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Desperadette vs Marbles

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Hi All

 

Just to say that I have heard from Marbles today. They have sent a letter saying that they are sorry to hear about my financial difficulties and sent me another Income and Expenditure form to complete.

 

This is not a response to the letter and I and E form I sent on the 7th as they said they had not received that yet. Rather, the letter appears to be a follow up to my last phone call made on the 6th of December- I rang to make my payment and was informed that it was the last one under the existing agreement. The lady suggested that I send an I and E form asap so that we could look at the case again as failure to do so would mean the interest would go back up to 30 plus per cent and minimu payments of a couple of hundred pounds. There is no way I can afford that!

 

They have agreed to look at making a new payment arrangement and have asked me to submit another Income and Expenditure form.

 

I rang today to explain that I have already sent an I and E form last week but the chap said that I would also need to make a payment offer in writing and also include payslips.

 

I am now in the process of writing out yet another Income and Expenditure form in the form and will gather the payslips required.

 

I have confirmation that at present the interest has been frozen.

 

So far they have been very helpful.

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Go on royalmail.com and type in the registration reference of the letter. Dont forget you posted it recorded mail. (Well that is what you were advised to do).

 

Make a note of the date it says it was delivered. Phone them tomorrow and tell them you wrote on the 7th, it was delivered on the xx December. In that letter was a cheque for £5 which you sent to keep the payments going. (Now do you see why I told you to enclose a cheque for £5 in advance?????).

 

Tell them with the cheque was an I&E and ask them what course of action is now needed to be followed. In short, it seems that letters crossed paths so, it may be that what you sent on the 7th may be acceptable.

 

I would not do anything until they confirm they have received your letter, your cheque and your I&E. For all you know, they may just ask you for simply a copy of the payslips OR may just state that it will be actioned and no need to send anything else in.

 

Post what they tell you and we will take it from there.


If I have helped you or made you laugh by some witty remark and brightened your day................ the scales to click are over to your left hand side. :D:D

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Hi Nick

 

It may surprise you but yes I did exactly as I was told - I can hear you saying 'well, that's unsual for a woman'.....

 

Yep, sent it recorded with the cheque - the Royal mail site states that it was delivered on the 10th.

 

I will ring them again tomorrow and point this out. Also about the £5 being an offer of payment. However, they may ask for payslips which I can send if they want them again.

 

Will post on here when I hear back! :)

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If delivered on the 10th it should by now be on file (allowing say 3 days for it to be sent to the proper person).

 

So yes, I think you should phone them, ask them to check if your letter is now on file, ask them to confirm receipt of the cheque and the I&E. And I agree they may ask for the payslips but, it saves you having to do another I&E. IF you do another I&E hope you kept a copy of the one sent with the cheque so it matches with the new one.


If I have helped you or made you laugh by some witty remark and brightened your day................ the scales to click are over to your left hand side. :D:D

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yep, kept a copy of the I and E - am learning!

 

I suspect they don't look at them properly anyway - the one I did before didn't have anything in it for food/household expenses!!!

 

But they didn't notice.

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OK, heard back from Marbles today. They say that by their calculations I now need to pay £26 a month. Have to send in payslips for last 3 months which I can do this week. Think they want hubby's too.

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At least the interest is frozen, can you afford the payment that they are requesting .

Edited by blueda
changed content

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OK, heard back from Marbles today. They say that by their calculations I now need to pay £26 a month. Have to send in payslips for last 3 months which I can do this week. Think they want hubby's too.

I would presume that yes they want your and hubbys payslips.

 

As to the £26 a month, (I stand to be corrected if I am wrong but) I would send the following and claim possibly £10 a month (that is if you can afford it).

 

OFT Guidelines:

 

“Physical/psychological harassment”

2.5 Putting pressure on debtors or third parties is considered to be oppressive.

2.6 Examples of unfair practices are as follows:

f: pressurising debtors to pay in full, in unreasonably large instalments or to increase payments when they are unable to do so

 

And you need to empty your PM box. :D:D You do not collect interest on PM's held in there. :p

 

Should be easy to do a letter making reference to the above and making a counter offer.


