Card & Loan: Should I make a Full & final offer

[canwecleardebt]

Hi, newbie here, been advised in another forum thread to start individual threads for each of our debt issues:

 

I need help please regards making a full & final payment offer on unsecured debt.

 

My wife has a Lloyds credit card & also a personal loan: We recently entered into a joint Debt Management Plan with PayPlus as our combined debts, though comparatively low to a some here, were getting on top of us and we wanted to be proactive instead of reactive. The plan is with Payplus and not direct with any creditor.

 

The status of the dmp offer is:

 

Lloyds TSB credit card £4,095 £41.78 (accepted)

Lloyds personal loan £3,599 £36.72 (rejected)

 

Up to the point of the DMP my wife had not missed a payment at any time

but we are due to come into a lump sum after selling the house which is in my sole name.

 

My questions:

1. Should we be considering a F&F offer?

2. What kiind of %offer should we make, especially considering unsecured?

3. Due to never defaulting are we greatly disadvantaged in making an offer as they will see us as 'good payers'! and refuse ?

 

I wont post too much info now, instead I will post if more info requested but thank in advance for any help offered.

Original thread I posted with full DMP creditor list can be found at:

http://www.consumeractiongroup.co.uk/forum/debt-management-debt-self/267091-help-needed-ref-making.html#post3033981

[dx100uk]

firstly as with all the offers of F&F you might make

you need to do two things

 

1.regardless to its age, you show still CCA the creditor

2. look to reclaim any unlawful charges &/or mis-sold PPI first

 

if you are unsure you have either, then it might well be an idea to SAR Lloyds

 

this will give you everything they hold over all a/c's on that person, it will cost £10.

 

and i know it sounds strange, but you are probably in a better position to get a low F&F accepted because you have been 'good payers'

 

pers i think you should SAR them.

 

unless you DEF know you dont have PPI & don't have any unlawful charges

 

dx

[Undercover-Elsa]

Hi,

As dx says, I would definitely start by sending a CCA request to each one, except the overdraft.

If they fail to provide a valid agreement (and many do fail), it puts you in a much stronger negotiating position as they will be aware that they cannot enforce the agreement in Court. Bear in mind that they sell on such accounts to debt collection agencies for circa 10%, so don't offer much more than that. Or you can choose not to pay at all, if there is no agreement or if it doesn't contain the legal prescribed terms.

Once you get the agreement/s back you'll need to scan them and post them on here for us to check them (removing personal details).

 

Kind regards,

Elsa x

Edited July 17, 2010 by Undercover-Elsa

[canwecleardebt]

Thanks for the advice to date. I have prepared my CCA letters using one of the CAG templates for such, just gotta get the postal orders to send with.

 

With that in the pipeline, as we have previously never missed a payment we have had no unfair charges (I assume late payment or charges for letters sent etc). Apart from maybe 1 of the 5, I don't think there is PPI in force, so with expectancy of negligible savings I'm inclined to forego chasing these aspects unless there is strong reason to (ie it enforces my position etc for full & final etc).

 

Dx, you did say in my original post you could not understand my logic as it was only £17,000. I'm not sure what you meant, are you able to expand at all?

[canwecleardebt]

Just going through the paperwork from Lloyds again, and its evident they are either trying to confuse the hell out of me or don't know what they are doing at all.

 

11 December - reply to my letter stating financial problems and will not freeze payments.

29th December - two separate letters from same person, firstly sending form in response to financial difficulties we advised so they can assess and the second chasing payment and asking them to contact them if we are in difficulty!

 

I could accept if different depts but it is probably digitally signed by same person so they obviosuly do not manual audit etc of automatic letters etc and definately don't update the account details to flag it.

 

30th December - day after the last 2 we get a letter telling us we are overdue and the account has assed to the collections team and to contact them if in difficulty. Also states they wil charge £12 each period which I need verify iof they have been.

 

5th Jan - finally get letter acknowledging ad DMP is in place.

15th Feb - letter stating we have not responded to their attempts to contact us regards missed payments. They had plagued us with calls from whatever part of world it was with foreign speakers and I iterated each time a dmp was in place and we had acknowledgement from them. It seemed not to go into their heads.

 

They finished off by stating if we did not pay full outstanding amount they would start slapping standard rate fees on top.

 

I think I'd better dig my wifes last couple of statements out to see the charges, I have stupidly left it a little since starting the dmp with Payplus. I am learning

 

Are Lloyds really so inept and where does that leave me? Apologies for long post.

[dx100uk]

 

Dx, you did say in my original post you could not understand my logic as it was only £17,000. I'm not sure what you meant, are you able to expand at all?

 

????? where

 

...................

 

yes lloyds are sadly rather bad toward customers that cant pay what they want you too.

 

makes me laugh.

all these silly train adverts costing £170'000 each time

yet you go into a branch, and speak to one of these 'we are here to help, come talk to us pople, that make all the right noises but it changes jack all

 

you still get 5 dead phone calls a day and heaps of unlawful charges.

