We have so much debt, it seems only hope is selling house!

[wilchil64]

Wilchil.........have read your thread from start to finish and with interest! Taken me hours, but great to see that with all the help and support you have had, you have done so well to date. I was a bit miffed at toymakers comments, but sadly there is always someone who oozes negativity!

Best wishes to you...... SB

 

Thanks Stonebroke. The situation is much easier to deal with now and I am so grateful to everyone here who has helped us. We couldn't have done it without them.

[Tingy]

Vic, this is what I stumbled across yesterday which I saved onto my computer as I thought it might be of use at some stage. Don't know what you will think of it, but it may be helpful:

 

http://www.insolvencyhelpline.co.uk/debt_factsheets/harassment_of_people_in_debt_by_creditors.php

 

Tingy

xxxx

[victoria_siempre]

Thanks Tingy

 

Sec 40 is very useful; the admin of justice act has had a mixed, and obviously understated, press on some threads.

 

I shall use it; criminal law is so much neater than CCA when fighting bandits.

 

xxxxx

 

v

[Tingy]

I have to confess I'd never even heard of it, that's why I asked!

[victoria_siempre]

Hi Tingy

 

If you asked about everything you'd never heard of you would be approaching search for universal truth (Rumsfeld and unknown unknowns).

 

Seriously though, there is a lot of stuff in templates that is not explained; our 'library' needs to become a knowledge base? The value of every thread is in its tail or tale or talents. It's late, but I can't afford Latte.

 

x

 

v

[Tingy]

I have to admit I tend to keep my own library on my computer and ensure it's backed up. I rarely use templates nowadays as I think most companies are wise to them. They make a good starting point and are very handy for newcomers to a topic area, but I much prefer to craft a letter in my own words based around the template. I tend to find they tend to have better responses as well.

 

Letters are among the most significant memorial a person can leave behind them. (von Goethe)

[victoria_siempre]

Hi Tingy

 

I disagree: RIP are letters. We need a more human centred and revolutionary view and I don't think your German friend was a revolutionary; I prefer " "Man is the measure of all things: of things which are, that they are, and of things which are not, that they are not" Protagoras, although I could find something more modern, notwithstanding that there is nothing new under the sun, Ecclesiastes.

 

There is a danger that that poor DCA drones paid to trawl this site might not understand.

 

x

 

v

[Tingy]

Now you're being pedantic! Indeed RIP are letters, and important ones if you believe and possibly if you don't. Having said that, I've had a lot of fun with DCA's by taking what they say literally when it is obviously not meant to be taken in this way.

 

What I was saying was I prefer my own words to templates. Templates are just that, a template. Letters (proper letters my dear pedant!) can be crafted almost into a work of art, and I've scribed a few where I'd love to be there when they're opened.

[victoria_siempre]

Hi Tingy

 

My objection was to Goethe, whom I consider a romantic. I entirely take your point about template, "the map is not the landscape" Hom, and like you, I build my own library.

 

Chill out; or we'll both the go the way of Donkey.

 

xxxxxxxxxx

 

v

[Tingy]

About to chill out - just going to bed. Hospital at 8am so an early morning - yuck!

 

Tingy

xxxxxxxxx

[victoria_siempre]

Hi T

 

Our love and prayers are with you.

 

x

 

v

[wilchil64]

Could someone take a look at the attached letter and let me know whether we need to reply and what we should reply if so.

 

The letter is from Moorcroft, debt collectors for Santander loan. The original creditor was Cahoot, taken out April 2006. Neither Santander nor Moorcroft want to accept lower payment and sent a notice of intended litigation to collect the total debt, rcvd 19/4/11. In reply we CCA'd them. Letter attached is their response to CCA.

 

Thanks.

moorcroft1.PDF

[Tingy]

Hi,

 

Cahoot are now part of Santander. Moorcroft would not take the court action. They clearly don't own the loan, so only have an equitable assignment whereby they gain the rights to try to collect the money from you. The only way they could take court action would be in partnership with Santander (now the OC).

 

I would therefore be inclined to ignore any requests for what you'd rely on in court etc.... and either do just that, totally ignore it, or send them a letter saying that as they have not yet supplied the agreement the account is in dispute and so they must, as they have, stop all collection activity on it until the CCA is produced, or a reconstitution of it. I would also go on to say that you consider requesting details of what you would rely on in court if it went that far as an aggressive commercial practice under CPUTR 2008 Part Two Section 7, sub section 2 and against OFT Debt Collection Guidance.

 

If you do respond, finish by saying court procedures will be dealt with within clear timescales laid down by the court and as you disagree with them that their suggested course of action would be helpful, you have nothing further to say on the matter for the time being.

 

Hope this helps!

[Undercover-Elsa]

Hi Wilchil

No response required. That's their standard letter when they receive a CCA Request and can't supply the agreement within the required period.

They've stated the account is on hold till they do, which is good.

 

You can safely totally ignore the other guff about identifying legal issues. Just their rather transparent attempt to intimidate you and put the idea of court (argghhh, help, panic, worry, scare.....LOL) into your head, without justification.

Just sit back and wait.

If they or anyone pester again before supplying the CCA just send the account in dispute letter.

 

Take care,

Elsa x

[Undercover-Elsa]

Ha! Morning Tingy

[Tingy]

Hi Elsa - long time no see!

[wilchil64]

Thanks Tingy and Elsa. Will sit tight and wait, see what they send. I'll post any correspondence on here.

[Undercover-Elsa]

LOL aye..time and health issues...I can't do as much on here as before but starting to pick up the threads again

[wilchil64]

LOL aye..time and health issues...I can't do as much on here as before but starting to pick up the threads again

 

It's good to see you back, take it easy.

[Bigdebtor]

W

 

I agree with every said above - just ignore this until/unless they up the ante - which I doubt they ever will.

 

BD

[Bigdebtor]

W

 

Happy Anniversary! A Year today since you started your thread! Things seem to be quiet with you just now - which hopefully is a good sign?

 

Look back and see how far you've come in the last year.

 

Good luck.

 

BD

[wilchil64]

Thanks BD and all. Things quiet at the mo. We are making token payments to all bar Santander loan (formally Cahoot), we have requested CCA beginning of May (see above) and have heard nothing else, we are not making payments to them at present (is this the right thing to do?). End of contract looming again and things up in the air so fingers crossed!

 

Thanks for your support over the year guys.

[Bigdebtor]

W

 

Glad things mostly still under control.

 

Re Santander, some advise to keep paying a token amount if account in dispute due to not sending out a CCA. However if they CAN'T find it - and can't enforce the debt at all - then that is just money down the drain.

 

I personally DO NOT PAY A PENNY to those OC's and DCA's who have still not produced enforceable CCA's. Currently I'm only paying out £5 to each of two DCA's - zilch to all others - and not even getting threatening letters any more - phone calls all stopped after the "harassment" letters.

 

One £11k card debt (Morgan Stanley) reached the SB deadline last year - with nothing paid to it for over 6 years. Others are now working towards that same goal as we speak! Perhaps some of the remaining creditors will get heavy again - but no sign of that so far. I think they are all far too busy going after easier targets and so leave us bolshy ones on the back burner - I certainly hope that's the case!

 

BD

[wilchil64]

Let's hope so!

[IainHL]

I personally DO NOT PAY A PENNY to those OC's and DCA's who have still not produced enforceable CCA's.

I would concur with BD on this one.

 

One £11k card debt (Morgan Stanley) reached the SB deadline last year - with nothing paid to it for over 6 years. Others are now working towards that same goal as we speak!

Two years down, four more to go in my case!