If I have helped you or made you laugh by some witty remark and brightened your day................ the scales to click are over to your left hand side. :D:D

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Have emptied inbox - and yes, I am crap at housework too! I like to hoard your loveletters Nick LOL

 

Just looked at my I and E form. I have £80 to pay to non priority creditors ( and thats by really tightening up on food and the like). I have 3 creditors, roughly 6K ( egg £1 a month for the mo), Marbles (about 8K) were accepting £5 and now want 26. Barclaycard ( about 10K) have set up a payment agreement for £110.

 

So Bcard alone takes up more than my money available for non priority debts.

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( egg £1 a month for the mo)

 

In the famous word of the Italian opera singer: "Che!" (Means WHAT!)

 

Egg sold your debt to Apex so how come you are paying them monthly? (Even though a token payment).

 

If Apex makes contact with you, I would tell them that "although it is only a token payment" you are still paying Egg monthly and hence why you need to clarify matters first before you enter into any discussions with them.

 

Somebody correct me if I am wrong but if Egg sold your debt to Apex then should Egg still be taking your payments????? (Or is there something you are missing out?)


If I have helped you or made you laugh by some witty remark and brightened your day................ the scales to click are over to your left hand side. :D:D

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In the famous word of the Italian opera singer: "Che!" (Means WHAT!)

 

Egg sold your debt to Apex so how come you are paying them monthly? (Even though a token payment).

 

If Apex makes contact with you, I would tell them that "although it is only a token payment" you are still paying Egg monthly and hence why you need to clarify matters first before you enter into any discussions with them.

 

Somebody correct me if I am wrong but if Egg sold your debt to Apex then should Egg still be taking your payments????? (Or is there something you are missing out?)

No correction Nick as you are right, if Egg has sold the debt to Apex then they have no further interest in the account, and i believe that if there was no notice of assignment sent to Desperadette from Egg and Apex, then Apex have possibly no legal right to collect from her.

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Desperadette, if you have not already done so, then it would be a good idea when you have time to go to a price comparison site such as Martin Lewis and seek out the best priced gas, electric, phone etc for your area as a few quid savings per month would be more money for hubby and you.

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At the moment the OP is trying to see if there was in fact even a DN issued as if no DN was issued before it was assigned then the agreement was unlawfully rescinded and even then Apex have no right to collect.

 

Personally, I would prefer to go the DN route then the LOA route. A DN route now cannot be rectified as the debt has been assigned. An LOA route the problem can be rectified even say 1 week before Apex were to issue a claim. (That is if they do issue one). And I have also read threads on here were Judges apparently sometimes do not accept the LOA route as an argument either.


If I have helped you or made you laugh by some witty remark and brightened your day................ the scales to click are over to your left hand side. :D:D

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Desperadette, if you have not already done so, then it would be a good idea when you have time to go to a price comparison site such as Martin Lewis and seek out the best priced gas, electric, phone etc for your area as a few quid savings per month would be more money for hubby and you.
Good advise actually cos as they say, every penny counts.

 

Or easier way to do it, send the hubby to live with his mum and only come over on weekends. (Saves on water, washing clothes, food, heating and other factors). :D:D:D

 

Just joking. ROFL.


If I have helped you or made you laugh by some witty remark and brightened your day................ the scales to click are over to your left hand side. :D:D

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oh re Egg, what I meant is that my previous agreement was for a pound with them. I assumed I would now be paying this to Apex. But haven't done so yet as the first thing I did when I got a letter from Apex was to write to them asking for f and f figure.

 

This was because I was so shocked to get a letter from a DCA that I rang my mum to tell her. She was worried as I was so upset and depressed so she asked me to see what they would accept so that she could try and pay it for me.

 

But as you know, I have since written to Egg to find out if this debt was indeed sold and also about a DN which I didn't receive.

 

So back to Marbles, on the form I said I had allocated £1 to Egg and they have deducted that from teh £80 I had available and then worked out that their proportion of the remaining £79 is £26. I can see how they calculated that figure.

 

It is not clear if the interest is still frozen. I will have to ring and check tomorrow :confused::confused:

 

:?: Should I ask them what they would accept as a f and f figure? Or won't they be interested ? From reading this site, I gather that it is easier to reach f and f settlement when dealing with DCAs rather than the CC lender directly...

