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A good letter?


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Hi everyone

I havent been on for a while (Very stressful times)

Little outline...my partner has approx £56,000. credit card debt, a big-ish mortgage and runs his own business.

The business is a viable one but he was told back in May he may have the big C! so business suffered for 3 mths.

Given the all clear & back to work, but the business has suffered...

 

Mortgage company, so far, have been OK/helpfull ( house has been on the market a while!), but all c/cards have been a major pain....non stop calls from India etc...i have written to them all explaining the situation on more than one occassion.

Cap One & Citi have been pretty good but All the rest are like a dog with a bone.

 

We have no fixed income as business needs re-building, but they will not listen...have been sending each £10 token payment & they all have taken that...but i have asked to freeze the debt, but all have said no.

 

So at what level do they freeze the debt?

 

What is the best way of asking, with a bit more force, to help us not create more debt?

 

Has anyone got a GOOD letter template i can copy?

 

So far i have been struggling to keep up with it all and the 6-8 calls a day (inc xmas & boxing day) are p~##~#g me off!

 

HELPpppppp

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Hi burni,

 

Could you be more specific about your debts please, without giving the game away?

 

How much debt is there on the Credit Card alone? When was this Card taken out? If it is under £25K and under the Consumer Credit Act 1974, you could send them a CCA request to see if they have a LEGAL right to claim this debt.

 

I`m no expert by any means, I can only go off my own experience`s but it could be worth a try.

 

Someone more experience will be along shortly to help you out, I`m sure.

 

Hope this helps.

 

Regards

 

 

N.P

If I have helped or made you laugh in any way in your hour of need, then please click my scales <<<<<<<<<< ;)

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Thanks for your reply...

He owes to 8 different cards!

Most that it outstanding on one is £12,500-ish...with Citi and they have been ok so far (had to do 3 income/expend forms as they say they did'nt get them). The lowest £2300. to goldfish & they are the one's phoning the mosr!

He has been living off his cards for a number of years but it's only now starting to catch-up with him...

The mortgage is £280,000...council tax £1300.per mth, we got one of the most expensive water rate at £78 per mth (waiting list for water metre) and it goes on....

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Hi burni,

 

Right, I`m not expert at all, but I have my own little battles going on, but so far things are going ok for me, so I will help if I can. Hopefully someone will come along and guide you all the way from here.

 

Could you possibly list ALL 8 Credit Cards and their amount? IE, City Card £12,300. Goldfish £2300. And also, how old each card is?

 

There is a Telephone Harassement template on here you could use, if you require it. But you must remember from now on, do everything in writing, keep copies of both letters received and letters sent. If you answer a call, say "only in writing morons", then hang up.

 

I`ll check back later to see if you have listed up the cards, amounts and age, then we`ll see where to go from there.

 

I`m not sure on the mortgage, but I guess that is a priority debt, like the Council Tax, that must be paid.

 

Regards

 

 

N.P

If I have helped or made you laugh in any way in your hour of need, then please click my scales <<<<<<<<<< ;)

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Thanks, here we go

 

Cap One=£5,100.00

Citi=£12,600.00

Lloyds Trust=£8,400.00

Lloyds Advance=£?

Monument=£2,500.00

Barclaycard=£4,300.00

Goldfish=£3,500.00

Virgin=£9,850.00

Halifax=£10,000.00

 

I have had 3 default notices in the xmas post...Lloyds still hav'ent sent any reply!

I have made him contact payplan, but they we'rent much help!

I have written to all the above outlining the situation and have sent 3 seperate token payments in the last 2 mths to each of them...

 

What did you mean by 'legal right' to claim.

Is there an 'age' limit on his debt?

I've just been thrown into the deep-end to sort it all out!

 

In asking for a cca, am i asking for a total history?

or just start dates??

 

Any help is MOST appreciated.

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Is there an 'age' limit on his debt?

 

Sort of. If there has been no written acknowledgment of the debt by the debtor for 6 years (5 in Scotland), the debt becomes Statute Barred. So it still exists, but is not legally enforceable.

 

 

In asking for a cca, am i asking for a total history?

or just start dates??

 

What you are asking is that they produce the relevant paperwork which they must produce in order to enforce the debt. If they cannot, the account is in default - so the debt still exists, but they cannot enforce it.

 

Hope this helps.

 

HC

Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.

 

If I've been helpful, please click my scales. :-)

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WHOA

 

thats a lot of stuff burni

 

wow,right mortgage and council tax are your priorities

 

after that its really a case of handing out whats left between them

 

 

now, have you requested a copy of your credit agreements from these lenders yet?

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  • 2 weeks later...

Hi everyone

 

I hav'ent been online for a few days, (as ive been phoning the tax man cos VAT is due!)

Ok so ive found the letter template and am printing it as we speak...

Will be back to tell you more

Thank you

D :o

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Hi again...

 

I have had a couple of weird phone calls from 'mercers,...read a couple of posts i found on here and am sending them a cca also!

Im going to include a 'do not phone letter' just for fun! !:p

 

(started to sort the vat out, but as the business is making a loss i should get a rebate...hahah)!

