCA agreed nothing. So, second thought was to offer the agreed payment plans more (because, by paying an agreed amount, I've effectively acknowledged the debt and they would be less likely to accept 45%). And those that I've agreed nothing with, I'm inclined to offer less, because perhaps they would be more prepared to accept something, rather than the nothing I've been paying them. Perhaps I should start low, concentrating on the 'agreed nothing' creditors first, before tackling the agreed plan creditors?? Dunno. Not sure how to aproach it. What say you?

Thanks P1 and BF, Although it makes no difference to the currrent position with the account, I have just thought of a reason why Cap1 might have wanted to to offload the debt.... I was made redundant in October - phoned Cap1 to tell them that although I would do my utmost to keep to the arrangement, there was obviously the potential for a problem unless I got back into work pronto. The guy I spoke to said it was sensible to let them know, rather than wait until I had a problem paying. He said that they would consider a lower monthly payment and would send out an income and expenditure form. Told him I would fill the form in if it became necessary, until then I would continue the £20pm payment. A couple of days later I got the form. Quite possibly an 'account manager' reviewed my account and thought that I represented a greater risk than previously, hence the sale to Capquest? The point is though (isn't it?) that I paid up in November and again in December.. it's not as though I completed the I&E form suggesting a reduction to £1pm. Doesn't this episode help my cause somewhat (morally at least, in the event of a legal action)?.... I pay what was agreed, and I do so for over 3 years. I advise of a change in circumstances, not to request a reduction in payment, but simply to advise that a problem could crop up, since when, I pay up as before. Then, for reasons of expediency, my debt is sold to a DCA. Is that fair your honour?

Many thanks for your comments BF, but as for your question: No, I don't think I do, it was all agreed over the phone a long while ago. What I can show (via bank statements), is a 3+ years run of me keeping to my side of the bargain and them happily accepting the money. The only dissent they have shown was a letter several months ago regarding a missed payment, I called them regarding this and the problem was resolved (the payment wasn't missed but simply a week late due to a change of bank accounts, in fact they had received the payment by the time I had got their letter).

Cheers DX, I like your style. I have never taken ppi on any loan or credit card, always saw it as rip-off. So my potential for reclaim is minimal sadly. I also operated all my accounts like a good boy until 2007, so even late payment charges wouldn't figure hugely (perhaps half a dozen from 1999-2007).

Question posed, bit of banter, advice given. All in the space of an hour. What a great site this is

Tempted to use that quote in any revised offer letter I might send... Many thanks Brig & Boo, Advice taken, and appreciated.

The £20 is a repeating transfer payment (set up through online banking). Guess it's more akin to a SO than a DD.

Hi 'This correspondence is to inform you that your Capital One account has been referred to CapQuest Debt recovery Limited to manage your account in all matters relating to collection..' Plus the usual threats of doorstep visits, litigation, HL Legal etc. Although, in a friendly and understanding way, the letter does finish with the words "Let's work on this together". They sound like really nice guys

Hi All, I know many of you have had bad experiences with Capital One, but of all my 'friends' in the debt industry, they've been the ones I have found most reasonable, until now.. I'll keep it brief - any advice would be most welcome.. Mid 2008 - Default with Capital One £1700. Agreed a payment plan of £20pm, default was still issued but account retained by OC Paid for over 3 years (40 consecutive payments), balance now £900. Today, letter from Capquest, basically saying "We're in charge now, show us the money". Why offload the account to a DCA now, after all this time? Why no warning? Why no letter of assignment? I suppose I could contact Capquest and simply reinstate the £20pm arrangement, but I'm not sure. What do you lot think?

Thanks guys. For the information to have been laid within 6 months, it would have to have been done by yesterday. If that's the case, presumably I'll know about it within a week or so?

