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hannabarbera

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Everything posted by hannabarbera

  1. Phone up BT, tell them you are receiving unwelcome calls (you don't have to be any more specific than that) and ask then to change your number. They will do it. Ask them to make it ex directory and block outgoing caller ID at the same time. Then don't give your number out to anyone apart from friends and family - just because there is a space on forms etc. for a phone number doesn't mean you have to fill it in and never respond to a question like "can you just verify your number so we can check it against the one we have" if you should phone them either. Problem solved, they then have no option but to write to you.
  2. Check the postmark on the envelope - you may find it is two days after the date on the letter and the issue date. Deliberately deceitful if it is and a try on.
  3. "Claim for...monies due from the defendant under a regulated credit agreement between...and assigned to the claimant. ...has failed to make payment in accordance with the terms of the agreement and a default notice has been served...pursuant to Sect 87(1) of the CCA 1974. The claimant claims the sum of..." Edit I have also just noticed it refers to an "agreement between the defendant and Barclays Bank PLC trading as Barclaycard..." - I have never had a Barclay card in my life!
  4. Received a claim form today from Northampton put in by another in the succession of DCA's wanting payment on one debt. In the process of acknowledging service etc. What are the implications of; 1. Never having been issued with a default notice (although the Particulars of Claim refer to one)? 2. The amount on the claim being different than the amount on all other paperwork. (Not much, just several pounds)?
  5. And if you won't talk to them on the phone the only way they can do that is..... write to you Persevere.
  6. I made payments on this debt (and others) under a DMP for about 3 or 4 years. About 18 months ago I remortgaged my house to get enough money to make sensible F&F offers to all my creditors. During negotiations I made nominal payments only, because of my increased mortgage. Some companies accepted offers, some just ignored me and some continued to insist on full repayment. When I felt that negotiations could go no further, I stopped all payments to focus attention of the remaining creditors. This debt was passed around. Following a CCA request to DCA 1, I received the CCA I posted above and a range of statements, but no Default Notice and no Deed/Notice of assignment. I have received one letter from Egg saying DCA 1 are responsible for collection, but no further communication from either of them since last summer. The current DCA appeared on the scene before Christmas, with usual standard solicitors letters in tow, but the tone is changing. I have had a lot of solicitors letters from various firms in the past and they don't bother me, but I think this one might be about to chance their arm - just got a feeling about it, but I certainly won't lose any sleep over it. So to summarise No payments made since early last year. Refused all F&F offers. DCA 1 demands payment out of the blue. Ask DCA for proof they own the debt. EGG write to say debt with DCA 1 and all communication to be sent to DCA 1. CCA to DCA 1. DCA 1 send CCA above with statements but no Deed/Notice of Assignment or Default Notice. Nothing since DCA 2 demands payment out of the blue. Do not respond to CCA/Assignment/Default request. Various solicitors letters from in house solicitor who seem to be more persistent and are known to proceed to court. Seem to be at an impasse now and if they do issue proceedings, I am looking for the best angle to get them back to a sensible F&F without going to court. Even if they get a CCJ, I&E means nominal payments, no sensible equity for a charging order and anyway I think I would just give the keys back to the Building Society before they got one, although it would not be my preferred route. I have tired of the threats to ruin my credit rating (too late, I've done that myself) and I am tired of the encumberence of a house, which is the only thing left which they can think of threatening me with. I have more than paid back this money over the years and I am not in a position, or have any desire, to pay the figure thay say is remaining which is predominently years of interest on a maxed out card. Because the account was well managed right up to getting into difficulties, I don't think there is much in the way of charges on the account.
  7. What about if I've never received a default notice, despite requesting this with the CCA request?
  8. About to do battle, comments appreciated Thanks
  9. Don't panic - there are a number of steps they need to take before they can get a charging order, they can't just take one of the shelf. DLC like to send out these letters right at the start to frighten people - I had 2 telling me that they were going to get one on my house, then they sent me a 3rd one saying if I didn't pay up they were going to contact the Land Registry to see if I owned a house and get a charging order if I did! They all come out of the threatomatic machine. If you reread the Aplins letter I bet you it says legal proceedings "may" be commenced, which is very different from "will" be commenced - again, intended to frighten you. Only contact them in writing and start with the CCA as advised. When you know what the position is with that, you can get some more advice on here on what to do next. I would hesitate to advise you on your personal situation but it can be a hard secret to keep and you may need to give some thought about how it would be best for your husband to find out about it if he was to.
