How much can they take from benefits???

[msowing]

Hi

Just had a letter back from Regal Credit stating that the law says that the minimum I can offer in a repayment plan from my Carers Allowance of £53 week is £12.50 or £50 every 4 weeks.

 

Is that Correct?? I thought they could only take a £1 from your benefits. I cant afford £12.50 a week I got other creditors to pay..

[PriorityOne]

That's bowlarks..... nice try though. I'd be interested in the point of law they're referring to!

 

What's the debt for and how old is it? Is there a CCJ? If you can give a few more details and a bit of history, we can help you better....

[msowing]

That's bowlarks..... nice try though. I'd be interested in the point of law they're referring to!

 

What's the debt for and how old is it? Is there a CCJ? If you can give a few more details and a bit of history, we can help you better....

 

Thanks for reply PriorityOne.

 

Its for an RBS Mint card amount owing £1800 card taken out 2004 last payment was Jan 08 I have sent for CCA and it was ok it had prescribed terms etc. No CCJ. Regal also say in their letter that I have to send them a copy of my P60u form to prove my entitlement to Carers Allowance but I have already sent them a post office account statement showing my entitlement. They say they will also contact DWP for confirmation[which I didnt think they could do]

 

Letter actually says that people in finacial hardship or in receipt of benefits must pay a minimum of £12.50 a week and that is the minimum they can accept

 

I can only afford a £1 a week at present.

[PriorityOne]

Thanks for reply PriorityOne.

 

Its for an RBS Mint card amount owing £1800 card taken out 2004 last payment was Jan 08 I have sent for CCA and it was ok it had prescribed terms etc. Have you scanned it on here for checking.... ? No CCJ. Regal also say in their letter that I have to send them a copy of my P60u form to prove my entitlement to Carers Allowance That is absolute rubbish!! They have no right to see this information at all but I have already sent them a post office account statement showing my entitlement. You didn't need to do that either... They say they will also contact DWP for confirmation[which I didnt think they could do] They can't... it's confidential. The levels these guys stoop to never ceases to amaze me:rolleyes:...

 

Letter actually says that people in finacial hardship or in receipt of benefits must pay a minimum of £12.50 a week and that is the minimum they can accept Rubbish...they will accept what they're given

 

I can only afford a £1 a week at present. Then that's all they're gonna get . If you're sure that the Agreement is enforceable, then pay this amount regardless of what they try and get from you... and make sure you keep a record of those payments [/quote]

 

If the CCA is in order... have you looked into re-claiming charges on this account from the original creditor?

 

[cerberusalert]

If you're on benefits a £1 a week is too much, just make a token payment of £1 per month...which even then is more than these leeches deserve.

 

Even in the unlikely event that they tried to obtain a CCJ, because of your circumstances a judge would probably order that £1 per month anyway & because you have made nominal payments it would show the court that you were not trying to ignore the situation.

 

Have Mint sent you any documentation such as a Default Notice, Notice of Termination or a Notice of Assignment?

 

Send the CCA request http://www.consumerforums.com/resources/templates-library/86-debt-collectors/581-cca-request-letter recorded delivery to Regal Credit, enclose a £1 postal order & do not sign the request. They have 12 working days from receipt to provide it, if they fail to do so or it's unenforceable you can legally withold all payments until an enforceable one is provided. When you get it back, scan it and remove identifying details & post it up then we'll advise from there.

[msowing]

Thanks for the replies PriorityOne and Cerberusalert.

 

The account has been defaulted and terminated both in writing.

 

Cant scan as scanner not working at mo need a new one, but I have seen exact agreement on here and its been deemed valid.

 

I have never had a notice of assignment Regal say they are collecting for their cilent RBS

 

Heres a copy of the default notice it does contain any issue date though so I have been told its invalid. However Regal dont seem to think so, I have written twice to tell them that because RBS terminated account they could only collect the arrears [which at time of termination was £72 only] but they have ignored my letters about that and are adament that i have got to pay the full £1800 they have said a court would ignore the default notice and termination letter and that they would be granted that they could collect the full amount. Maybe i didnt put it down correctly on paper because i didnt know the correct terminology and Regal are playing on my inexperience.

 

http://i272.photobucket.com/albums/jj198/welshie42/img004.jpg

 

 

Sorry for mix up too I did write and offer them £1 a month not a week as I stated.

 

They have refused to send a paying in book they say that I have to pay by card.

 

How do I reply??

[cerberusalert]

The default notice states that you must remedy by the 24th Jan, when was the letter dated because I can't see it. I mean on the notice itself not any other letter that came with it.