Hi Everyone, Any thoughts on this one? Speeding offence 36 in a 30. Felt a little agrieved as it was 1:15 in the morning, going through a village on a dead-straight A road. Not another car or pedestrian anywhere, road conditions were good etc. Didn't argue it or try to deny it though, as I WAS speeding. Opted for a driver awareness course, couldn't get time from work to do it, tried again, same happened. Told them I would take the £60 / 3 points option instead, haven't paid that yet. I haven't tried to avoid taking the rap for this, I just haven't had the money over the last couple of months. Anyway, now been told that the case is to be referred back for prosecution. The offence was 14 November 2009 i.e. just over 6 months ago. Can I still be summonsed? Thought this had to happen within 6 months. :-?

Anyone know where I should go now :?:

Evening All, Long time no post Can someone please clarify...... Costs claim letter sent to court November '08. No response, phoned court. "Sorry, we never received, your letter" Faxed copy letter to court January '09. No response, phoned court. "We got your letter but we can't deal with it, there aren't any judges here or anything like that, we're just a court office. If you want to claim costs you need to go to your local small claims court." :?:

Hi No joy re. costs claim. Chased the Court mid-December and I was told that they had 'a bit of a backlog'. Chased again last week and I was told that they had never received my letter! Faxed them a copy which they said they would prioritise.

Hi All I closed my Vodafone account and received a final bill far in excess of what was expected. Asked Vodafone to itemise the debt, heard nothing, until ... Couple of threatening letters from Moorcroft. I phoned them (yeah, yeah I know ) to say I would pay them precisely nothing as I dispute the amount claimed. Nothing for a couple of months, but yesterday received a transcash payment book together with the following message: We confirm that we are prepared to accept your offer to pay a minimum payment of £xx.xx per month to discharge this debt. This arrangement will be subject to periodic review at our discretion and may be terminated at any time by us. Should you fail to keep to this agreement you will leave us with no alternative but to commence legal proceedings against you without further notice. Cheeky sods Any ideas of how to respond?

Afternoon It's been well over 21 days since claim sent to court. Not a dicky-bird from court or claimant

Gracias CB Can anyone oblige with my other queries ?

Costs claim letter ready to go Can anyone just advise on the following? 1. Letter goes to 'The Court Manager' who then forwards to claimant? 2. Do I sign letter? Coz I guess Claimant sees it. 3. Why might court allow claim to be resurrected? 4. And lastly, not important, just interested to know: Is the litigant in person rate (£9.25ph) set out somewhere, like in the CPR? I'll keep you y'all posted

Evening Thanks all for your good wishes. Looks like I can now divert my attentions to Link for the time being... Right then, I'll send a costs claim letter and with any luck I'll be able to fund a good day out with the kids and bung a few quid CAGwards As ever, many thanks to Andy - I'll be tweaking your suggested letter because I didn't complete an AQ but, on the other hand, with no access to the internet to carry out research, it's amazing how much bus fares to the library add up and boy, am.. I.. a... s l o w... r e a d e r ! Obviously I'm delighted with this latest turn of events, but I do understand that it isn't necessarily the end, it could all start up again if an over-zealous office junior decides to take a look in that dusty old filing cabinet (Don't do it OJ ) Stoopid question, but who should I send costs claim letter to? OC's legal department or another department, or to the court?

Oh! In that case I won't risk a in case they uncover a cca. Haven't got a scooby doo about costs. Andy, if you could conjour something up..... CAG can have half of it. And that's a promise.

Evening All Been expecting AQ for some time and letter duly arrived from Sainsburys today Except it wasn't an AQ, but a copy of a discontinuance notice which Sainsburys had sent to the court (Northampton Bulk). Any ideas what I should expect next? I guess the whole process will start over at my local court? Still not had a complete CCA response though....

Can any of you beautiful people answer this question?

I found one too, Hurrah Mine says I should meet at the factory gates at 10am and wait for Willy Wonka to show up! By the way, and this bit's serious: Does the 12 day rule still apply? I read on here somewhere that it doesn't.... (I mean 12 days for the OC / DCA to supply CCA before dispute arises) First person to answer gets a bottle of Double-bubble-burp-a-cola.

Hi Goldlady, Having re-read this thread, think the answer may have been there all along ?? See post no. 10 by 42man - I might just wang this letter off to them. Thoughts?

Sorry mate, AQ?