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About stestrange69

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  1. ok is there anything else that may cover it as the overdraft would be covered as some kind of credit I would expect but i'm not up on these things like yourself. your totally correct it was classed as AKTIV KAPITAL (UK) a few weeks ago. ive had letters offering £26 off a £260 debt and then £93 off the same debt. so just rings really dodgy like there just trying to get what they can from me. would you advise doing anything like making an f&f sending any letters asking them to prove the debt is owed or just stop paying them. thank you for all your help dx.
  2. thanks dx not sure if I edited the post before you seen it as email came through as I sent it. what would I do for the second part regards the bank being overdrawn. I've got to say after checking the letters sent to me and checking the mistake we think we made that since the cca letters we sent and them not having them we have had no more letters in regards to the ones they cant enforce so that's a bonus.
  3. Hi all again I've just checked through my paperwork and I've got this strange feeling when we sent off the cca letters we have managed to send 2 for the same account. the two credit card debts we have with Cabot we have had no letters about at all since last year when we sent in the cca letter. we have had loads of letters about the loan which looks like we accidently didn't send a letter for. I just want to check do I send the same cca letter if its a loan and is it ok to send that even having the last letter with the threat of court action. can I just check when we had the loan it made a bank account overdrawn which is one of the debts we have but its with someone called the PRA GROUP we keep getting letters offering discounts (dependant on circumstances). as its an overdrawn will the same cca agreement apply or is there another way to deal with this. as from the letters they just seem to be like the others which don't make any threats and offer discounts so would seem that they are unenforceable but I want to make sure before I stop any payments
  4. is it worth me asking for the signed agreement again or just sit back and ignore everything its just my wife is getting worried as she doesn't want to attend court which I wouldn't want to make her do. id be willing to make them a 10% offer as f&f just to get rid for good but i would need a template letter as im not good with that type of thing. I know its against everything you would advise dx but it might be worth it to keep my wife sane so she doesn't worry about it the other debts in my name id let them take me to court as im not bothered either way lol.
  5. are they ok to threaten court action or not as I thought if they didn't have proof they couldn't make threats of court action. has anyone ever had one of these and does anyone know what to expect next after this. will we get anymore letters for court or will they try to take it to court.
  6. Hi dx do you have any advice on the latest letter we have received. please
  7. Hi all I was on here before Christmas asking for help about some debts me and my wife had. they are about 10-12 years old we requested the copy of the original signed credit agreement which cabot could not supply. we used the template letters as per advice guidelines. now since then we have had a letter every week or every other week asking politely for us to mate payment arrangements etc. which from reading and everyone that gave us advice was the norm when they haven't got anything to back it up. randomly we have had another letter today to state they will be forced to take legal action and its currently there intention to instruct a solicitor to issue court proceedings against my wife and seek a county court judgement. can they do this or not as they couldn't produce the original agreement. ive attached a a copy of the main section of the letter without any of the side bits showing any of the account info for security purposes
  8. Hi just a quick question I've had a letter from AKTIV KAPITAL this morning regards a bank account in my wife's name which was a Lloyds tsb account which was overdrawn when we couldn't afford to pay the Lloyds tsb loan. the loan is account was shut in 2004 and the account was opened many years before. its only £267.90 and they have offered me a discount of £93.77 (dependant on circumstances). I wondered will this be the same as the credit card agreement or is there another process to sort this issue out and will aptiv Kapital be able to enforce this or not. do I need to ask for any agreement to see if they can enforce the debt. thanks
  9. is it worth trying to claim the £35 in admin charges and late fee charge. another question is my wife has a loan which we sent at the same time asking for the CCA they signed for 3 letters all on the same day 2 for credit cards 1 for the loan we have heard nothing at all about the loan but have heard back on both the credit cards saying they don't have the CCA what should we do about this account.
  10. Hi I've had today my info from the SAR I sent to the tsb the only charges I can see is an admin charge and a late charge one is £20 and the other is £15. my only other question is the debt company say they cant gain a copy of the original agreement but from the paperwork I received from tsb theres a photocopy of it in there which is the original application and agreement with my signature on and also has no ticked on the ppi option. does this mean theres a good chance the dca could come up with the cca or is that something different they have sent me. sorry forgot to say this is in regards to the £805.20 credit card
  11. Can I just check is f&f the same as full and final or have I been getting this wrong as I thought it was just abbreviated to f&f.
  12. what happens say in 3 years if the law changes about the agreement and they can use a recon. wouldn't I then be in the dirt because they can enforce it and then take me for everything? surely this has got to be thought of if your thinking of doing the long journey of 6 years for the statue barred? I don't understand why others make full and final offers and that's the end to the matter why is it called a full and final if they can sell the rest of the debt on. surely the full and final means what it says and the debt has say 10% of it paid and the other 90% is wiped and it shows as settled on your credit history if its under 6 years old or if its like myself and over 6 years then it wont affect my credit rating and it will be good bye to old debts. if im wrong could you send me a link to read up on it or something as that's my understanding of the f&f offer that it will end the matter not that it will just be sold on for me to go through the same issues again with a another dca.
  13. surely if I make a f&f offer they cant sell on the debt as its been settled as full and final is that not the case? the whole funding them to do it to everyone else thing I understand but this isn't my reason behind making the f&f. we just want to be debt free and by ignoring it isn't going to make me or my wife sleep better at night. by making an f&f and loosing say £1000 and to know there's no problem anymore will make us sleep better at night. I think of it that if the rules and laws have changed and these things are now in action due to the changes in law and such like what's saying there isn't going to be a change in the law over the next 6 years that will enable them to enforce the debt. I've seen other peoples issues where the law has changed and they only have to supply a copy of the original agreement without a signature so if this happens I am in worse position than I am now it would be easier for me while I am in a position of power with them not having the CCA to clear the matter up and have an end to it without it biting me in the bum several months/years later. i would need a template letter to help make the f&f offer and to state the facts about not having the cca and that the payment would be an end to the debts. also do i send the f&f to the dca or the TSB as i don't know who owns the debt as im not sure how you find out who owns it.
  14. I've been reading a lot over several sites and I found something on a another debt related site that says they contacted someone from Experian who said in our situation if we was to make a f&f offer that it wouldn't be able to be recorded on our credit file as it has already fell of the credit file so it cannot be resurrected. is this correct? as me and my wife are thinking we would make an offer on all the accounts of 10% as f&f so we don't have them hanging over our heads no more. I understand the not paying anymore money and it will just eventually go statue barred but we wouldn't want it hanging over our heads and having the letters and calls etc for the next 6 years if we can use about £1000 to clear all the debts it would be a great weight off our shoulders as we are much better at controlling our incomings and outgoings now.
  15. so with regards to a f&f who would I make this too dx? I understand your point of view regards don't pay but I would rather offer something and have rid of the thing than not paying anything and have another 6 years of mucking around or even giving them chance to produce a cca or even for the laws to change and they bring something new in that allows them to make it enforceable.
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