Starting up my own DMP from scratch...

[baz1986]

No i was not aware their was a letter on here, if you dont mind can you post it up and that way i can send it first thing Monday morning

[scoobysnaxx]

Hey Baz! Well done...really pleased for you!

xx

[baz1986]

Hey Scoobysnaxx thanks for your support, i have 60 days now to accept the full and final settlement, but i am going to use these days now to get onto them to try and get a settled on my file, How is your situation coming on?

[Tingy]

This is one of several on my computer:

 

Name And Address.

 

- HARASSMENT WARNING -

 

WARNING: PROTECTION FROM HARASSMENT ACT 1997

 

WARNING: COMMUNICATIONS ACT 2003. s127.

 

Telephone Number: Your Telephone Number Here

 

Re: Harassment by Telephone

 

Date

 

Dear Sir/Madam

 

 

Your Reference:

 

 

I am writing in relation to the telephone calls I have received from your organisation, which I deem to be personally harassing.

 

I now require the telephone number listed above to be completely removed from your systems.

 

I am of the view that your calling puts you in breach of the Protection from Harassment Act 1997.

 

This is a private telephone line, operated on a contract with the intention of receiving and making personal telephone calls, I have not authorised anyone to receive calls from your organisation using this PRIVATE TELEPHONE LINE.

 

By using this telephone number without my permission you are interfering with my ability to use my own private property for the duration of any call.

 

It is my right to require that this telephone line, which is licensed solely to me, be kept clear for my own personal calls.

 

It is consequently my view that you are committing the tort of interference with contract insofar as for the duration of each call you make to me without my permission, you are interfering with my contractual right to receive and make personal calls on my private telephone line.

 

Continued interference with my contractual rights in this manner will result in legal action.

 

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to the Office of Communications, Trading Standards and the Office of Fair Trading, meaning that you will be liable for a substantial fine.

 

Be advised that all telephone calls from your company are recorded.

 

 

Kind Regards

 

Type Your Name Here

[baz1986]

Brilliant Tingy thanks for that, now will i have to send one for each of my numbers they have for me for example my mobile and work or can i just list these on the letter?

 

 

[Tingy]

Hmmmmm...... I don't know as I've never sent one. I can't see why you can't say in one letter that you're being harassed on all numbers they have for you which are a, b and c. Try one letter - if it doesn't work, then send one for each separate number.

[baz1986]

Yep i have a plan i am going to do two letters with just one number on each but i am going to put it the same envelope so dont have to pay for two stamps!! Thats my plan for capital one then, I am refusing to fill their 6 page form in and send them my wage slip, So will send them the amount i stated on the Income and Exp form that i sent them.. I have now got online banking aswell so i can manage all my standing orders myself and i can use that as my proof of paying!!

[Tingy]

Excellent! Being so intelligent I never thought of putting two letters in one envelope! lol

 

Definitely do not give them the pleasure of filling in a six page form, that's absolutely ridiculous. You pay what you can afford, simple as. If they don't like it, then they can take you to court where the judge will see you're paying what you can afford and not be very pleased with them.

[baz1986]

Okay Tingy just watched the motor racing so now putting in a shift in letter writing, Right harrasment letter printed and in envelope waiting to be sent, 1st class or recorded?

 

Need some help off anyone now with regards to confirming to capital one that i will be continuing with what i can comfortably afford to pay them which is 10 per month and that i am not going to send back the wage slip, Anyone have a letter template for this?

 

 

[baz1986]

[ATTACH=CONFIG]26751[/ATTACH]

 

Have invested in a scanner, Thought i would post up the 6 monthly statement i had from my fav bank,

[baz1986]

Sorry for a few post but when i get focused i really go to town,

 

Any suggestions on the letter below:

Dear Sir/Madam

 

 

i write with reference to the money which you are claiming on the above account. I have sent you a letter on the 23rd March asking for you support in the money that I owe which currently sits at £372.16, I have sent you communication regarding how much I can pay which at the moment is only £5.88 per month, I spoke to one of your representatives and they advised me that the debt will now be passed on to an external company, I would like you to seriously consider my offer of Full and Final payment as the original debt was £265 and has now gone up to £372 as charges has been applied.

 

i can confirm that we are unable to offer to pay the money which we owe in full. . However, I can raise £125 and I want to offer this as an ex-gratia payment in full and final settlement of the account. This offer is made on the clear understanding that, if accepted, neither you nor any associate company will take any other action to enforce or pursue this debt in any way whatsoever and that iwill be released from any liability.

 

i also request that, if accepted, you will make an entry on a credit reference agency file relating to the above account as having been paid and the account closed.

 

Payment can be made within 14 days of receiving your written agreement of this offer and method of payment.

Yours faithfully

[Tingy]

Hi Baz,

 

Just taking a quick lunch break from welding my motorhome!

 

1st class is fine as long as you get proof of postage - this is all a court needs, receipt is assumed. Many however will say recorded for your own peace of mind so you have a signature. I always get Proof of Potage, but then I'm stingy!

 

As regards your letter, just keep it very simple:

 

Dear Sir,

 

Thank you for your letter dated dd/mm/yyyy. I have already supplied you with a copy of my Income and Expenditure and can inform you that my circumstances have not changed. I will therefore be continuing to pay the £10.00 per month I can afford. You do not therefore have any need for a wage slip.

 

Yours sincerely,

 

 

 

 

To whom is the letter going that you have written? Have they been nice or nasty? I can see they've added plenty of interest so initial signs are not too good.

 

I'll be back on later tonight if I'm able to move still. I am aching in parts I didn't even realise existed! lol

[baz1986]

Hi Tingy well tbh with you i dont think they have my mobile number so they havent been onto me over the phone but have sent me plenty of letters informing me i owe them money and it keeps going up and the creditor i owe is for my overdraft at my favorite bank..