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All the following is my personal opinion and is subject to being contested if incorrect.

oh re Egg, what I meant is that my previous agreement was for a pound with them. I assumed I would now be paying this to Apex. But haven't done so yet as the first thing I did when I got a letter from Apex was to write to them asking for f and f figure.
You should never do that. It shows them you have access to money (be it your money or somebody elses). You should always let them chase you.

This was because I was so shocked to get a letter from a DCA that I rang my mum to tell her. She was worried as I was so upset and depressed so she asked me to see what they would accept so that she could try and pay it for me.

I am up for adoption if your mother is interested. :D:D

But as you know, I have since written to Egg to find out if this debt was indeed sold and also about a DN which I didn't receive.

Posted on the 7th. Delivered on the 9th. Add roughly 14 days = 23rd December. Hope they reply soon. Otherwise, might be advisable to send them an SAR. (Actually if you want and have £10 free you can send one off tomorrow if you want which is what I would do).

So back to Marbles, on the form I said I had allocated £1 to Egg and they have deducted that from teh £80 I had available and then worked out that their proportion of the remaining £79 is £26. I can see how they calculated that figure.

You can always write back and make them a counter offer based on the OFT Guidelines I gave you before. As they say "God loves a tryer" and if you do not try you will not succeed. Nothing lost in trying to make a counter offer of say £10. Max is £1.14 postage (recorded mail). And ALSO it shows them for next year that you cannot be simply told a figure. Otherwise next year they may try for say £50 a month. (Just an example).

It is not clear if the interest is still frozen. I will have to ring and check tomorrow :confused::confused:

I prefer writing. 6 months time and if there is anything said you will not remember who you talked to, what was promised etc etc. So best have it in writing (considering we are talking about a fair bit of interest here).

:?: Should I ask them what they would accept as a f and f figure? Or won't they be interested ? From reading this site, I gather that it is easier to reach f and f settlement when dealing with DCAs rather than the CC lender directly...

Well I do not know where on this site you have seen that it is great to have an f and f with a DCA. Please give me a link. And obviously if a DCA buys the debt at say 10p to the £ if you had say £6,000 and they paid £600 they will love you for any easy and quick profit if say you agree to pay them something like £2000 especially if it may be a dodgy debt and possibly non enforceable. (Which is what we are trying to find out in the first place).

 

Just my personal opinion. You are on the right road. Just stick to it. It can be nervy at times but if all goes ok then you will be better off then splashing money out in f and f agreements.


If I have helped you or made you laugh by some witty remark and brightened your day................ the scales to click are over to your left hand side. :D:D

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Hi D,

 

Hope you're well. Which I & E sheet are you using? Is it one that calculates what you can afford to pay (pro rata) to each of your non-priority debts?

 

Also "payslips" is a bit worrying. I have never produced payslips to DCAs or OCs, any more than I did when i took the cards out. They have no legal right to this information.

 

I think also that pretty much every single one either never recieved my letter, never recieved my I & E and never recieved my subsequent letter!

 

It's a game they often play to get you on the phone and see if they can squeeze you for some more. As was pointed out above (Nick I think) everything in writing. Don't let these low-lifes bully you :D

 

M


________________________________________________________________

ALL unsolicited PMs and E-mails should be posted up - Not all on CAG are who they appear to be

 

 

My views are my own. If in doubt, seek professional advice. If I can help though, I will. CAG helped me!!

 

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Hi Desperadette,

 

The DCA has no right to your or your husband's payslips !! Next thing you know, they'll be calling you on work numbers harassing you further.

 

Have you sent off CCA requests to your creditors, to see if they have a valid credit agreement for these a/c's. http://www.consumerforums.com/resources/templates-library/86-debt-collectors/581-cca-request-letter

 

This should be your first course of action with any creditor.

 

Have you got all the statements for each a/c, to see what penalty charges have been made to the a/c. These can be reclaimed in full, plus interest if you take them to court.

 

Also, is there any mis-sold PPI on the a/c(s) which you could reclaim.

 

If they are older a/c's with older penalty charges and you're up for a fight, claim back interest in restitution on top of the charges. This could put a major hole in the a/c balance for you.

