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Ron 2015

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  1. Yes Brigadier a good result , even though as Paul correctly states that is has not actually been written off. I would be very suprised if I heard from the Co Op or Lowells again , so for me its as good as being written off.
  2. Thanks for all the help. I have just received a final letter from my good friend Samantha Barnard at Lowell. As the Co Op cant find the agreement , Lowell are closing my account until such time as they find the agreement. So I think I have won , ( five figure debt ) . Thank you CAG , Co Op , Lowell and Samantha Barnard. I shall follow their advice on step 1 on the letter and DO NOTHING AT ALL. Cheers Ron
  3. Hi DX I took the card out in 2002. I think its the CCA. Its a very poor copy. I know they can reconstitute , but what if they reconstitute it wrongly! What if I compare the reconstituted one with the legible parts of the copy of the original and there are major differences! Lots of egg ( pun )on their face if this where to happen. Better to get some money from Lowell who don't care .
  4. Will do. It will be interesting if Lowells/ Co OP provide a differently worded cca than the one I have ( mostly illegible but I can read parts of it with a magnifying glass )
  5. Yes the co op have added fees post termination. And its this figure that Lowells are persuing now. To make it clear using fictional figures. Co Op deafault me showing £15,211 30 days later Co op Terminate showing £15,311 two letters from Co Op in 08/2009 showing £15,533 Statement from co op in 08/2009 showing £15,636 ( with two £12 defaults )! Its this last figure that Lowells are quoting and I am thinking it may be wrong as I do not think you can add default sums post termination . but I may be wrong.
  6. Thanks Citizen and Brigadier. The amount is over 10k. I have had an SD set aside before , the other side did not even attend! I don't know why the courts allow them to use an SD when the county court would be the correct avenue.
  7. [ATTACH=CONFIG]40790[/ATTACH] Deafault notice , termination notice and a statement ! The staement is dated Aug 2009 , sometime after Termination and has a larger figure than termination notice. It includes two £12 deafault charges that form the amount now claimed by lowells. Can they charge deafult sums after termination ?
  8. Hello all, Its been quiet for me the last two years , it all went wrong in early 2009. By the end of 2011 most of my debts were settled and its been very quiet since. I was defaulted on a Co Op cc at the end of May 2009 and then a termination notice at the end of June 2009( they gave enough time I think). However the amounts differ by over £200 on each notice. Q1. Do the amounts quoted on deafault and termination notices need to be the same? Also I have a copy of the CCA that they sent me back in 2009 and in its not legible. Its a very poor photo copy ( micro fiche ? ) and parts are missing where the copier has incorrectly scanned. Some parts can be read with a magnifying glass but some parts are not legible. Q2. Will they be sucessful in obtaining a CCJ against me if they have only provided an illegible CCA? In the recent letter from Lowell they say they have purchased the debt from Co Op , But the Co Op letter says that it has been assigned ( both letters in the same envelope. I will wait until Lowell do something before I take any action , but I wanted to know the answer to the above two questions. I half expect Lowell to try a SD which I should be able to set aside. But as I am not upto date is an illegible CCA and differeing amounts on the default and termination notices enough to protect me in court? Incedentally the amount being claimed now is significantly different from both the termination and deafault notices , is this relevant? Also , I had a heart attack last October and I had Angioplasty ( not looking for sympathy ) can I use this to any advantage. This debt will go statute barred in Feb 2015. Thanks
  9. Hi They are not allowed to contact your employer , they could only get money from your employer by way of an attachment of earnings. They would have to get a CCJ registered against you first and then try for an attachment of earnings. It depends what work you do and wether its easy to get another job or not. I would suggest that if its easy to get another job for the same money then change employer at the same time as you move into a rented place. So with a new pay as you go mobile , an internet bank account registered to your old address with no postal statements, not registered on the electoral role, registered for gas and electric under one of your parents names or a pets name. I really cant see how they would find you. I dont know anyone who has done this , but remember its unsecured debt we are talking about here , if they ( the credit community ) were stupid enough to push unaffordable amounts of credit on vulnerable people then they should expect a large number of defaults. The other thing to consider is what if they take you to court and get a ccj registered against you. You cant pay , so the court asks for an income and expenditure form to be completed. If you are like me this does not leave