  10. Sometimes the letters have been delivered but the details haven't been entered on the system. Royal Mail actually says this in their blurb and suggest that you contact the recipient yourself to check whether it has been received - and you pay extra for this service! Doesn't help when you want proof of delivery.
  11. Ignoring the rubbish at the beginning about assignment, it would appear that the general gist of the letter is correct. They don't have a CCA, therefore the debt is unenforcable which doesn't me it doesn't exist, just that they can't make you pay it. They then "request" that you continue to pay it as they cannot demand that you do - trying the moral high ground, which is pretty ripe for this amoral bunch.
  12. Go for it - if you feel strong enough and are prepared to dig in for the long haul.. I had a DMP with Payplan for quite a few years and eventually came to the conclusion that they weren't on my side. I went it alone nearly 15 months ago. I made minimal payments (dropped from nearly £500 to £25 per month distributed pro rata) for 6 months then stopped them all together. I have now settled several debts (with the creditors that were prepared to be sensible) and I am still arguing with a succession of DCA's who must have bought the debts for decreasing amounts - including some who haven't got CCA's and will continue to get nothing until they also get sensible. I am working on the principle that the more times it is sold on the lower the settlement will be - they should have taken my first offer . Be prepared to write a lot of letters (definitely no telephones having changed both home and mobile numbers!) and to become accustomed to letters with dire threats dropping through the letterbox. The latter actually becomes easier because after a while you realise that you have seen all the threats before and all DCA's use the Mark I, II or III threatomatic machine to produce the letters - you even get to know which DCA's use the same machine!
  13. Westcot seemed to give up very easily and sold my debt on to AIC, wonder if they decided to sell a job lot of hopeless cases all at once and cut their losses?
  14. I don't see anything on it that says it applies to you, your account or any sum of money. Could relate to anything. I think it is a try on.
  15. Point out to them that unless they are certain as to your identity then they shouldn't be sending demands for payment to you. Give them the option, they either comply with the S.A.R or they desist from attempting to pursue the debt from you when they are unsure as to whether you are in fact the debtor.
  16. It's a standard scare tactic of theirs, don't panic. They sent that one to me, then weeks later they sent me a letter saying that if I didn't do what they said they were going to check to see if I was a home owner. DCA's often lie in their letters. No big deal if they do know you're a homeowner, anything else is further down the line. A step at a time - CCA them first and take it from there. Ignore any threats until they come up with an enforceable agreement.
  17. That is what they want. They hope it will frighten you into doing them something that you don't have to do. Do not be tempted to ring them, do everything in writing. Send them a CCA request and advise them of the address you want them to reply to, telling them to remove any other contact details as you no longer live there. Just so you know what to expect, the threatomatic machine will probably send you one of these next: Don't be worried by it - note they use "may" not "will" - it is just another worthless bit of paper.
  18. And what the DCA's (and apparently you) don't realise is that the majority of people on here don't care - it is a totally empty threat. I will never borrow money again, so the state of my credit rating doesn't bother me in the slightest.
  19. I'm not doing the S.A.R to get the statements to challenge charges, I am looking for any correspondence, notes or advice that they may have recorded that made them decide the debt wasn't worth chasing, so they sold it on. If I push, what sort of other information /documents must they provide in response to my S.A.R. I've looked at S.A.R advice in general, not just relating to debt collection, and the information that has to be provided seems quite extensive. I've also wondered about sending a S.A.R to some of these solicitors, maybe if they keep electronic records of advice they have given to clients about me, they will have to provide it?
  20. I had one of the heavier DCAs contact me chasing around 10k after I frustrated the hell out of the OC. The DCA then seemed to suddenly go quiet after less than 3 months before they had even got warmed up. Then another DCA starts chasing me. I haven't made a payment for best part of a year after ending a 5 year old DMP to try and force some reasonable F&Fs by playing hardball. Now I did the CCA etc with the first DCA and think it is borderline that this debt is enforcable. Is there any value in sending a S.A.R. to the first DCA and is it likely that there may be any information in what they send me which may show that they decided it was unenforcable too, so sold it on in a hurry?
  21. They sent me a postcard once, so I sent them this one: with this on the back: I think I asked the to bring cake, but they never showed up:)
  22. That was one of my favourites. I think you'll get one of these next (with or without the "Final Notice" added) I like the way they specify a time, you can just imagine them watching the big clock on the wall and wondering if you are going to call.....
  23. Don't get hung up about deadlines, they are setting them to make you think they are in control. Write to them and put whichever address you want them to correspond to on the letter. The post takes as long as it takes and they just have to wait. It is about you taking control and dictating your own pace. Never let them rush you into making decisions or rash promises.
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