 

If you don't have the statements, do as Nick suggested and send off a SAR with the £10 fee.

 

To avoid confusion, can I suggest you use this thread only to discuss the Marbles a/c and start a new thread for each other a/c. Keeps your cases separate. :)

Edited by slick132
added re PPI

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What (in my opinion) one has to consider in this case is that the OP (once again in my opinion) has got the nerves equivalent to a rabbit on steroids. In short, she easily panics and "does not like to offend any creditor", thinks Apex are being really nice offering an f and f settlement and does not want to offend BC who are taking £110 a month from her. So whereas some of us may take on 3 or 4 different creditors at one time, I believe (again my opinion) it is best to split them for her and take them on one at a time. (In respect of the above, no offense is intended especially to OP who, considering we joke on pm and wind each other up she knows I only wish to try and help her and hence, the above has to be taken with a bit of humour when read).

Hi Desperadette,

 

The DCA has no right to your or your husband's payslips !! Next thing you know, they'll be calling you on work numbers harassing you further.

Agreed.

Have you sent off CCA requests to your creditors, to see if they have a valid credit agreement for these a/c's. http://www.consumerforums.com/resources/templates-library/86-debt-collectors/581-cca-request-letter

OP has three creditors. (She has opened different threads for each creditor). Creditor 1 is BC who at the moment is subject to a CCA application. Date of expiry is 24 December. Advised OP to wait until about the 29th to allow for Christmas delayed post before sending "Failure to comply letter" (as per template). Note: Personally I would wait another couple of days to be on the safe side in case posts cross paths but.......

 

Second creditor is Egg who sold the debt to Apex. It seems Egg never sent a DN. Egg has been submitted to a DN letter to advise when sent, to send a copy and to confirm how posted. No reply. Now advised that advisable to send an SAR so that this will sort things out.

 

Third creditor (this thread) Marbles. As OP seems to panic, at the moment my suggestion (again my opinion) and considering that at start it was £5 a month, they are now trying to up it to £26 a month BUT due to OFT Guidelines can contest this and maybe offer say £10 a month (interest frozen) then my advise has been to get a good monthly decent affordable rate with Marbles for now. Once BC and Egg are sorted then can start by asking Marbles for a CCA and if need be then move on to an SAR.

Have you got all the statements for each a/c, to see what penalty charges have been made to the a/c. These can be reclaimed in full, plus interest if you take them to court.

SAR to Egg to find out re DN and penalty charges I fully agree with as Egg cannot do anything as they sold the debt to Apex. SAR to BC personally (again my personal opinion) I would wait until BC are in default of the CCA application. Then once the account put in default and dispute (hopefully) then use the £110 a month she has been paying them to get an SAR. Once again, Marbles I would leave them for now (again personal opinion) until BC and Egg are sorted. Then once sorted I would go for a CCA and an SAR to Marbles if need be even at same time or close to each other.

If they are older a/c's with older penalty charges and you're up for a fight, claim back interest in restitution on top of the charges. This could put a major hole in the a/c balance for you.

It is understood that the BC account is actually pretty old and infact was an account bought from another creditor (which is why most probably BC will go into default and dispute re CCA agreement).

If you don't have the statements, do as Nick suggested and send off a SAR with the £10 fee.

 

To avoid confusion, can I suggest you use this thread only to discuss the Marbles a/c and start a new thread for each other a/c. Keeps your cases separate. :)

Above are my personal opinions and anybody is free to ignore if one wishes.

  • Haha 1

If I have helped you or made you laugh by some witty remark and brightened your day................ the scales to click are over to your left hand side. :D:D

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"rabbit on steroids" :D:D:D Love it!

 

reminds me of little'un wanting santa to bring him a cuddly rabbit as a bedtime toy. Innocent me googled 'rabbit' bedtime' and 'toy' and found myself perusing various battery operated gadgets.

 

Payslips - I sent them last time. They don't ring me at work cos I told them not to.

 

SAR is there only one template available or are there several - cos I don't want to get it wrong.

 

I will send this and a letter asking to pay £10. Should I tell them that I pay £110 to Barclays cos they might not like that.

