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Hi I have a debt that Lloyds has passed on to these people, I had the yellow card saying to contact them, I did unfortunately!and they wanted the usual imediate payment which i could not do, however they phoned back a few days later with a reduced offer, lump sum of £2995 to settle the outstanding £4595, i had some moneyfrom a relative and was willing to pay, the problem was they would not send me a letter in writing that stated "neither them or an associate company would continue to pursue the debt" it just mentioned that they or Lloyds to would not pursue it, I spoke to a debt charity and they advised not to pay as it did not have this wording and they could sell on the debt (they had encountered a number of people recently that had thought they had settled their debt but were being chased again as it did not have that wording). I have now recieved a letter with a copy of the land registry for our property threatening to take me to court to put a charge on the property or declare me bankrupt. The debt is 10 years old and i had been paying the bank a set amount each month i did miss a payment and this is when it got sent to these guys,is it likely they can pursue the debt down this route? should i CCA them or is it to late?

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What type of debt is it?

Anthrax alert at debt collectors caused by box of doughnuts

 

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Vir prudens non contra ventum mingit

 

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17 Port & Maritime Regiment RCT

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Send them a CCA request to see if they are entitled to collect this debt & if it's enforcable. If they fail to provide it within 12+2 days or the CCA is unenforcable you can legally withold any payment until they do. Send it recorded delivery enclosing a £1 postal order. When you get a reply, scan it & remove any identifying details and post it back here where we can have a look at it. We'll advise you from there;

 

 

Dear Sir/Madam

 

Re:- Account No: XXXXXXXX/Your Reference Number: XXXXXXX

 

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 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 postal order 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.

 

You should also note that I will only discuss this matter in writing and should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you or any of your associates.

 

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance. (Optional addition)

 

I look forward to hearing from you.

 

Yours faithfully **Edit to suit**

Print name do not sign

 

 

 

Don't worry about their empty threats, this is a long way from any court action & they would need to have acquired a CCJ which you had defaulted on before they can go down the bankruptcy or charging order route. ;)

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

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chances are if they have already offered a settlement figure then they dont have any paperwork - and your right the ususal bullying and threats from these fools

PGH7447

 

 

Getting There Slowly

---------

 

Advice is given freely but is in no way meant to be taken as Gospel:-)

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Whichever is pleading for your hard earned. ;)

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

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