 

BTW: you keep saying payplus? you mean payplan i hope?

 

dx

[canwecleardebt]

Hi, yes sorry PayPlus {wasnt a good start was it}. In my orignal thread as referred to earlier in this one, about 5th post down.

Thanks

[dx100uk]

so is it payplus or payplan

 

who is payplus?

if you are paying a fee to them to do this work dump them.

 

cccs and payplan do it for nothing

 

dx

[canwecleardebt]

Sorry, what I prat I am, I checked before posting and still typed it worng. You are right, its payplan. I pay them £10 I think to cover my payments, something like that as thought the creditors would be more amicable if I showed effort to continue payments.

Not overly impressed with them since they were of mind to not liaise with those creditors who have continued interest (Halifax & Lloyds) saying I have to accept they may not. I accept that but to not 'try' discuss is dissapointing.

 

Regards using Payplan, as I have sent the CCa request should I tell them so they know I have dialogue going on with the creditors? I hadn't planned ot tell them.

[dx100uk]

no dont tell them.

 

strange as most times they do get the int stopped.

 

but do bear-in-mind even though they and CCCS are charities, they are still funded by the banks!

they set them up in the first place!!!

 

dx

[Undercover-Elsa]

Just shows what pr*ts they are.

"Talk to your Bank if you're having difficulties"

My ass!

The harder you try, the less they help.

The only thing that concentrates their mind is stopping paying altogether till they default and terminate, then miraculously the interest (usually!) stops. Why can't they help and do it earlier?

Elsa x

[Tartan Barty]

Yep agreed, I have a loan and cc and they stop and start interest at will. They wouldn't even accept my monthly offer because it was higher than my I&E said was available. As soon as I made a f&f on the loan they shut both the loan and CC accounts and have passed the loan onto moorcroft....still waiting to see which unlucky DCA gets an unenforcable CC account

[canwecleardebt]

Hi, been a long time and essentially I just wasn't on the ball in keeping on top of my dmp, choosing to simply let it toddle along as I could manage it. Now I can't as I have left my job and have no income to pay it with.

 

I received my cca from LLoyds but they have predicatbley carried on with interest payments the whole dmp period, taking approx £20 of the £41 I'm paying every month. I kinda think, why bother if they're gonna do that!

 

I can make an F&F offer as I'm happy no PPI & unfair charges have been added (exccept above said interest during dmp which they say entitled to add) so what would people suggest? The total Lloyds debt is approx £7.5k

 

Thanks

[canwecleardebt]

Hi, my wife has now received a default notice from Lloyds and I need advice on what happens next, or how I should respond to them.

The notice is served under sectrion 87(1) of Consumer Credit Act 1974 stating I have clause broken 2.1 regards payments.

 

There seems no reasoning with these people since nearly every letter I get is addressed from a diferent PO box and I have had NO replies from my letters sent in return, even when I have enclosed copies of my past correspondence to them. They have ignored all requests, including my Full & final offer. Do Lloyds do this simply to confuse, bully and frustrate you????

 

I cannot see how this wont just continue until they either sell the debt to a DCA or start ccj proceedings themselves, I have no idea and would like advice please.

[Undercover-Elsa]

Hi,

I'd ignore and let them get on with it, keep up your Payplan payments for now (they shouldn't go to court whilever you're with Payplan) then check to make sure the interest stops after it's defaulted. Not quite the right time yet for an F&F, in my opinion...DCA's are more likely to consider it...and the more desperate they are the less they're likely to accept.

 

Others may think differently, so wait for other opinions..but it's your call

 

kind regards,

Elsa x

[canwecleardebt]

wondering if I should split my thread into credit card and loan as getting confusing. To clarify on the Credit Card side of things:

 

I sent letter dated 8 March requesting a copy of the CCA. I inadvertently, due to my own mix up sent a letter dated 15 March with a F&F offer. I heard noting back from either. I sent a chaser letter regards the F&F on 02 May. Again I received nothing in reply.

 

Then early June I receive a letter dated 31st May stating a Default Notice Served and if we are having difficulty paying then to contact them! They like to send from any numerous PO box addresses so you never know to whom you’re writing or if they talk to each other internally. Surely it all goes against same computer account!

 

I replied on June 10 stating I cannot make any extra payments except the token payments I already am via the DMP (& enclosed token payment with letter too ).

 

I get letter from Lloyds dated 16th June requesting an IE completion within 14 days.

 

I get letter dated 29 June from SCM Solicitors demanding full payment on behalf of Lloyds.

 

I then sent letter dated 30th June disputing the default since they had not complied with my CCA request, not even bothered to respond to it. I stated they are now in breach of their Section 78 duties & gave them 7 days to reply which they have not done.

 

What should I do regards their completely ignoring my CCA request and the default served after it? Should I also fill in the IE sheet?

 

Apologies of these posts are long but I thought to get best advice you need all possible info. Thanks