 

Just tell them you want details to set up a Standing Order, you do not want to set up a Direct Debit.

[havinastella]

If you have a letter from these morons staing that your benifits should be used to pay them I would sent a copy of it to my MP, Trading Standards, OFt and everyone that I could think of.

 

Benefits are just that and this scummy low life is NOT entitled to a penny of them

 

Jogs

[msowing]

The default notice states that you must remedy by the 24th Jan, when was the letter dated because I can't see it. I mean on the notice itself not any other letter that came with it.

 

Just tell them you want details to set up a Standing Order, you do not want to set up a Direct Debit.

 

Thanks again

 

There is no date on the default notice at all just when it has to be remedied by [24th Jan]

 

There was a letter that came with it dated 10th Jan [arrived 15th Jan] the letter said that I had to allow 7 days for the payment to be credited to the account by 24th.

[cerberusalert]

I've just realised you've answered my question already. Yes the DN is invalid & because of this and the fact that the a/c has been terminated they can only legally expect to receive the arrears at the time of termination, which in this case is £72. The remaining balance has to be written off now.

 

In a word Regal are lying or at the very least being economical with the truth. The contract has been unlawfully rescinded (Unlawful Rescission) on the back of a defective default notice and a court would be highly unlikely to allow them to take any enforcement.

Edited August 15, 2009 by cerberusalert

[msowing]

If you have a letter from these morons staing that your benifits should be used to pay them I would sent a copy of it to my MP, Trading Standards, OFt and everyone that I could think of.

 

Benefits are just that and this scummy low life is NOT entitled to a penny of them

 

Jogs

 

Yes I do have a letter they say ''the minimum amount from someone in receipt of benefits/state pension or experecing finacial hardship is £12.50 a week only on condition of proof and confirmation of benefit P60u form will they accept the payment they have stated''.

 

Will start to send copies out of letter on Monday to relevant bodies.

[msowing]

I've just realised you've answered my question already. Yes the DN is invalid & because of this and the fact that the a/c has been terminated they can only legally expect to receive the arrears at the time of termination, which in this case is £72. The remaining balance has to be written off now.

 

In a word Regal are lying or at the very least being economical with the truth. The contract has been unlawfully rescinded (Unlawful Rescission) on the back of a defective default notice and a court would be highly unlikely to allow them to take any enforcement.

 

Is there a letter I could sent to them that has the correct terminolgy?

 

So if i sent them a postal order for £72 that is all they are entitled to and they can do nothing about it??

[cerberusalert]

How much have you paid since you received the DN?

[msowing]

How much have you paid since you received the DN?

 

Nothing.

 

I sent to RBS in Oct 07 and i didnt receive my CCA until July/Aug 08 [cant remember exactly because it was hand delivered]. Then I though they would start to send statements again and I was going to inform them about invalid default notice but I heard nothing from them until Regal wrote a couple of months ago demanding the full amount. RBS didnt even try and start recollection on the account.

[cerberusalert]

Send them something along the lines of this below & include copies of the default notice and termination notice, do not send any payment;

 

Ref no:

 

Dear Sir,

 

I have had the documentation which was supplied by RBS independantly analysed & it has been found that the Default Notice is defective on a number of points;

 

The Default Notice is not dated although I received it 15th Jan and have retained the envelope, it stipulated that I had to remedy the default by 24th Jan & allow 7 days for payment to be credited to the account by the 24th Jan. This left me with 2 days to remedy the situation not the 14 days as required by the Consumer Credit (Enforcement, Default and Termination Notices) Regulations. 1983.

 

The account was terminated on .......... which because of the Defective Default Notice is unlawful rescission of contract.

 

Due to the situation outlined above I suggest that you consider this matter now closed because any further claim made by you will be vigorously defended.

 

Yours,

[msowing]

Send them something along the lines of this below & include copies of the default notice and termination notice, do not send any payment;

 

Ref no:

 

Dear Sir,

 

I have had the documentation which was supplied by RBS independantly analysed & it has been found that the Default Notice is defective on a number of points;

 

The Default Notice is not dated although I received it 15th Jan and have retained the envelope, it stipulated that I had to remedy the default by 24th Jan & allow 7 days for payment to be credited to the account by the 24th Jan. This left me with 2 days to remedy the situation not the 14 days as required by the Consumer Credit (Enforcement, Default and Termination Notices) Regulations. 1983.

 

The account was terminated on .......... which because of the Defective Default Notice is unlawful rescission of contract.

 

Due to the situation outlined above I suggest that you consider this matter now closed because any further claim made by you will be vigorously defended.

 

Yours,

 

Thanks Cerberusalert.

