Co-op debt advice

[junior232]

Hi

 

I currently have a debt from CO-OP which was passed on to Phoenix debt collectors then on to Fredrikson. I was making regular payments in each month until about 4 months ago when i stopped paying because i couldnt afford the monthly payments.

 

What i would like to know is, i owe £1000 in total for the debt, how low do you think fredrik debt collectors would accept to clear the debt as a full and final settlement?

 

Also i am aware if any reduced offer is accepted by fredrik they will mark my credit file as partial settlement, what is the difference between full settlement and partial settlement and how would both affect me in the long run?

 

Any help will be appreciated.

[dx100uk]

no diff any negative marker needs removing if you settle it, only settled will do!

 

however

 

tell us more

 

what type of debt is this and it s history

 

dx

[junior232]

Hi,

 

Well the debt was for a student account i had with co-op a couple of years ago, i didnt make any payments in to the account for a year so they closed it and passed it on to phoenix debt collectors, i was paying phoenix £40 per month while i was at university when i graduated i couldnt keep up with the payments and sent them a letter to reduce the payments but they stated they didnt receive any letter my mistake was i didnt send it by recorded delivery. I didnt pay phoenix for about 3 months and they sold the debt on to fredrikson's, i checked my credit file and phoenix left a default on my credit file.

 

At the moment fredriksons are contacting me day and night for the money because i have stopped paying them, i was on a repayment plan of £10 per month but i cant afford that now, so i just wanted to know if they would settle for a reduced amount, i have read around and if i am right debt collectors accept a certain percentage of the total amount as a full payment to clear the debt, what i would like to know is how much i should offer them for a debt of £1000?

 

So if a partial settlement note is entered on to my credit file that wouldnt make any difference from a fully settled note on my credit file?

[firstship]

Jr232...........Hi...........is the Phoenix...........Phoenix Recoveries UK Ltd??????????I appreciate Fredricksons are trying to collect the money.When you answer DX100UK questions then the F&F route can be determined,F&F you have to be very careful what you ask for..................FS

[junior232]

It has been about a year and a half since i dealt with phoenix, i need to check my letters for the full name of the company. firstship, Im curious as to why you have stated you have to be carefull of what you ask for?

 

Dx100uk.....if you need any more info please let me know.

[dx100uk]

only settled will do a or a total removal of all neg info

 

as this has been sold on several times

 

have you cca'ed the fleecers?

 

i'd pay no-one anything until you know they have the legal paperwork to demand money from you.

 

as for the markers etc

 

how old is this debt and when were the markers put on your cra?

 

dx

[firstship]

dx100uk has answered why I say be careful what you ask for.............only go for settled or total removal,when offering F&F,otherwise the F&F will be accepted with luck and then 6 months down the line another DCA will try to claim the balance......................FS

[junior232]

Hi,

 

Ok so only settled will do, so can i make an offer to the debt collectors and if they accept get them to put it in writing that if i pay the account will be settled on my credit file? i cant pay the whole balance which is why i am trying to pay a reduced amount and clear the headache.

 

I did send co-op a S.A.R a few months ago they didnt respond and then two weeks ago i sent them a template letter from this forum giving them 7 days to respond for my S.A.R still nothing back from them, what is my next step? I sent both my letters to the following address by recorded delivery and they have been signed for:

The Co-operative Bank PLC

PO Box 200

LEVEL 2

Delf House

Southway

Skelmersdale

WN8 6GH

[firstship]

The reason I asked in an earlier thread about Phoenix is that if it is Phoenix Recoveries (UK) Ltd who are based in Luxembourg and Fredriksons is one of their UK cronies who act for them,and Phoenix usually BUY debts.However CO-OP should have replied to your SAR.Contact them one more time confirming that they signed for the SAR and your subsequent template non compliance letter and you have confirmation of their receipt of the 2 letters,and you will be placing their non compliance with OFT and FOS,should their Data Controller not contact you within 7 days.To answer your question regarding the DCA yes you can make them a F&F start with a very low offer,before you do just confirm who you are dealing with and who owns the debt.Still send the letter to CO-OP............FS

[junior232]

Hi,

 

Even if i do send them another letter i doubt they will respond, so far they have had since august when i originally sent my first letter to respond to my S.A.R so i would like to go to the next step with this? i have contacted FOS and they referred me to the Information commisioners office, what if i contacted co-op by telephone?

 

I appreciate your help firstship, i cant find any letters from phoenix so i cant tell you the full name of the company but what i do know is i used to contact them through an uk phone number.

 

Dx100uk...........i opened the account in 2007, in 2008 around may time co-op closed the account and i went into a repayment plan with phoenix around june 2008. The default date is showing on my credit file in december 2008. Im positive neither co-op or phoenix sent me a default notice letter, i think thats why co-op are not responding to my S.A.R request.

