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studentatou

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  1. Thanks again for your help Goldlady. I honestly think I am truely stuffed with this one, still had no more letters from Link or Asset although I don't usually receive my post till lunchtime. In the meantime I have contacted the court that dealt with my divorce asking for a copy of the paperwork my exhusband signed to say he would pay any joint loans - all I can do at the mo is keep my fingers crossed that this will work
  2. The only good thing that has come out of this so far is the fact I have lost half a stone on weight!!! Can anybody help? Can anyone answer the question about the 'total cost for credit' being shown on the loan agreement?
  3. Wouldn't it be better to find out if they legally own this alledged debt rather than having court costs added to it aswell. They have already sent me a copy agreement for a different loan. The only query I have on this is they didn't supply a notice of assignment, the default was exactly 14 days - no time given for when it was in the post and the statement is on their paper not the original creditor
  4. How I would love to stuff 'em at the mo. They have infuriated me enough at the moment with another alledged debt. How I wish their licence won't be renewed! Prb best route is to CCA first then at least I know where I stand. I know they did wrong in the first place where they ignored the letter from a council budget advice centre (after reading OFT guidelines but its prob to late to deal with that side of things) but I would rather do things proparly
  5. This is with Link! The were horrible right from the start. I original went to the council budget advice with this who wrote to them with my I & E offering £1.00/month and asked the dca to write back to them. Link ignored them and continue to harass me on the phone which is when I agreed to pay them. This was of course before I found this site. There is no total amount owing on this letter and I have never received a statement since I started paying. I have never acknowledged this debt in writing. I am fuming!!!!
  6. I have been paying a certain dca for two years by standing order and to date have not failed. Today I have received a letter from them saying that I am behind on my payment and have 7 days to avoid further action. I checked my bank account and they were paid on the 2nd Jan - this letter is dated 5th Jan! The nerve!!!
  7. You need to count 12+2 days for them to reply to the cca request. It is up to you if you want to send a default letter - some people suggest this may jimmy them up a bit to look for the original agreement. Did you send the cca request by recorded delivery or get proof of posting? Personally I would just send the telephone harrassment letter
  8. It depends on your situation. If you were not paying when you ex first went on benefit then yes this would be cut. If you were paying from the start then her benefit will be cut. Unfortunately for late starters so to speak they look at it that they were owed the money too. The system is never fair
  9. It can be both. My benefits are cut due to what I receive in child maintenance. You will be told that the benefits are reduced depending on what is received in child maintenance. When my sister finally starting receiving child maintenance herself this was reduced because of what she had received in benefit before. if you can follow that.
  10. Yes that is what happended to my sister. I am on benefit myself so all I do is keep a record in a small notebook as to what he gives me and when. This way when he doesn't pay the full amount on time I know when he has fully paid up or to keep haggling him.
  11. Not sure about this but should the loan agreement not show the total amount charged for the credit? Which in this case would be £12699.69 for a loan of £4395..... Scandalous. This has just sunk in - how much???????
  12. Thanks for checking this for me Goldlady. So far I have not written to them since receiving this (don't know if I am being stupid or not, I did actually run out of envelopes and have only just got round to buying some), however I have as yet not received anything else from them. I did wonder at the fact the chase letters come from Link Financial and the cca came from Asset Link so maybe they haven't caught up with each other. On the other hand I may well receive something soon - yikes! I have since been in touch with my solicitors regarding the copy affidavit where my ex husband wrote that he would pay any outstanding joint debts. I was told by them that although this is a legal document 'it is difficult to say whether you would have success in relying on what your ex husband has stated in a previous Affidavit. Even where there is a sealed Consent order setting out that he has agreed to take on responsibility for the joint debts, it may be that a debt collection agency would want that Order to be enforced through the Courts to force your ex husband to cover the debts. All the debt collection agency are concerned about is getting hold of the money they feel is due to them. There is nothing forcing the debt collection agency to simply follow what has been stated by your ex husband in an Affidavit he swore several years ago within the divorce proceedings. Therefore, it may be difficult for you to rely on what he has stated in the sworn Affidavit although it may be better than nothing.' So I am now in the process of obtaining a copy from the courts - its cheaper than getting one from the solicitors. I am hoping this will by me time for now and if the dca does write to me I will just ask for more time as I am in 'consultation with my solicitors'. Well you never know
  13. Hi Floralaura I was in your shoes just before christmas - I cried for three days solid because a dca had 'caught' up with me on an old debt my ex husband had originally agreed to pay which is £9k. Once you send the letter either do the 'M' or the 'N' letter on the template section. M letter is to tell them you do not recognise the debt and for them to prove its you and the N letter is a request for the original credit agreement (you need to send a £1 postal order with this). You need to send them recorded delivery or ask the post office for proof of posting (which is free), do not sign it and make sure you keep a copy for your own records - whichever letter you send. Once this is done sit back and enjoy your time with your partner and son. It wont be over but it will give you time to compose yourself a bit more. I have had to deal with this all by myself with two children to support and I know I have along way to go still but everyday is different. Some days I feel I can cope and yet others I can't. Make sure on your up days you make the most of it
  14. to us before (A Date more than 14 days as required by the reg’s). The copy default I received was exactly 14 days from date of issue to date payment required. I was not even given extra dates for time for postage!
  15. Hi I am in the same boat as you. I am still waiting the credit agreement too. So far all I have received is just the fob off letters saying they are still trying to locate. I would still ignore the last letter - they would have received you account in dispute letter by now. They cannot do any more with regards to your account until they produce the original credit agreement. Make yourself a cup of tea and try to put it at the back of your mind
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