 

Will sent the letter on Monday via Recorded Delivery [might even use the 1st class envelope they provided they will think it a payment and open it straight away]

[cerberusalert]

[cerberusalert]

I've just re-edited the letter to add some case-law.

 

 

 

 

Ref no:

 

Dear Sir,

 

I have had the documentation which was supplied by RBS independantly analysed & it has been found that the Default Notice is defective on a number of points;

 

The Default Notice is not dated although I received it 15th Jan and have retained the envelope, it stipulated that I had to remedy the default by 24th Jan & allow 7 days for payment to be credited to the account by the 24th Jan. This left me with 2 days to remedy the situation not the 14 days as required by the Consumer Credit (Enforcement, Default and Termination Notices) Regulations. 1983.

 

The account was terminated on .......... which because of the Defective Default Notice is unlawful rescission of contract.

 

Failure of a Default or Termination Notice to be accurate not only invalidates such notice (Woodchester Lease Management Services Ltd v Swain & Co NLD 14 July 1998 but it is an unlawful rescission of contract which would not only prevent the Court enforcing any alleged debt (Wilson v First County Trust Ltd (2003) UKHL 40, Wilson V Robertsons (London) Ltd(2006) EWCA Civ 1088, Wilson v Pawnbrokers (2005) EWCA Civ 147) - but would also give the claimant a claim for damages in the sum of £1000 (Kpohraror v Woolwich Building Society (1996) 4 All ER 119).

 

 

 

Due to the situation outlined above I suggest that you consider this matter now closed because any further claim made by you will be vigorously defended.

 

Yours,

[msowing]

I've just re-edited the letter to add some case-law.

 

 

 

 

Ref no:

 

Dear Sir,

 

I have had the documentation which was supplied by RBS independantly analysed & it has been found that the Default Notice is defective on a number of points;

 

The Default Notice is not dated although I received it 15th Jan and have retained the envelope, it stipulated that I had to remedy the default by 24th Jan & allow 7 days for payment to be credited to the account by the 24th Jan. This left me with 2 days to remedy the situation not the 14 days as required by the Consumer Credit (Enforcement, Default and Termination Notices) Regulations. 1983.

 

The account was terminated on .......... which because of the Defective Default Notice is unlawful rescission of contract.

 

Failure of a Default or Termination Notice to be accurate not only invalidates such notice (Woodchester Lease Management Services Ltd v Swain & Co NLD 14 July 1998 but it is an unlawful rescission of contract which would not only prevent the Court enforcing any alleged debt (Wilson v First County Trust Ltd (2003) UKHL 40, Wilson V Robertsons (London) Ltd(2006) EWCA Civ 1088, Wilson v Pawnbrokers (2005) EWCA Civ 147) - but would also give the claimant a claim for damages in the sum of £1000 (Kpohraror v Woolwich Building Society (1996) 4 All ER 119).

 

 

 

Due to the situation outlined above I suggest that you consider this matter now closed because any further claim made by you will be vigorously defended.

 

Yours,

 

Thank You for the updated letter cerberusalert.

[msowing]

I have a quick question

 

I have typed out the letter and photocopied the Default Notice and Termination Notice.

 

When do I offer them the arrears of £72 as full and final payment??

[cerberusalert]

I wouldn't offer them anything just yet, just see what their response is because if they were stupid enough to push this as far as court you can claim £1000 off them for unlawful rescission of contract. I think when they read your letter the penny will drop & they'll cease trying to collect & close the a/c.

[msowing]

I wouldn't offer them anything just yet, just see what their response is because if they were stupid enough to push this as far as court you can claim £1000 off them for unlawful rescission of contract. I think when they read your letter the penny will drop & they'll cease trying to collect & close the a/c.

 

Thanks again cerberusalert

[msowing]

I have today received a letter from Regal demanding payment within 7 days of todays date [27th Aug on letter, got it today and its a bank holiday] or they are passing it over to their solicitor without further notice.

 

They have totally ignored the letter cerberusalert gave me [i know they received it].

They are also denying I have contacted them they say i have ignored their previous correspondence [i have not I have replied to every letter they have sent].

 

What do I do now please? Regal are ignoring everything I send them.

[cerberusalert]

If & when a solicitor contacts you send them this; http://www.consumerforums.com/resources/templates-library/86-debt-collectors/575-letter-to-solicitors-threatening-legal-action-in-default-of-agreement-request-

[msowing]

If & when a solicitor contacts you send them this; http://www.consumerforums.com/resources/templates-library/86-debt-collectors/575-letter-to-solicitors-threatening-legal-action-in-default-of-agreement-request-

 

Thanks you very much cerberusalert.