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Goruh

Partial Settlement help needed

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Hi All,

 

Found myself in a pickle and require a bit of advice if possible.

 

I had a loan with Abbey going back to 2004 and then subsequently went through a rough patch!!...the debt went unpaid for a period then eventually I got back on top of things and made an agreement with Abbey back in 2008 for a partial settlement. Things went well, or so I thought, and the partial settlement was agreed. I paid "x" amount of the loan leaving an outstanding balance that according to the account manager on the phone, would not be perused any further and would only leave a marker against my credit score. I would also be able to pay te debt off in the future at my own leisure. I'm not sure whether I received a letter to that effect although I'm pretty sure I did. I have had a clear out since this point and feel I may have thrown the letter away, not the brightest thing to have done!!

 

Now onto my problem!!

 

I have received a letter from CapQuest stating the usual "we have purchased your debt from Abbey" blah blah blah..I immediately requested a CCA which was posted yesterday as proof as was unsure where the debt had come from. Which you can now see from my previous paragraph I managed to find out.

 

Being confused as to the nature of the debt I phoned Abbey to confront them (perhaps not a bad idea). They confirmed the usual stuff and then said it had been passed onto a third party. After enquiring why a partial settlement had been sold, they were unable to answer.

 

Also they are unable to obtain any details as to conversations and letters sent with regards to the debt (of which I have received none since the partial settlement)

 

Phoned CapQuest on advice from Abbey as they do not hold al the records as it has been passed on. Capquest confirmed they had purchased the loan and the amount outstanding. After informing them of the partial settlement they requested a letter to that effect. I can't find the letter but 100% sure of the partial settlement. Their records only go back as far as the last payment!!. So no idea how much was paid etc. I pointed out that since the last payment, some 12 months ago, no interest had been placed on the debt according to the records. I enquired to how that was possible unless some agreement had been reached. They seem to think it had been passed onto another recovery agency prior to them purchasing it. But again I have had no confirmation of this.

 

Where do I stand?

 

How can a bank agree to a partial settlement then sell the debt onto someone else?

 

How far back do bank records go and do they retain the information with regards to correspondance sent etc?

 

What to do now?

 

any advice would be greatly received!

 

Goruh!!

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Hi Garuh,

Welcome to CAG :)

A pickle indeed! Just proves our mantra on here of insisting on everything in writing, and never,ever entering into discussion on the phone.

Sadly you've learned that banks cannot always be trusted, and we need to get you on the road to sorting this out.

If it was me, I would send a Subject Access Request directly to Abbey,

which should produce all your details and records. They must keep records for at least 6 years after account closure.

The template letter link for this is below. Enclose a £10 postal order, do not sign the request, just hand print your name. Send by recorded delivery and save the receipt. They have 40 calendar days + 2 working days for posting to comply.

Next..the debt collector..to them send a Consumer Credit Agreement Request. Again, the link is below. mend to suit..(note the bit at the top where you need to change the CCA Section number depending on whether its a loan or credit card. Do this in both places its mentioned in the letter.) Same rules as above this one is a £1 PO..no signature, send recorded.

They then have 12 + 2 days to respond, after which you can place the account in dispute. It's up to them to PROVE you owe them, not for you to prove you don't.

If they harrass you by phone or threaten visits..shout and we'll give you other letters to send.

Hope this helps,

Elsa x


PLEASE NOTE... I AM MOST SORRY BUT I HAVE VERY LIMITED AVAILABILITY AT THE MOMENT DUE TO EXTREME PRESSURE OF WORK - IF YOU REQUIRE URGENT HELP ON YOUR THREAD AND ARE GETTING NO RESPONSE PLEASE HIT THE TRIANGLE FOR SITE TEAM ASSISTANCE. ELSA XXX

 

Please check out my BLOG for the quick guide to debt threats - it has all the info & letter template links you need to get started on your journey of TAKING CONTROL. :roll:

 

All opinions are my own based on research. I am not legally qualified, if in doubt please consult a legal expert.

Hope this has helped or made you smile. Keep your chin up, you're among friends now! Elsa xxx

Please click the *star* of any CAG member who has helped you .

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Thanks for the hastened reply Elsa,

 

Have already sent a CCA so waiting for the reply from that!!...will send the subject access request and see what occurs...hopefully they will send everything I need.

 

Will keep you all posted

 

thanks once again

 

Goruh

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Hi Goruh :)

Ahh yes I see that now in your first post.great stuff..the clock is now ticking for them.

Good luck and keep us posted :)


PLEASE NOTE... I AM MOST SORRY BUT I HAVE VERY LIMITED AVAILABILITY AT THE MOMENT DUE TO EXTREME PRESSURE OF WORK - IF YOU REQUIRE URGENT HELP ON YOUR THREAD AND ARE GETTING NO RESPONSE PLEASE HIT THE TRIANGLE FOR SITE TEAM ASSISTANCE. ELSA XXX

 

Please check out my BLOG for the quick guide to debt threats - it has all the info & letter template links you need to get started on your journey of TAKING CONTROL. :roll:

 

All opinions are my own based on research. I am not legally qualified, if in doubt please consult a legal expert.

Hope this has helped or made you smile. Keep your chin up, you're among friends now! Elsa xxx

Please click the *star* of any CAG member who has helped you .

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Update

So Capt quest have put the account on hold until such times as I provide the information they require i.e. the letter stating the partial settlement etc!...they have stated in their letter that it is a request and not a demand!...does this hold any significant bearing or just a polite notice?

 

Goruh

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Update

So Capt quest have put the account on hold until such times as I provide the information they require i.e. the letter stating the partial settlement etc!...they have stated in their letter that it is a request and not a demand!...does this hold any significant bearing or just a polite notice?

 

Goruh

 

The CCA request will override everything else here.... so ignore them for now. They either have a copy of your CCA or they don't.... in which case, they'll get nothing anyway.

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I noticed there is still a default showing on my credit file with DCA Ist Credit Ltd. Account shows satisfied 2007 Settlement was via a partial full & final settlement, question is how can I get this default removed as it won't come off until 2013 if it was just left on my file.

 

I would like to have it removed if so which is the best route? I looked at the templates for defaults etc but wasn't sure which letter to use here as a partial settlement was agreed and paid, so I guess no chance of requesting a CCA as I understand the lender/DCA etc don't have to comply when settlement(partial/full & final) has taken place but what about the service of the default, I don't even remember receiving it. Guidance please.

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Jules if you start your own thread would be better

 

ida x


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