Me & my Debts - Haydon DMP since 2001- they charge a £20PCM fee from my <£40 payment - CCA time? In Scotland too!

[blueda]

I am interested in both options Rory,

how do i word the letter inviting them to write the debt off, and what chance is there that they will comply ?,

if i go for the reduced settlement on my terms, can this be done without them using the fact that as im making them an offer, then i am admitting they have the right to collect the debt from me ?.

[Cunning Plan]

Hi Darkhorse,

 

Always send letters recorded delivery you're then building a file of evidence that you were trying to resolve the situation. If M&S continue to ignore you and decide to take 'further action' you already have several weapons to fight with.

 

If you don't already have your own thread then start one asap. This will help you and not divert blueda's thread off topic.

 

You're in good company on this site. I had a recent success against AMEX who did take 'further action' it cost them dearly:D

 

CP

[darkhorse53]

Cunning Plan,

thanks , it's very reassuring.I'll still be following this thread and start my own if I have something to say. I didn't want to hijack this one, I just thought we were on the same path(don't really know how this works yet)

[Rabbi Burns]

Hi everyone, not long found this site myself and it's addictive

 

Don't know if this link is any good for template letters Creditors and DCAs - Letter Templates & Budget Planner

[blueda]

I have had no correspondence from Cabot since the above letter dated 27 March, which i never replied, i havent paid Cabot for the three accounts for 3 months now, is this the quiet before the storm ?.

[rory32]

It may be some time before you hear from them again. It's been almost 2 years since I asked for a copy of my agreement. In their response apparently this would take them no time at all but they were popping the account on hold just in case. I haven't heard from them since on that one.

[blueda]

From Cabot ?

hope we dont hear from them again then,

i really wonder how i got into so much debt so quickly,

we didnt have much to show from it, and we have paid back thousands, and still in debt

, i am wondering if i should send for a subject access request from Link financial, advice please.

[IdaInFife]

It depends on what you want to achieve.

 

They have not provided a valid cca so you can lawfully withhold payments

until they do or you can use this to reduce the balance and try and get them to accept a full and final settlement.

 

did you send a reply when they sent you and application form?

 

have they sent any demand for payment?

 

Ida x

[blueda]

Hi Ida,

i did reply to the application form they sent, i have not yet stopped payment to them

i have stopped paying the three Cabot accounts,

i kept Link going so as to keep the connection with the debt management company and i am going to write to DMP to suspend payments to Link financial before the next payment is due.

As for reduced payment for full and final payment, i will be interested if they accept around £50.

[IdaInFife]

you can only ask but make sure that it includes that no other company can persue for the remainder

 

Ida x

[blueda]

Do you know of a suitable letter template for this ?, cheers David.

[IdaInFife]

here ya go:

 

Mr A N Other

1 High Street,

Newtown,

Kent

R21 4RH

 

 

June 28, 2006

 

 

The Loan Company

Company House,

Church Street,

Newtown,

Kent,

R1 7HG

 

 

Dear Sir/Madam

 

Re: 4563210025897412

 

We write with reference to the money which you are claming on the above account.

 

We can confirm that we are unable to offer to pay the money which we owe in full. However, I can raise £775 and I want to offer this as an ex−gratia payment in full and final settlement of the account. This offer is made on the clear understanding that, if accepted, neither you nor any associate company will take any other action to enforce or pursue this debt in any way whatsoever and that we will be released for any liability.

 

We also request that, if accepted, you will make an entry on a credit reference agency file relating to the above account as "satisfied" in full.

 

Payment can be made within 2 weeks of receiving your written agreement of this offer and method of payment.

 

We look forward to receiving your reply.

 

Yours faithfully

Mr A N Other

ida x

[blueda]

Thanks Ida, i will consider making them a token offer and see how it goes, they will perhaps take the offer more serious after i have stopped paying them.

[IdaInFife]

maybe add a sentance stating again they have not provided a valid cca and to try and resovle and bring a conclusion you are willing to offer the following etc etc

 

ida x

[blueda]

I will do, thanks again Ida.

[Cunning Plan]

Hi Blueda,

 

Personally I wouldn't bother with a SAR. What you've been supplied with by Link is unenforcable. A SAR wouldn't offer you anything more at this stage - plus you'll be out of pocket by £10 and the postage.

 

If Link continue to chase you, and their only route would be via court action then any information you'd need you'd get under Civil Proceedure Rules anyway.

 

I'd sit tight for the moment and wait to see what they do next. You have the upper hand at the moment and that's unlikely to change. Link know this.

 

CP

[blueda]

Thanks Cunning Plan, do you reckon Link will take this to court ?, and what chance of winning do they have if they do ?.

[rory32]

Cunning Plan this is a Scottish debt, not an English one.

The CPR does not apply in Scotland - it is part of the English legal system.

The Scottish legal system is very different.

[Cunning Plan]

Hi Blueda & Rory,

 

Sorry Blueda didn't mean to mislead you. Thanks Rory for correcting me. I've been dipping in and out of this thread and obviously wasn't fully concentrating on it...

 

As for the second point you raised Blueda. Link and also our friends (I use the term in jest) at Cabot are two of the most difficult nuts to crack. But as several people have pointed out what they have sent is not a compliant document. Even so, on past experience, they will keep pushing & threatening which is what they are good at.

 

CP

[IdaInFife]

If they feel stupid enough and not alot

just keep anything they send you

Ida x

[blueda]

Thanks again Rory, CunningPlan and Ida.

[Cunning Plan]

Hi Blueda,

 

Idainfife beat me to it.

 

Link must by now realise you have taken advice and they would be pushing their luck to take you to court. If they do chance their arm you already have enough information to compile a robust defence. Meanwhile

keep everything you have in connection with this, just in case.

 

I suspect they'll go away and look at other accounts they have and try their luck with those. Sadly there are still people who don't know their rights when it comes to DCA's and their questionable tactics.

 

CP

[blueda]

Thanks CunningPlan, i feel more confident to take them on now.

[Cunning Plan]

Hi Blueda,

 

A great number of people have been through the mill with DCA's. With assistance from this site,and others,the playing field isn't quite level - yet - but we're getting there.

 

If you haven't already take a look at the success stories here on CAG. It'll cheer you up and give you even more confidence. For starters here's my battle with AMEX. http://www.consumeractiongroup.co.uk/forum/legal-issues/144007-help-amex-no-cca-new-post.html You'll see they even offered to halve the amount I supposedly owed them in an attempt to get me to cave-in. I stood my ground and two days before the court date they wrote to me with an offer to drop the case if I didn't claim costs. Joy of joy what a turn around!

 

CP

[blueda]

Hi folks, i am planning to send a letter to Link financial, something like as follows

Dear Sir/Madam

Thank you for the information you sent, which i received on -----09.

The information you provided is not a Consumer Credit agreement and does not give your company any legal right of entitlement to claim money from me. I have therefore instructed my debt manager to cease making further payments toward this alleged debt unless you can produce a proper and valid copy of a Consumer Credit Agreement.

Yours faithfully

Blueda.

That is a rough version of what i intend to send, i have already sent Link two template supplied follow up letters, the latest one they have not replied to, as always advice is most welcome.

 

Anyone ?