a lot after all your bills are paid. The court will order you to pay an affordable amount each month , a lot of times this is £1 per month. So if you had to pay one pound per month for each debt that would not be to bad! You really need to read lots of threads on CAG and work out for yourself what to do , remember there are always people in a lot worse position than you. If you are getting to many phone calls get a machine called true call , I got one and its great , you can block all the dca's phone calls. All the above assumes that you do not own a property , if you do and they know about it they may try and get a charging order after they get a ccj. As you can see from my signature the F&F's negotiated vary wildly , with the higher percentages they had good copies of valid agreements , so the chances were they would win in court. with the lower percentages their paper work was not so good , but still no Gtee I would win in court. I have 4 creditors left and have not heard anything from them this year , no letters nothing. Three of them have given no response to my CCA request in 2009 and the other provided an unreadable one. So if they put a claim into Northampton any settlement will be very low. So read a lot and then make your own informed decision once you have the knowledge to do so. Cheers Ron 2015
  10. Hi I had problems with AIC. So I complained to the OC ( tsb ) Sure enough a good settlement letter arrived a few weeks later. A third party paid and all quiet since. I believe AIC are vague so they can ask for more money once you think you have settled. Good luck Ron 2015
  11. Hi I only settled when forced. I do not want a CCJ. I looked at the CCA each company sent me and when they started taking me to court I decided to try and settle. A few are easy and some play very hard ball. I am not qualified to advise you wether you should try and settle or not , if you decide to always make sure to tell the creditor that it is not you money, but your parents. Always get written confirmation from the creditor that they agree the amount and that they will write off any further balance and not persue it in the future. Also write on the back of the cheque that the cheque represents full and final payment and the creditor accepts this and agrees not persue the debt in the future , otherwise please return the cheque uncashed. One thought is that if you are going to live in rented accomodation why repay any debt at all ? You probably have defaults ect and would not get any credit from anyone anyway , so why pay anything? I would get a pay as you mobile phone , a new simple bank account with online access and would not register for anything for 6 years I cant see how anyone would find you , and once six years has passed you file will be clear. I only settled because I was forced and I did not feel that I could win a court ( its seems like a lottery to me , I have read a lot about this subject and since Waksman not many people are winning ) Anyway food for thought. Cheers Ron 2015 ps . it can be very difficult to get rental accomodation when you have poor credit , most letting agents want an Experian report ! You may have to offer 6 months or a years rent in advance to tempt a landlord , tell them you just got back from Timbuktoo and dont have a UK address.
  12. Hi When I had the same problem I wrote to the DCA and told them that unless they confirmed the full and final in writing then my relative would not pay , send it recorded. They eventually sent a letter of confirmation , my relative paid , and that was the end of that. I think they just try and get people to pay any amount and then chase them for the balance , hence the need for written confirmation from the DCA
  13. Hi All I have agreed a few Full and final settlements with creditors , see my signature for details. The whole settlement process is a bit hit and miss. At one extreme I dealt with a firm called AIC who were a nightmare. At the other end of the scales I dealt with a very nice , polite young lady at a DCA who told me instantly what they would accept. I then offered about 10% less and she asked her manager and it was agreed. Very easy and straight forward (She was a new employee). Hope this info helps
  14. Hi Creedy Maroon is correct. You must always use a third party cheque. There is case law that when someone else pays the amount they form a contract with the creditor once the cheque is cashed. If the creditor then continued to persue the debt they would be acting fraudulenty towards the third party. To be sure on a F&F always get a letter from the creditor on their headed paper stating the terms of settlement . You can then prove they knew they were settling and have a third party pay the amount. I always write on the back of the cheque aswell. A statement of something like 'Please return the cheque uncashed within seven days if you do not agree with the above terms'. AIC actually know about F&F. They will try and make you pay quickly by card. They may give you a very short time to pay. They gave me one day ! But once you agree a figure make sure you get it in writing and follow the advice above. There are some good threads on cag on F&F have a look around. Ron
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