[firstship]

OK understand you are not sure about Phoenix,did you refer co-ops lack of response to your SAR to the ICO as the FOS suggested??????????The co-op address you are using is the correct one,do not phone them is my advice...........they would be unlikely to not write to you regarding your SAR because of a Default Notice issue,when did you last hear from Fredriksons and what did they say??????........FS

[junior232]

The last time i spoke to fredriksons was in august and they were chasing up a missed payment, ever since then i get regular texts every day to my phone asking to call them. The advice from FOS was to fill in a ICO complaint form online which i havent done yet.

[dx100uk]

the default could prob be several missed payments, after 6 the CRA's mark it as 'D' automatically.

 

why type of credit was this BTW?

 

and have you cca'ed the latest fleecers?

 

dx

[junior232]

It was a student account with an overdraft. I havent cca'ed yet, when sending the cca how much postal orders should i include? also what can i do about the sar request?

[dx100uk]

no point in cca you dont have a credit agreement for most banka/c's unless you signed one?

 

sar is 40 calendar days

 

dx

[junior232]

I applied for the account online and i can remember them sending some forms i did sign!! i sent my S.A.R to co-op in august, Its been over 40 days, i sent them a template letter from this forum two weeks ago giving them 7 days to respond and no reply what so ever. What are my options now?

[junior232]

Hi,

 

An update to my S.A.R request. I received a reply from CO-OP today with all th information i requested. Just to re-cap what is going on with this account i will explain my situation fully.

 

I opened the co-op student account in november 2006 with an overdraft facility, Around january 2008 co-op sent me a letter stating they have closed the account and giving me 14 days to repay all the money i owe them. Around march 2008 co-op passed the debt onto a debt coolection agency called phoenix and i entered monthly payment arrangements with them. In july/august 2008 i couldnt afford the monthly payments and i didnt make any further payments to the debt collection agency. In january 2009 the debt was passed onto fredriksons debt collectors who are now claiming to have legal rights over the debt. In december 2008 a default was recorded on my credit file by either co-op or phoenix debt collectors, from what i can remember it was co-op's name agianst the default although i am not hundred percent sure, last time i checked my credit file was a while ago.

 

I have had a look through everything and apart from statements, co-op sent a letter notifying me about my student overdraft increase and a letter notifiying me about a password change and they also sent a page detailing what letters were sent out to me. I cannot find anything which shows a default notice was sent to me, which confirmed my suspicions i was never sent a default letter, all that was sent was a formal demand letter that i repay all the money i owe co-op, please find this below, maybe someone can have a look at this and tell me whats weird about this.

 

TWO THINGS I WOULD LIKE TO ACHIEVE IS REMOVE THE DEFAULT AND PAY OF THE OUTSTANDING BALANCE BY OFFERING A REDUCED AMOUNT.

 

 

 

[dx100uk]

i would suspect they [the co-op] informed the cra's over a series of a few months that payment was not being made

then it went '8' or 'd' by the nature of the automatic cra system.

 

pers i'd get a free report from a diff cra

 

i doubt very much you will get any luck in getting the default removed.

the only way might be to offer the dca an f&f [very very low too] with the condition tat all negative markers are removed as a condition.

 

else it'll be £1 PCM for the rest of your life mr DCA!

 

dx

[junior232]

but cant you get a default removed on the basis i didnt receive any default notice?

[dx100uk]

you are missing the point if it was an automatic one by the cra

 

dx

[junior232]

Ok, so what you are saying is the default placed on my credit file is correct?

 

I understand what you mean if 6 payments are missed the credit reference agency places a default automatically. So is there no way of getting this default removed? seems pretty unfair

[junior232]

I understand what you mean, if 6 payments are missed credit ref agencies automatically put a default on credit file.

 

So what you are saying is this is correct? is there anyway of getting this default removed

[dx100uk]

is the debt and the dafault [if named sep] in the co-op's name still

 

if it is, it might well help everyone here to write to the cra concerned

inc the stuff you have above from the co-op

and ask the cra why is there a default marker on my file when the co-op say they never sent you a default notice?

 

could be an interesting repy.

 

dx

[junior232]

Hi,

 

As far as i can remember although im not a hundred percent sure the default is in co-ops name or it could be phoenix, i am currently negotiating with fredriksons who have bought the debt. When the account was passed over to phoenix debt collectors in may 2008 i paid for a few months and then i stopped paying them for a few months, then the default notice was registered on my credit file in december 2008.

 

Fredriksons could turn round and say "we never put the default on your credit file if there is one it wasnt us who put in on there" so would the default lie with co-op and i have to discuss it with them?

[dx100uk]

post 23

 

dx