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Everything posted by HampshireDad

  1. Thanks, I understand it a bit better now. Having the account settled isn't just about my credit score. I've given up work to care for my daughter and I will return to work when my situation changes. If, as you've pointed out, it doesn't mean the debt is not still owed, can they take a more aggressive stance once I'm earning more money? My main goal was being debt free once I returned to work.
  2. This is why I was asking the question. Last time I posted on the other thread for another creditor I pointed out that Link marked the debt as partially settled despite me offering fully settled. After the funds had been transferred etc Andyorch posted saying he could have given me info to send that would have made it watertight and get it marked fully settled. I'm no expert which is why I'm here asking people who know a lot more than me. If it can't be done then it can't be done. I do have another question. I'm currently paying £1 towards the debt and it's been 3 years since I defaulted on it. If I continue to pay £1 once 6 years have past are you saying the debt vanishes from my file? If this is the case then you're right, I'm effectively throwing my money away when I could simply wait another 3 years and it would be wiped anyway. 3 years. This may tie in with my post above Sorry to add as I've just noticed the link info which is flagged to me mentioning 6 years (statute barred) in my post. The info states: 'In principle, a debt cannot be enforced after 6 years from the date upon which it became due. The 6 years runs from the 'Cause of Action' and the Terms and Conditions of the contract/agreement will have a bearing on this. Once a debt has lapsed, it cannot be revived - even through a subsequent acknowledgement or payment.' However I also found this just before noticing the above: 'Low payments aren’t going to make much of a dent in your debt, even if interest and charges are frozen. There are positive reasons in favour of token payments – once they are agreed with your creditors, they will probably reduce the hassle you get considerably and they will make it less likely that you will get a CCJ – but they aren’t going to make much of a difference to your credit record. And of course making token payments means that your debt will never become statute barred.' As you can see it's confusing matters somewhat.
  3. Yes it is. It defaulted and I then agreed to make weekly payments of £1. I used Noddle, as recommended on here prior to settling the other creditor. That was also partial however once Noddle had been updated the debt was showing as zero and settled. I'm not sure if another more in-depth report would show up more info. I notice when they say they'll accept partial they always include text stating that it'll be marked on your file as such and that it could affect lenders decisions if trying to obtain credit etc.
  4. Andyorch mentioned being able to make it watertight that they'd mark it as settled on this thread re another debt http://www.consumeractiongroup.co.uk/forum/showthread.php?458015-IDR-Link-claimform-old-Barclaycard-Debt&p=4902604#post4902604 Unlike Link, this creditor (1st Credit) were willing to listen to my circumstances and accept an offer less than 10% of the outstanding debt. Truth is I'm more than happy to pay this amount however based on what Andyorch said I thought I would ask the question. Sorry forgot to mention that they have emailed stating in accepting the settlement they nor any other third party will pursue the remainder of the debt.
  5. Hi, Due to some of the fantastic help on here I've managed to come to a settlement with a creditor who'd taken over the above debt. I'd asked that they accept the settlement as full and final thus marking the debt as such however they've stated it would be marked partial but that neither them nor any other third party would pursue me for the remainder. Is anyone aware of anything I might be able to request or put forward to them in order to have the debt marked settled in full etc. Thanks in advance.
  6. Hi Andyorch, I've got my only other creditor willing to accept a settlement however they're saying it would be marked as partial but that they nor no other third party will pursue me. If there's a way to get them to mark it as fully settled that would be great.? If it's best for me to start another thread guys, please let me know?
  7. They have no choice but to remove the CCJ as it was paid within the 30 days. I'd read that debts on your credit file marked partially settled could still go against you hence why i made the offer as full and final settlement? I also emailed them the complaint form and received a response this afternoon stating that their solicitors had called the court requesting that the correct date be applied and the CCJ removed from the register. They didn't mention the complaint re the debt showing as partial/fully settled on my file.
  8. Spoke to Citizen Advice who weren't much help at all. Spoke to Money Advice Service who were helpful. They've informed me to raise a complaint with Link asking them to contact the court with the correct date plus contact credit reference agencies stating they need to now mark it as full and final settlement. If they fail to act on either then I can take it to the Financial Ombudsmen.
  9. Called the court and they've confirmed it as settled however they were informed it was paid on 9th May not 3rd. Told them I have an email from Link confirming it was received on 3rd however the court stated Link need to inform them otherwise the CCJ will remain on for 6 years. To say I'm disgusted is an understatement.
  10. I'm in the dark at the moment to be honest. After making the payment I asked them to confirm it had been received which they did stating they'd informed the courts it had been settled on 3rd (within 30 days) and had informed credit agencies it had been partially settled. I responded stating that I put the offer to them as full and final and that they said £1500 would be accepted as settlement. I pointed out that had they stated this was partial then I would have queried it and they didn't. I asked that they confirm they had indeed marked it as full settled and also to confirm that the CCJ was removed as payment was within the 30 day period as set out by the courts. Needless to say Link haven't responded confirming. I've tried calling countless times however I'm constantly told the dept I need to speak with it busy. I've looked on Noddle however it's not yet been updated and states it'll be 19 days before my details are updated. I'm going to call the courts again this morning as they informed me to call back today however all they'll confirm is whether the CCJ has been removed from the register. Apologies if I'm repeating stuff already mentioned.