 

I've just got to say i am lovin this site as so far you guys have been brill :D

I'll be back soon with some news...ttfn

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Hi all...

 

Ok i've had my 1st reply to the cca requests.

MBNA have sent this:

On the back is a standard photo copy showing the % deal compred to others and some t&c small print.

 

What should i be looking for?

 

Also Cap one have said they can't go ahead without a signature...found a letter to send and they have come back saying they need a signature to match to there records??

 

Is that there usual bull story?

should i sent the same letter again or can you point me to a better one!!

Thanks

img018.jpg

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Hi Burni

Sorry but the image you have posted is way to small.

Go to Imageshack or photobucket and upload your image there, then post the link on here.

 

At first glance all they have sent you is an application form, but the gurus will need to see a full sized copy or borrow a large magnifing glass:)

 

Write back to Cap1 and say that they have noy had any problems sending you post before, so you are not going to supply a signature for them. Who knows where that sig may end up.

There is a letter on here somewhere about this, either by rory32 or Curlyben.

Tip us a wink on my scales if you think I may have helped at all;)

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dont worry about C1 paul has a good letter for them.

He will pop in when he is not busy.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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Hi again!

 

OK have had a reply from MBNA, Lloyds Trustcard and Monument...all of the copies that they have sent are application forms with a bad photo copy of there terms...None of them have any written or printed % rate...in other threads you talk about prescribed terms...what am i looking for?

I've tried reading a few other peeps stuff but am getting a bit lost:o

 

So do i stop sending a token payment?

Only one has, what appears to be, a signature from the company!

 

Or can you point me to a post that has already covered this:D

Thanks

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Oh sorry another quick one if any one can help...

Yellow pages.

We wanted to place an ad...signed an order form BUT the details were wrong (address & phone no)

When the proof's came through we wer'nt happy & said we did'nt want to go ahead.

They went ahead and printed it anyway!

They are now saying we owe £300+

And they have sent it to a company called NCO.

Unfortunatley i didnt put the cancellation in writing, only told an agent over the phone, who, of course, said a manager would phone me back!!

Surprise, no one did!!!

Do i send a letter to NCO saying i dispute this?

Thanks

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top one.

 

I cant see any APR or other necessary parts but it might be because it is not a good copy.

 

Middle one.

 

hahahahahahaha. excuse me while i finish laughing. All done l dont think so monument. Its a rapid reply card in other words Application form.

 

Bottom one.

 

It looks like uncle Richard has excelled himself on this one. It clearly states application form on it and it also says if your application is sucessful then we will transfer all or part of the balance as requested subject to your credit limit.

 

The prescribed term may be hiddien in the data protection piece at the bottom of the page but that is not very clear.

 

Can you post only that part if possible?

 

I dont think you have any valid CCAs in any of them but please dont take my word l am not a expert.

 

Chrissi

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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I also forgot to say regarding the TSB one is it just that it has scanned as a bad copy or that is the quality of the copy?

 

If it is not readalbe/legable then it is not a valid CCA.

 

Chrissi

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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Thanks for having a look Godmother

 

The Lloyds one, that is the quality of there copy!

It is totally illegeble...

So do i ask for a better one?

 

Monument, even i whooped at that one!!

 

The MBNA/Virgin copy has NO mention of any % rate!

Just the usual 'you agree that we (MBNA Europe Bank Limited) may process, use,record and disclose your personal information' & so on it goes....

 

So do i now leave paying any token payments from now on?

(I have paid each c/c 3 token payments)

I read on another post that i should let them stew...

 

OH, i've had a reply from Goldfish...one asking for ID ...:p

and one saying that the number of calls is not unreasonable and they will continue!

(I have been getting 4-5 Silent calls a day)

How long shall i give it before i send them a snotty letter?

Or shall i let themselves dig a bigger hole?

I have started writing down a log of calls, most are silent (or could be a delay from the call centre?) but when i dial 1471 most of them withhold there number....

 

Thanks for your time

Don

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Thanks Godmother

 

The MBNA/Virgin one has NOTHING in the Data section...no %, nowt/zilch!

 

The Monument one, even to my untrained eye, made me Whoop'...

 

The Lloyds one IS really that bad!

The photo copy they sent IS totally illegible...

 

So do i ask for another copy?

 

Also the phone calls hav'ent stopped!

Goldfish have sent a snotty letter saying the number of calls is Not unreasonable!!

So im keeping a log! I answer and then hang up if there is the slightest delay (aint call centre's great):|

 

Bl**dy idiot from Cap One tried the 'Hi it's only me' call...that was a new one, i asked if this call was being recorded? then she got a massive earfull of abuse from me.

(I am THE customer from HELL when s**t like that happens)

 

That call cheered me up! I enjoy shouting at them when i can! Let off a bit o steam!!:D

 

Cheers for now...

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The Monument one made me laugh and i don't know what too look for!

 

The Virgin one has NO % anywher

and the Llods one is that bad!

 

So do i ask Lloyds for a better copy?

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yes l would write back the them advising that the CCA was illegable and as part of the Act rule it has to be readable.

 

I will write a letter for you later if you want.

 

Chrissi

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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