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    • Hi all,   I would like to thank you all for your help so far on this matter. I have been reading some relevant thread on here as rightly suggested to get myself up to speed.   One thing is certainly clear, and that is NO to mediation. I have got to put the form N180 in the post first class tomorrow money to meet Monday's deadline. I haven't really found a clear answer to one or two things: 1) Can i change the hearing venue to my preferred county court? 2) What's my reason for considering the case not suitable for the small claims tack and what alternative?   I'm really sorry to be a nuisance but this has got to be posted tomorrow morning and i'm running out of time.   I am really counting on your advise please
    • I have contested a parking ticket on Bradfield Rd car park in Sheffield i was only there in April for 39 minutes but got issued a ticket saying i was parked in permit holders space. Its normally free for 1hr 30. I have attempted to pay the original fine but it would seem there reference number is incorrect as it does not let me pay.  They have now sent letters demanding £160 and have passed the charge to a company called Zenith.  I have rang wrote etc but cannot get any form of coherent communication and am now worried as to what to do next any advice appreciated.
    • Hi caggers,  OH got a vanquis card, defaulted and made a last payment in July 2015. Since she gave me a heads up with threat letters for pre-court action, I fired off a CCA and got a response way after the prescribed time line (I can live with that).   They did send her a CCA and breakdown of spends. The problem I had with the CCA they sent her was it was pretty unreadable (I can post a copy) but it had her signature on there. I don't doubt the OH owes money but after speaking with her she cannot remember but didn't think it was as much as Lowell's are wanting to claim for as she only had a £500 limit and the amount they want is near £900.   I fired off an AID letter stating the CCA was illegible and at the same time sent a SAR to them specifically asking for a copy of the DN, Breakdown of charges and Interest and anything else they hold.   They come back acknowledging both letters but still asked what she her intentions are regarding the account with failure to do so possibly resulting in a claim form incurring costs.   They also said they will not send any further copies of the CCA as they've already compiled with the original CCA request.   Am I correct in thinking the CCA has to be legible and that this is grounds for the AID? I'm happy to come to an arrangement to clear the right amount owed but not some over inflated figure.   Thanks PM
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Before I settle my Credit Card balance


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Before I go and settle my credit card balance thanks to a remortgage, I thought I would try for a full and final payment. Here is the letter I am thinking about sending. Advice greatly appreciated, and feel free to add or subtract anything that is wrong.

 

Account Number xxxx xxxx xxxx xxxx

 

Dear Sir/Madam

 

I am writing to you to discuss my credit card account and the possible settlement of the balance. As of 08/08/2009 the balance was £5404.63 minus £121.00 minimum payment plus interest to be added.

 

I am now in a financial position to possibly settle this account.

 

All that I require from your company is a true copy of the executed signed agreement that contains all the prescribed terms for this account, all other required terms and statutory notices and was signed by both your company and myself as defined in 61 (1) of the Consumer Credit Act (CCA) 1974 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, I would like you to send me a copy of that document.

 

I am fully aware that an application form for a credit card is NOT a suitable replacement for a consumer credit agreement under CCA 74.

 

You should be aware that the CCA 74 allows 12+2 working days for this kind of request before Mint will enter into a default situation. I believe a nominal sum of £1 is required as a fee for such requests. Please find a cheque enclosed.

 

As you are no doubt aware, section 77(6) of the CCA 74 states:

If the creditor fails to comply with Subsection (1) (a) He is not entitled, while the default continues, to enforce the agreement.

 

I reserve the right to report any of your subsequent actions to any such regulatory authorities as I see fit.

 

When you supply me with the consumer credit agreement for this account I will without hesitation settle the balance.

 

If you are unable to supply a true consumer credit agreement, properly signed and in line with the CCA 74 may I make a suggestion that would save both parties time and possible legal fees.

 

I am more than willing to make a full and final offer of payment to the sum of £4000.00

 

 

 

I believe this is a fair offer, taking into consideration the length of time I have had an account with Mint and the amount of interest I have paid. I would also like to point out that over the duration of the account I have never been in arrears, except from the odd lost cheque in the post, which was rectified immediately.

 

I will understand that after accepting a full and final settlement you might wish to close this account.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

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Bear in mind they will sell it to a debt collection agency for between 10% and 30% of the face value !! Any PPI on the card ?

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

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Check the agreement first....!!

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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And instead of a CCA request you could possibly try this as they may try and fob you off with either a reconstituted agreement or a blank one !! - http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html as this cagger did - http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/165349-smt37-morgan-stanley-goldfish-3.html#post2119750

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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And instead of a CCA request you could possibly try this as they may try and fob you off with either a reconstituted agreement or a blank one !! - http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html as this cagger did - http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/165349-smt37-morgan-stanley-goldfish-3.html#post2119750

 

 

Thats brilliant, hadn't seen that thread. Thanks very much, will amend the letter now.

 

Mac

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CPR31.16 doesn't cost anything...a CCA request DOES cost £1

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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