  11. They registered the CCJ however the settlement was made within the 30 day period and I was led to believe this would mean the CCJ wouldn't show against me. They stated that they'd informed the courts settlement had been received. I called the court however they said they hadn't yet caught up with correspondence for the date in question and I should call back next week. They did state that if they're contacted being informed they've agreed a settlement that they remove the CCJ from the records so fingers crossed. I contacted Link again stating that I made payment clearly stating that it was as full and final and that they hadn't indicated this wouldn't be accepted as such. I appreciate the wording could be seen as ambiguous on their part however the comment relating to 'short' settlement was in relation to the £800 rejected offer and not in the case of the £1500 which again I re-iterated was full and final prior to making. dx100uk - Thanks I'll have a look at that and get it sent off.
  12. I didn't and totally messed things up. Had a lot going on this end with my daughter. Ultimately a CCJ was taken out against me and because of what was going on my mum said she would pay the debt. I was naive and forwarded Link my daughters doctors letter confirming her condition etc in order to highlight my circumstances and show that simply wasn't trying to get out of paying. I then made an offer to Link for full and final settlement which was rejected with them saying 'the short offer of £800' was rejected however that they would be willing to accept '£1500.00 as settlement'. The funds were transferred however I've now spent the last few weeks trying to get confirmation from Link that the account is fully settled. I previously worked in finance and having a CCJ applied against me would/could hugely impact me getting my career back on track once I'm no longer caring for my daughter. This morning Link finally responded simply saying the account had been partially settled! With everything going on with my daughter and now this. Without a doubt the lowest I've felt in a long, long time.
  13. Name of the Claimant ? IDR Finance UK II Limited Date of issue – 11th March 2016 What is the claim for – 1. - The claimant claims the whole of the outstanding balance due and payable under an agreement referenced x and opened effective from 12/09/2006. The agreement is regulated by the consumer credit act 1974, was signed by the defendant and from which the credit was extended to the defendant. 2.The defendant failed to make payment as required and by 26/06/14 a default was recorded. As at 16/06/2014 the defendant owed Barclaycard PLC the sum of 258332. By an agreement in writing the benefit of the debt has been legally assigned to the claimant effective 16/06/2014 and made regular upon the claimant serving a notice of assignment upon the defendant shortly thereafter. 3.And the claimant claims- 1. 266232 2. interest pursuant to section 69 County Court Act (1984) at a rate of 8% per annum from 16/01/2016 - 10/03/2016 of 2457 and thereafter at a daily rate of 55 to date of judgement or sooner payment. Date 10/0302016 What is the value of the claim? £2606.89 (£105 Court fee + £80 legal rep costs) Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Credit Card When did you enter into the original agreement before or after 2007? 12/09/2006 Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. IDR Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes Did you receive a Default Notice from the original creditor? Not sure Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Not sure Why did you cease payments? I gave up work to care for my disabled daughter and was unable to continue with payments. What was the date of your last payment? I believe it was July or August 2013. Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan? I contacted Barclaycard telling them I had to give up work to care for my daughter. They told me I would need to default and contact their default team to arrange a payment plan. Due to health issues, I didn't make further contact with them. What you need to do now. Answer the questions above If you have not already done so – send a CCA Requesticon to the claimant for a copy of your agreement (except for Overdraft/ Mobile/Telephone accounts) This has already been done with the docs posted to this merged thread. Send a CPR31.14 request to the solicitor named on the claim form for copies of documents mentioned/implied within the claim form. There are two different versions - one for Loans/Credit cards the other for Current accounts I'm completing the above now. Hopefully this is everything you need? Might be of no significance however the particulars of the claim state that the agreement was signed, which is wasn't.
  14. Apologies however I might have hit a stumbling block. I was on holiday for 9 days albeit in Wales, and came back to the CC Claim on Thursday. The claim was issued on 11th March which means with the 5 day period it's up on 30th March I see I can request an extension to put together my defence but not sure if this complicates things?
  15. Morning, Sorry for the delay in getting back. There's no tick box present and I'd hoped that I had heard the last from IDR. Unfortunately this is not the case and I've now received a County Court Claim Form. I appreciate that they had to make a decision on whether they took this forward or not, which they've done. Not sure where I go from here? Thanks all.
  16. Nothing else came with it. I can't for the life remember how I took it out however I'd be shocked if it wasn't online. I do recall having to call them on receipt of the card to effectively make it active.
  17. Thanks guys. I'd gone about scanning and removing personal info before reading the info you supplied:| It would have saved me a lot of time had I read the link provided It's done now Hopefully it's what you need. cca return .pdf
  18. Ok it looks like I've now received the CCA. it's the agreement and only has my name typed at the top in small letters. It's not signed by me anywhere however I'm not sure if this matters or not. What would be my next steps here? Thanks for your helps guys.
  19. If IDR don't provide the CCA then I guess there's no chance anyone else will? Should they fail to provide it can't I just request that the debt is written off?
  20. If there's no paperwork will they even bother getting back in touch? What would be my next step?
  21. It's been over 35 days since I received the letter saying it would take 30 days and I've heard nothing yet.
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