Help needed with 1st credit urgent!!

[maddog69]

Hi,

 

received letter in december 08 stating 'without prejudice' full and final settlement offer. Stating they can offer a discount for a full and final payment.

i emailed them last week and have had no response. the debt is my partners who does not work and is in receipt of no benefit because i work. Could i offer them £5 per month in the hope they will accept.....any advice on the letter template???

[babybear39]

What is the account for? How old is it? When was it last acknowleged in writing or any payment made toward it?

[ODC]

You are not obliged to offer these people anything. As you OH does not work and has no income how can they expect him to offer anything.

[maddog69]

account is for a vanquis cc, limit of £250 which was used, rest are charges and interest. It was opened approx 12/14 months ago, last payment made approx 10 months ago. I sent an email last week offering £10 per month on behalf of my partner, heard nothing back.....am at a loss??

[babybear39]

Send the CCA request from here http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html letter N. Send recorded using a £1 postal order, do not sign print name, keep a copy with your postal receipt. This letter requests the copy of the document to ensure they can legally collect on the alleged account. They have 12 + 2 working days to reply.

[maddog69]

Do u think asking them to write of the debt would get him anywhere, because if i refuse to pay his debt (im only agreeing cause i dont want people knocking on my door) where would they go from there? take him to court??

[babybear39]

You could try it but then they may take further action.

[Nottsdave]

Hi

 

Send the CCA letter , find out if they are entitled to collect from you.

 

Why would you pay them if they arent entitled to collect ?????

 

Notts

[ODC]

They will threaten him with all sorts but at the end of the day the best that they can hope for if they take him to Court is that the Court will award them a quid a month. Dont worry about them sending anyone round. They have NO LEGAL POWERS whatsoever and should they threaten this then we have a lovely letter telling them to BOG OFF. I assume he does not own the house.

[maddog69]

ODC thanks very much for that, we rent the property so they cant take that. If i send a letter offering £1 per month would that be ok. ill send it recorded do i have proof should any further acton be taken?

[ODC]

Send the the following CCA request first. Make them prove the debt exists and that they have a legal right to chase it.

 

 

Dear Sir/Madman

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY OR ANY COMPANY YOU CLAIM TO REPRESENT

 

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77(6) will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a postage stamp in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

 

Be further advised that I will not accept ANY phone calls from you or your agents with regard to this alleged debt. Any phone calls made from your organisation will be recorded and details forwarded with regard to breaches of the Telecommunications (Data Protection and Privacy) Regulations 1999

 

 

When you eventually have to offer them £1 a pound per month they will not like it and threaten all sorts but at the end of a day will have no option because bearing in mind your OH's circumstances a Court will not order him to pay any more