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brokebutnotbeatn

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Everything posted by brokebutnotbeatn

  1. good. note barcays left hand doesn't know what the right hand is doing. you will most likely get a letter demanding payment of the rest so you will need your written F&F to send to them - shocked and distressed as you will be.
  2. Write to your creditors and explain the situation. The National Debtline has a good editable letter. Explain your circumstances have not changed but on the birth of your child you disposable income is to be significantly reduced so your parents have raised £x to enable you to offer a F&F . All creditors who have passed your debt on, even to in-house collectors - will accept 75% of a debt without much argument. Most 70% with some argument. All will want you to ring them once you have written your F&F letter and you won't close it out without doing so. But keep the letter in front of you. Stick to those arguments. All will ask for an I&E so you will need to point out they already have one - handy to know when this was last sent to them btw. Who are your creditors?
  3. Partial settle with a F&F - providing its in writing - shouldn't come back and bite you. It may unless you have the F&F in writing of course.
  4. Not if the account is pre 2007; if it is then the original still needs to be produced in court. A recon only satisfies a S77/78 request.
  5. They are computer generated and assume you won't respond.
  6. Sorry. They have not proved a claim so I would send them a letter saying that no proof of a claim has been received. I would Google appropriate wording check the timelines etc. if the house has been on the market for over a year it sounds as if they are out of time anyway? Its none of their business who the estate agent is and what the state of the sale is. They would have to get a court order to prevent the sale and to so so they would have to proof a claim that they have failed to do. As oprevous said the fact that someone is 'frightened' into paying does not mean that the debt is theirs.
  7. NO but it will show up at the land registry.
  8. Thanks, there was was great stickie on quoting CPUTR to ascertain whether or not a creditor held a copy of the original agreement that they would have to product in court when faced with a recon supplied for a CCA s78 request but for a pre 2007 account...
  9. I wouldn't send them a CCA request. They are obliged to make a lawful, substantiated claim within a certain time period. If they don't it's tough.
  10. Hi, there used to be a really good sticky on this. Anyone got a link or know where I can find it? The 'search' function on the site is not working!
  11. Indeed. I would get your friend to sign a letter of authorisation but using a different signature...how will they know. Then if it every turns up on an agreement you could have a field day!
  12. Ah I see, sorry - 2009. I would continue to pay the £50 then and try again in a year or so or after it has been sold on. Barcalys are now more reasonable to negotiate with than the DCA's in my experience. Make sure the interst remains frozen and try again another time.
  13. Hi Sam, you shouldn't complain unless they knew you were acting for her AND you have sent them a signed (by her) notice of authorisation. Only then if they refuse to deal with you do you have real cause to complain (IMHO).
  14. I know it is hard but your sister is NOT a priority debt as you are under moral, but no legal obligation. Your hole will get deeper if you do not pay your mortgage. You need to pay your mortgage and agree a payment plan for your tax. Hopefully you will find tenants too. However, you can move back into the house whilst you discuss your options (sale) with the mortgage company - but you must then arrange council tax. Stick with the National and Business Debt line as they are well placed to give you sound advice however scarey it is to hear. Take one day at a time but make sure you achieve at least 1 key objective a day - whether that is to chase the letting agent's, write a letter, talk with your sis about the issues and what you are doing...goals are important to get through this particularly with an adiction such as yours so they need to be attainable. Also I assume you are getting help from your GP and local support groups? GL.
  15. No. they have to prove it. No proof, no claim. They cannot prove anything. They have as Boo says conned your m-i-l out of money for years without any proof the debt was ever hers. They would need to provide an enforceable CCA and statements to show how they have arrived at the amount they claim is owed by her. A letter to advise that their claim is rejected on the basis that no proof of the alleged debt has been provided that would withstand legal scrutiny in a court of law. I believe there is a time period in which a claim against an estate has to be made?
  16. who are the executors of the estate? Cabot would have to prove a debt and I doubt they can. Ignore them perhaps as they cannot do anything without proof and they have already admitted they have none.
  17. You have your pictures and the Letting Agent's report. He will have to prove his case which I would suggest he can't. You will have your day in court. Just make sure you get your papers in order and research previous cases you can refer to. Put stickies in the relevant rulings so you can turn to the pages easily. I didn't think the LL could refuse DPS arbitration? Also you will ahve been inspected at least once by the letting agents. Do you have a note as to when this was?
  18. Not that I know much about this but is some form of Formal Complaint to MBNA in order to their compliance officer. They would have to respond re their sale of the debt when they had accepted your repayments particularly in light of the fair banking code of practice?
  19. Write a Formal Complaint to the CRA company and demand they remove the inaccurate data. Brigs will be along I'm sure though with his suggestions.
  20. So what 'proof' is there or could there be that you resided there for a 3 month period? Did you sign a tenancy agreement? Were you on the electoral register? What is your CRA file showing as linked addresses? I would say you have sent them the prove it letter and you are right, it is for them to prove it not for you to. Unfortunately the fact that you wrote at all will put on on a list so you'll probably be harrassed for a while anyway.
  21. BT are the biggest bunch of disorganised people I have ever encountered. I suggest he write a formal complaint to BT clearly outlining his position and detailling what he has done to try and resolve it. I suggest he copies this complaint to Ofcom. This tends to get results at the BT end; it's the only thing that seems to.
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