 

Will speak to you later

Baz

[Tingy]

I'd be inclined to put in somewhere that your F&F is 47% of the original debt which is a high percentage for a F&F. I'd also point out that under all debt guidelines they should long ago have stopped applying any charges or interest as you have been quite open with them about your financial difficulties.

[baz1986]

How you feeling after doing all your work on the motor home weather has been scorching here in sunny wales lol

 

Yeah i was thinking on those lines i did offer them 35% so i think if i basically offer them the 47% and go from their, Question though can they just send me letters saying i owe them more every time yet they haven't given me a breakdown of how it has gone up, just that i now owe them x anount please ring us asap?

 

Should i just send the basic F+F off or shall i bit about already sending them a F+F?

 

Oh yes and is it cheeky to send back my replies to capital one in their ow pre paid envelope regarding stopping phoning me im sending that letter you posted yesterday?

[Tingy]

Well I live in sunny Wales, so as you will know its been very hot. You are certainly entitled to a statement of account, and indeed they should by law be sending you at least one every year. If you ask, they should supply this information free of charge.

 

As to using their own freepost or prepaid envelopes I think it's very sensible.

 

As for my aches and pains I've had a long soak in the bath, but am still in pain. I really ought to remember I'm not a teenager anymore.

[baz1986]

I have already contacted you regarding a full and final offer that was rejected, I would like you to re consider the amount that I can settle the amount with, I hope that we can come to an agreement as I do not want this debt to spiral with fees and debt collector fees , The amount originally was £265 and has now risen to £372. My circumstances have changed and I like you to serious consider this for the best of both parties.

i write with reference to the money which you are claiming on the above account.

 

I can confirm that we are unable to offer to pay the money which we owe in full. . However, I can raise £152 and I want to offer this as an ex-gratia payment in full and finaland that i will be released from any liability.

settlement of the account. This offer is made on the clear understanding that, if accepted, neither you nor any associate company will take any other action to enforce or pursue this debt in any way whatsoever

I also request that, if accepted, you will make an entry on a credit reference agency file relating to the above account as having been paid and the account closed.

 

Payment can be made within 14 days of receiving your written agreement of this offer and method of payment.

If you are not willing to accept this offer then I request that you send me a full breakdown on this account, Late fee charges, Interest charges and when Albion collections took over my debt.

 

I look forward to receiving your reply.

Yours faithfully

 

 

This is the letter i intend to send to my overdraft account, Any suggestions and thing i could add or make better?

[baz1986]

Sent the above letter, posted all my letters today another productive day! Had a 6 phone calls from Capital One today, God i hope they listen to the letter of harassment!

[Tingy]

Hi Baz,

 

I don't really know what you could add to that letter other than possibly references to good debt collection legislation, but Halifax are one of the worst to try to negotiate with and are usually pretty inflexible. I'm not for one minute trying to put you off sending a letter to them, but I just want to warn you not to get too excited about a positive outcome. I'd assume you'll probably get a negative and then anything better is a bonus and I sincerely hope I am proved wrong.

 

If they are inflexible though, I do think you should take punitive steps against them.

[baz1986]

No not going to penalise them and from dealing with my fav bank i dont expect anything less than a standard computer generated letter back...BUT i am going to penalise them with my loan i am only going to pay £1 a month until they come up with a proper plan to clear my loan with them, if i continue to pay them what i do and they continue to add the intrest they do i wont pay them for 755 months, Do you think this is the best possible route and use the money i have that i would normally pay towards that on other debts?

[Tingy]

I think that is fair enough, but I would put in a complaint to the OFT about their lack of adhesion to the debt collecting advice / legislation. If y ou drop your payment to £1.00 as you're planning I'd also heed any letters regarding court action etc... though I know you would quite like this one to go to court. Personally I'd sit on the money you have been paying them for a little while in case they change their minds (flying pigs spring to mind!) as if you distribute it among your other creditors you won't have anything spare to give to the Halifax.

 

I would also make sure that you don't spend the money as you may be able to use it towards a F&F on something if not needed for Halifax.

[baz1986]

Yeah good shout once again Tingy i will keep it in my draw by the side of my bed and use that as offers for Full and Finals , See this is why i keep posting because i would not think of that i would of just payed a creditor a £100

 

Anyway i have requested from Halifax two things that i have an official complaint raised which i already thought i had but by all accounts i didn't make myself clear that i wanted a complaint to escalate and also a letter confirming that they are unwilling to atop the interest, Awaiting these as these will be sent to the F/O.

 

Do i have to wait for the 8 weeks they have to resolve my issue before i can contact F/0

[baz1986]

Okay received the letter from my favorite bank, but it seems a little bit dodgy to me, In one hand it tells me that they are willing to help me me and are sympathetic and in the next breath they are telling me that they will send my account to the collection department...

 

Argh well will just keep paying the £5.88 hopefully they will accept my F+F

 

I have scanned the document but it is way to small how to i make it readable on here?

[Tingy]

pm dx and he will tell you how to make it bigger. I would not trust the Halifax one inch - i know several people who are having serious problems with them at the moment and they seem to think they are a law unto themselves. Hopefully the complaints will keep going in and some action will be taken against them.

[baz1986]

Thanks for that Tingy, I think my plan with the halifax is to get as much information from sites like these and cases from the website and just keep saving the links etc and when/if they take me to court i can give them examples of bad practices and cases of not supporting people in difficult situations!

 

Had my confirmation full and finals from MBNA X2 cards and once paid i will be saving 3.5k but i wont be happy until i can get some luck with removing the default/partial settlement

 

Have tea now and letters will be commenced ready for the post tomorrow!