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brokebutnotbeatn

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Everything posted by brokebutnotbeatn

  1. It depends what your objective is. If you ahve sent a valid CCA request then if the agreement is not produced within the timeframe (12 working days) put the account formally in dispute and do not pay anything. Interestingly DCA's appear to be holding firm to the 75% rule lately. If they do produce a valid agreement and it looks as if the account wuld be enforceable in a court then you can think again.
  2. You have already paid back more than the original loan. This will never make it to court. Of course they will shout and scream but tough.
  3. What does her CRA file show and has she been defaulted?
  4. At the end of the day you borrowed money. You spent the money. The right of the creditor to try and collect is absolute - but he may not have his paperwork in order so may not be able to enforce in court. However, he has insurance to cover bad debtors and a right to sell his bad debt on. The new collector has a right to buy that debt and will then try to enforce. Many debts he won't be able to; I suspect most attempts will succeed in getting some money back. How much he paid for your debt or the bulk of your debts is between him and the seller. You don't have a 'right' to know as you relinquished your rights when you defaulted on the agreement.
  5. How old is this debt? Is it pre or post 2007?
  6. CitB is right. There is a good F&F letter on the national debtline website and also in the letter's template here. Unfortunately DCA's can be really difficult to deal with at the moment (as oposed to the original lender).Once you have written with a suitable adapted letter they will want to discuss on the phone, but you should NOT pay anything until they write back to confirm. Some of them will be really difficult about this but you must remain firm. Of your creditors, Barclay card are really good at the moment with this. MBNA / Moorgate are the most difficult. The defaults will drop off after 6 years so you are lucky if they are all defaulted. otherwise the file will be marked as Partially Settled and the account closed and will stay on the record for 6 years. As long as you have used the F&F letter template you should have no problems. But keep everything in writing for future proof. They will want an I&E also to support your offer.
  7. Proof of postage is free over the post office counter if you need to send again; cashing of the cheques is of course evidence in its own right.
  8. Have a look at your CRA files and see what's on there (if anything)
  9. Talk to Santander. They will have several options. All mortgage brokers charge fees. Any independent broker will be able to advise you.
  10. It is statute barred and that's why they've sent you an offer. I would ignore this offer for now.
  11. that's the reaction they look for unfortunately; and it works a lot of the time I'm afraid.
  12. All relevant help has really been given for now. You must formally complain to Rossendales - to their compliance officer - then see what unfolds (if anything) x
  13. "also I need to buy flight tickets for my holidays (south america, so.. expensive). (must go, no discussions )" OK. Now you are taking the Michael. not appreciated.
  14. Its OK; I have it in hand (I think). If successful I will advise in due course.
  15. No, that's the point. They haven't defaulted me...so the account will continue to be reported as AR long after all my other debts have dropped off...
  16. OK, thanks, that's good to know. I am embroiled in a battle with one of my creditors at the moment concerning this issue, as one who is paying, having been placed at a significant disadvantage to one who does not...hope to have it resolved soon but in this game, who knows...
  17. Hi Brigs, does the account stop being reported, even if it in an AR then?
  18. Never talk to them on the phone. She should refuse security questions and say 'everything must be in writing' then hang up. She is pauing wuite a substantial amount so it will be safe to ignore them completely. Now the guys on here will want to know the details of the loan to give more full advice.
  19. The defaults will drop off but the debts will continue to be reported; the debt will not drop off until 6 years after the account is closed. In the current climate you won't get better than a Partially Satisfied but keep the letter of agreement and proof of payment safe as you may need it in future years. You would be best to start a new thread for each of your debts with the history. As for F&F not being accepted, did you use the template letters on here or on the National Debt Helpline to formulate the offer?
  20. I think you would have to discuss with the Halifax first and see what they say. it's virtually impossible to get a new mortgage with even a tiny blip on your credit file so if H won't help then I would stay put until you can get at least 4 (and possibly 6) clean years.
  21. Meanwhile keep paying them what you have told them you can afford to pay.
  22. MBNA sold my debt to Moorgate. All you need to do is point out that they bought the debt with a payment plan in place; that will see them off. Or you write as others have suggested, which given your circumstances I would do. They cannot prove a loan so you should be able to tie them up in a few knots. But it will only buy you some time. Meanwhile I would continue to pay my £1 to MBNA.
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