 

In my I and E statement, I did not put down the BC payment and is should be up for review this month. So put 'under review' or some such thing.

 

M and M, I used the I and E form you suggested. They then asked me to fill in their own form so I transferred the figures.

 

Have kept a copy.

 

Off to bed now - 'hot water bottle' want to go to bed!!

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"rabbit on steroids" :D Love it!

 

reminds me of little'un wanting santa to bring him a cuddly rabbit as a bedtime toy. Innocent me googled 'rabbit' bedtime' and 'toy' and found myself perusing various battery operated gadgets.

For the benefit of other members we will understand the word "perusing" when it comes to, (as the OP said) refering to the famous "rabbit" and "other gadges" as bought from shops (usually online) and usually promised to be posted in a "plain packaging".:p

Perusing Definition | Definition of Perusing at Dictionary.com

pe⋅ruse

 

 /pəˈruz/ Show Spelled Pronunciation [puh-rooz] Show IPA Use perusing in a Sentence

 

See web results for perusing

 

See images of perusing

 

–verb (used with object), -rused, -rus⋅ing. 1. to read through with thoroughness or care: to peruse a report. 2. to read. 3. to survey or examine in detail.

HENCE any of you with "a dirty mind" we have now established that all the OP did was to "survey or examine it in detail" and nothing else. :D

(Note to OP: Please try and refrain from giving members who read posts from using their imagination and possibly resulting in a heart attack. Thanks. :p)

SAR is there only one template available or are there several - cos I don't want to get it wrong.

http://www.consumerforums.com/resources/templates-library/48-bank-templates/110--data-protection-act-1998-subject-access-request-

 

Note: Paragraph 3, the word Limited is spelt wrong as Linited. You may wish to correct this typo error.

I will send this and a letter asking to pay £10. Should I tell them that I pay £110 to Barclays cos they might not like that.

Information to confirm that what I told you about the OFT Guidelines is correct then goto http://www.consumerforums.com/resources/templates-library/86-debt-collectors/527-oft-debt-collection-guidance, click on Physical/psychological harassment and find (f). which gives us:

Physical/psychological harassment

 

2.5 Putting pressure on debtors or third parties is considered to be oppressive.

2.6 Examples of unfair practices are as follows:

f. pressurising debtors to pay in full, in unreasonably large instalments,

or to increase payments when they are unable to do so

 

In respect of the latter part, I would have thought you had declared you were paying £110 to Barclays to them!!!!!! (Whether they like it or not, in the start it was suggested that to Marbles you can actually photocopy the agreement you have with Barclays, cover the sensitive information (as that is none of their business) and send it in as proof to show how hard up you are. In short, Creditors when it comes to collecting money are like a husband or wife, that have no trust in the other party and even if the other party does a lie detector test, they will still believe you are lying and exaggerating in your disclosure of outgoings. Hence, you are doing yourself no favour by trying to be angelic and making sure you are 10000% correct. They will still believe you have exaggerated.

 

So....... my suggestion (again my opinion) is to send a letter to Marbles. Tell them that you had omitted the BC payment which, as it is under review you did not know if to declare it or not. As it can be seen it is a substantial payment per month. Considering this BC payment, considering that even paying £5 a month you have found it hard to live as you do have a family to look after as well, that in consideration with the OFT Guidelines (as stated above....... quote the guideline) you would prefer to stay on £5 a month but considering that Marbles have been kind enough to freeze the interest (NOTE: This (regarding the interest) is added so that unless they write back contradicting this then you do not really have to ask if the interest is frozen or not as they have indirectly confirmed the interest is frozen) and in appriciation of the fact that last year they had agreed to a £5 monthly token plan then, at a stretch you believe that you can possibly offer £10 a month token payment. More then this, is in your opinion, impossible.

 

In my I and E statement, I did not put down the BC payment and is should be up for review this month. So put 'under review' or some such thing.

Yeah! But you still include how much it is at the moment so that it is considered in how much money you have left over.

 

Off to bed now - 'hot water bottle' want to go to bed!!

