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toadsRmylife
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Hi everyone, some advice needed if anyone has the time please! To make a long story very short..3 years ago i left England and went to Cambodia, i intended to teach English and be ...well.... better off than i was in England! So much for plans... ive spent the last three years volunteering for an organization that helps to reintegrate street children back into their society, earning $500 ( that’s US dollars!)per month. When i left England i made sure that there were three instalments in my Lloyds account to cover a personal loan. Ultimately, at the beginning of 2004 i defaulted, i think that at the time the settlement figure was around 6500 pounds. It was never my intention to default, i tried and tried to contact the bank from Cambodia but no joy. This was the third consecutive loan from Lloyds TSB, but the only one i have failed to pay, they have had their pound of flesh many times over. I have now received a letter (via a friend) from Credit Resource Solutions that goes like this:

 

“.....Dear Mr Runner,Ref: Debt Outstanding 8,333.99 Account number xxxxxxxx

We are instructed by JB debt - Thames Credit LTD (Lloyds bank) in connection with your outstanding debt of 8,333.99. Our client has requested us to prepare legal papers in this case, however they have given us a short period of time to negotiate a settlement with you.If you are able to make a one off payment i am able to offer you a substantial discount to the balance owing.

 

Please call me immediately on the following number. 08707 355 333Your debt can be cleared with a credit card or switch transaction over the telephone

 

If you are unable to make a one off payment you may still suspend Legal Action by making a payment arrangement with us to clear the balance by instalmentsPlease call me,Sarah Monroe,Debt recovery department....”I

 

replied by recorded delivery with a request for a CCA and a full statement of my account. I also instructed them to send this to my forwarding address in the uk (very reliable), as i am not currently resident, but will be moving back soon (finally saved enough money!).I have so many questions.... my time in Cambodia (very stressful – it wasn’t a holiday) coupled with the stress of knowing that im in deep financial trouble in the UK has left me with a heart condition. For all my efforts, i return to the UK with no savings/assets at all. I have no job and nothing to sell. I am seriously considering bankruptcy. I am able to make them a modest full and final settlement offer (thanks to the willingness of friends to help – i would have to borrow money from them) of about 1000 sterling. What i really want to know is

1) How do i know that they are actually authorised to collect the debt? I mean, if i settle with them, how do i know that ‘thats it’

2) If they can’t produce the CCA and are therefore unable to enforce (unlikely) if i make a settlement offer anyway, is that seen as acknowledging the debt? (thus removing any advantage gained)

3) I am terrified that when i get back to the UK if they get my home address they are going to harass me day after day whilst i am in the process of trying to get on my feet

4) By sending a CCA request am i just ‘poking the monster’? or was that the right thing to do..any help, from anyone would be greatly appreciated, thanks guys,toads.

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Hi

You have done the right thing in asking for a CCA. All you are doing at the moment is asking the DCA to prove that they have a legal right to collect the debt from you. When they send it to you(if they can find it) we can take it further then.

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

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