Please Help - I'm A Newbie!!!!!!!!!!

[harlequin10]

Hi

 

Oh no a newbie!! I' really sorry and I'm sure you have been asked these same questions 1000s of times but I really need to get things straight in my head!!

 

We have 7 credit cards and 2 unsecured loans, in 2004 we ran into financial difficulty and defaulted. They were all passed onto DCAs who we now pay minimum monthly payments.

 

A relative recently told me about a company who would be able to get my debts 'legally and ethically cancelled' for an upfront fee of £495 per debt, they also claim that they can have the defaults removed from our credit files is this too good to be true?

 

I was seriously considering this as we sold our house in 2007 and went into rented accommodation. We now can't get a decent mortgage because of the defaults on the credit file. I was planning to just wait until 2010 when the defaults would be taken off.

 

Then I found The Consumer Action Group from a link in fool.co.uk and now my head is really spinning!!

 

I'm half excited and half scared but I think I might DIY with your help!!

 

After reading the forums and gathering as much information as I could this is what I propose to do but please advise me if any of this is wrong and I have misunderstood anything!

 

1. Send CCA to DCA with £1.00 postal order, not cheque, and do not sign letter.
   
2. When I receive the information back am I meant to be looking for anything that could make the debt unenforceable, if so what?
   
3. Send SAR to original creditor ie Capital One not Robinson Way. Do I sign this letter? Robinson Way state they are the data controller for my account why do I not send them the SAR?
   
4. Try to reclaim charges and any mis-sold PPI from original creditor ie Capital One. Can I still do this if account is in default and with a DCA?
   
5. Use any charges due back to me to reduce the debt to DCA?
   
6. Offer a full and final settlement to DCA?
   

Am I going to end up with new defaults on my credit file?

 

Is there really anything that can be done to remove default notices on my credit file?

 

I have today received a settlement offer from Robinson Way. I owe £2192.28 they have offered me £893.76 should I take it?

 

I know its obviously not this simple but am I on the right track?

 

Any help would be really appreciated.

 

THANKYOU!!!

[Fred Bassett]

 

Hi Harlequin,

 

You've obviously done quite a bit of reading already, so that is a very good start.

 

A relative recently told me about a company who would be able to get my debts 'legally and ethically cancelled' for an upfront fee of £495 per debt, they also claim that they can have the defaults removed from our credit files is this too good to be true? Generally speaking, if something sounds too good to be true, it is. Whatever service they are offering, you could probably do the same thing with the help of this forum.

 

After reading the forums and gathering as much information as I could this is what I propose to do but please advise me if any of this is wrong and I have misunderstood anything!

 

1. Send CCA to DCA with £1.00 postal order, not cheque, and do not sign letter. Correct
   
2. When I receive the information back am I meant to be looking for anything that could make the debt unenforceable, if so what? When you get something back, scan it and post it up here, making sure that you remove all personal details and bar codes. Then people can advise.
   
3. Send S.A.R - (Subject Access Request) to original creditor ie Capital One not Robinson Way. Do I sign this letter? Robinson Way state they are the data controller for my account why do I not send them the SAR? Personally, I would hold fire on this until you've got the results of the CCA requests - you might find that some of your debts are unenforceable.. The only exception to this is if you think you may have substantial charges from nearly 6 years ago, in which case, go ahead because you'll need to put in your claim quickly.
   
4. Try to reclaim charges and any mis-sold PPI from original creditor ie Capital One. Can I still do this if account is in default and with a DCA? Yes, where appropriate.
   
5. Use any charges due back to me to reduce the debt to DCA? Again, yes where appropriate.
   
6. Offer a full and final settlement to DCA? Again, yes where appropriate.
   

Am I going to end up with new defaults on my credit file? Possibly, but that depends on everything from above.

 

Is there really anything that can be done to remove default notices on my credit file? There are quite a few threads on this subject, I'll try and find the link for the main one.

 

I have today received a settlement offer from Robinson Way. I owe £2192.28 they have offered me £893.76 should I take it? Personally, I'd CCA them first. They will not be doing this out of the kindness of their hearts and it is quite possible that they don't have a proper agreement. It's your call really, but if you can afford it, you could try to negotiate it down a bit more. Personally, I would wait until you get the result of the CCA request.

 

I know its obviously not this simple but am I on the right track?

 

Like a said earlier, you've obviously spent a bit of time on this already - so well done for that and yes, you are on the right track.

 

Any help would be really appreciated. You're in the right place!!

 

THANKYOU!!!

 

Kind regards and good luck.

 

Fred

[Fred Bassett]

Harlequin, one other thing I should have mentioned - post a new thread for each creditor - it's much more likely then that you've get the relevant help - and it's best to call it something like "Harlequin v DCA Name".

 

Regards.

 

Fred

[Fred Bassett]

And another thing! - make sure you send the CCA requests off by recorded delivery.

 

Regards.

 

Fred

[tinkerbell20]

And another thing! - make sure you send the CCA requests off by recorded delivery.

 

Regards.

 

Fred

 

 

Special delivery is best as creditors tend not to sign for recorded deliveries.

[Fred Bassett]

Hi Harlequin, here's that link I promised you: http://www.consumeractiongroup.co.uk/forum/data-protection-default-issues/149403-would-you-like-clean.html

 

Regards.

 

Fred

[harlequin10]

Thank you!!

 

I will send CCA letters this week and go from there.

 

Regards

 

Harlequin

[KER]

Special delivery is best as creditors tend not to sign for recorded deliveries.

 

 

But the fact that you have sent something recorded still gives that record that you have sent something to them should it be needed at a later state!

 

(Remember the Moorcroft paragraph "this letter serves that requirement, even if not actually read by you" )

[Fred Bassett]

Harlequin, you might be interested in this: http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/159345-oft-ministry-justice.html

 

Regards.

 

Fred