Remember to take the torch with you so that you can "peruse" the "rabbit" in fine detail. (Ironically, my ex girlfriend used to do the same. She must have used to do it in such fine detail usually the batteries in the torch would go flat. I am sure she should have been an construction engineer. She did not half exclaim with excitment whenever she got herself a new gadget. :rolleyes::D

 

Anyway, back to the subject...............

 

Letter to Egg with SAR on it. Reason: IF Egg are going to "play about" with the DN request then this will force them into answering PLUS then the info can be used as Slick123 said to work out charges and PPI that can be claimed back. (So an SAR to them is very worthwhile as it will have a double result).

 

Letter to Marbles (once again my personal opinion at the moment and especially so that you are not overwhelmed by too much going on at the same moment) thanking them for the offer. Drawing their attention to the BC agreement (remember IF you send a copy of this to hide all sensitive data such as "account number", "amount owed" etc etc), draw to their attention to the OFT guidelines (as quoted above) and whilst thanking them (to be polite and keep them sweet for now) making a counter offer of say £8 BUT you think you can possibly push it (but final token payment offer) to say £10 a month. (Note: Once BC and Egg/Apex are out of the way (as debt but does not mean will not be taking action (in your favour) of recouping the default charges and possibly PPI) THEN can send a CCA to Marbles and even possibly and SAR to them. BUT once again, this is my personal opinion and obviously you can do as you wish or as others propose).

 

BC (again my personal opinion) is to wait for the CCA application reply. It is now the 22nd and they had till the 24th (Again I would suggest waiting until post delivery on the 29th to ensure nothing in the post due to Christmas postal delay. 29th Dec, MAY sound 5 days from the 24th but, most of the time is really festive holidays so really it boils down to only 1 extra day of waiting). THEN you can take it further by sending them the "dispute and default under no reply to a s.78 application template". As soon as you do that, then you can straight away go for the SAR to start establishing what money you can recoup from them.

 

Apex, well tough luck to them. They bought the debt from Egg. Egg is playing up. As already said, the fact that Apex are so keen to accept an f and f settlement to me says "Something fishy here. Is it an unenforceable debt in the first place"???? So I would make them wait until Egg is sorted.

 

I KNOW that this thread is really about Marbles BUT, just gave you a quick recap (again my opinion on how I would proceed and does not mean that everybody may agree with it. Furthermore, you are free to consider the above and make up your mind).

 

Have a nice day.

Edited by nick20045
Forgot the quotes.

If I have helped you or made you laugh by some witty remark and brightened your day................ the scales to click are over to your left hand side. :D:D

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I agree with Nick and MandM on the above posts, and making all contact in writing creates a paper trail for your file where the creditors are held to what they have written. And if the weather is snow like we have here in Ayrshire you will need Hubby and the hot water bottle.:D;)

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D, can you re-cap here and let us know where you're upto with this.

 

Thanks,

 

M


________________________________________________________________

ALL unsolicited PMs and E-mails should be posted up - Not all on CAG are who they appear to be

 

 

My views are my own. If in doubt, seek professional advice. If I can help though, I will. CAG helped me!!

 

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Am drafting a letter to tell them that I am currently to tell them that I cannot pay them £26 a month - they based this on a pro rata calculation they carried out which assumed that I was paying nothing to Barclays.

 

In reality, I pay £110 a month to Barclays. I thought this was supposed to be reviewed so putting 'under review' on the I and E form. I should have written £110. And I didn't put the overdrafts down. However, the money I have for non priority creditors is £80 so there is no surplus. This could change if I put the Barclays account into dispute I suppose......they haven't got back to me yet although I sent for CCA on 7th Decemebr.

 

So I will now need to re-jig my I and E form and send another copy to Marbles. As they will not make an agreement if there is nothing to make an agreement with!

 

I am also thinking of sending them a SAR. Bt should I send off for a CCA first, do you think?

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Hi D,

 

There's no reason why you can't ask for both.

 

Is there anything on this account that may also be relevant - charges, PPI etc. I'd cetainly send CCA request though. Without looking back, how old is this one?

 

M


________________________________________________________________

ALL unsolicited PMs and E-mails should be posted up - Not all on CAG are who they appear to be

 

 

My views are my own. If in doubt, seek professional advice. If I can help though, I will. CAG helped me!!

 

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