Can you deal a better final full discount with DCA's like Lowell etc?

[gust]

I am dealing with lowell also and can tell you that if they sell the partial on then you could have buchanan clark wells or robinsons way pressing for collection.

[somethingelseplease]

arghhhhhhhh

 

Just called Lowells again and they say they can't change the letter because it's a standard letter

 

they have noted my inquiry and passed it onto a manager who will email me another letter out today at end of business

 

They say they couldn't change the settlement to full and final because it has to be partial as that would be breaking the law

 

I told them if the letter didn't contain 'they would not sell the remains on to a 3rd party' then I would certainly go for Bankruptcy...

 

she just said 'well if that's what you want to do then it's your decision'

[BRIGADIER2JCS]

All they would need to do is show the balance as a discount.

 

BUT I know that they will stick to their answer.

[somethingelseplease]

I just can't get them to do what I want, I suppose I'll send a CCA request and see what happens after that

 

although I'll still have the hassle of wondering if the door will go or what letters will come through the door

[ims21]

I don't know why you keep phoning these people...you want to keep all of this stuff in writing only, even if it is by e-mail and make sure you keep copies.

 

[email protected]

 

If they do not put a proper agreement in writing before the event then don't pay them.

[dx100uk]

tbh i dont know why you are even bothering with the debt

 

there is obv something wrong with it

 

else they'd never offer a discount

so will never goto court anyhw.

 

why are you so hell bent on going bk?

 

and stop ringing these fleecers!!

 

that call jockey must be laughing at you with his mates

 

dx

[somethingelseplease]

Ok ok ok lol

 

I won't pay them anything and I shall request a CCA ? is that the right thing to do at this stage?

 

I have the £1 postal orders already done and waiting.

 

Just need help on the CCA request letter and I'll find the address for Lowell (bad people)

[dx100uk]

there is a cca template letter in the green library tab up top here.

 

dx

[somethingelseplease]

Yep I managed to find it and printed it out

 

on the Postal Order for £1 do I need to write anything or just send each with letter?

 

Is there any best address name to send it to or just the standard Po Box one will do?

[somethingelseplease]

Me getting in contact with them to agree a payment on the 18th hasn't rocked any boats has it?

 

I think I read somewhere if you contact them they can start the 6 years on the file again ? or something like that

 

Oh there was another thing, I did agree to give them my bank account details, long card number, expiry and 3 digit on back (which I never use and only has £5 in it) so the 50% discount would stand in agreement, I know I shouldn't have but I wasn't as wise to their tactics. He did ask yesterday If I could make a token payment of £1 and I said no

 

I have this morning since cancelled the card and no money will be able to be taken from the card cash account

[BRIGADIER2JCS]

All letters to DCSs should contain the phrase '' I do not acknowledge any debt to xxxxxxxxxxxx or any company you may claim to represent''.

An acknowledgment of a debt has to be and explicit admission of liability.

[somethingelseplease]

So is the CAA template letter an admission or would I word it to reflect what you just write Brigadier

 

Have I not acknowledge the debt anyway by calling them to confirm details etc?

 

thanks for all help

[somethingelseplease]

Just had an email for each of the accounts and this attached:

 

[BRIGADIER2JCS]

A CCA request or a SAR are lawful requests for information and

are not acknowledgments of liability, but always add that phrase.

[somethingelseplease]

I have replied to Michelle from Lowell and this is what I wrote:

 

Hi Michelle,

 

I have been instructed by my Solicitor and NationalDebtLine namely to;

 

I require written confirmation from you in an updated letter for each account that:

 

1. ALL credit reference agency files are marked ''SETTLED'',

given that this a Full and final settlement, I do not consider

partial settlement a suitable entry.

2. Any remaining balance will not be sold or assigned to ANY 3rd party.

3.The amount offered is confirmed as agreed between us and solely by us

 

Michelle if I do not receive written confirmation that this will happen when I pay the agreed 50% balance, then I have been instructed to claim for Bankruptcy. This will unfortunately mean you and other companies will be wiped clean and I will owe you nothing.

 

These debts are being paid by my family on the understanding that this written confirmation will be in their procession before payment is made. If this is unacceptable then the loan will be forfeited and Bankruptcy will be my only option.

 

I look forward to hearing from you with an updated letter for each of the accounts stated before.

 

Regards,

 

Saxo

[gust]

I just can't get them to do what I want, I suppose I'll send a CCA request and see what happens after that

 

although I'll still have the hassle of wondering if the door will go or what letters will come through the door

 

they cant knock your door unless you make an appoinment - use the letter in the library here if they threaten. http://www.consumeractiongroup.co.uk/forum/content.php?410-LETTER-USED-WHEN-A-DCA-THREATENS-A-DOORSTEP-VISIT

 

its just threats to scare you into payment if you ask me - Lowell are a joke. example - stat barred debt passed to another DCA - i tell them this and Lowell tell them some utter bollxx that i payed a payment not so long ago so it isnt stat barred. they will say anything it seems to TRY to take your hard earned

[gust]

#12 for letter

[BRIGADIER2JCS]

CCA letter Cag Library

[gust]

u need to remove the barcode scan thing

[MrHat]

That looks like a threat-o-gram rather than a letter before action.

 

"we may do this or we may do that etc..."

[citizenB]

Red are part of the Lowell group.

 

This type of letter is designed to obtain a knee jerk reaction and get people to telephone them.. which you have.. gotcha.. !!

 

Aside from the fact this type of letter is a breach of the OFT guidelines, you have been advised to stay off the phone to them. You are just stressing yourself out.

 

Their comment that they cannot change the text of the letter because it is a "template" is disingenous.. They emply humans who can draft a letter, dont they.

 

All you are asking them for is confirmation that your Full and Final Settlement will be exactly that.. Full and Final. You dont want partial settlement on your records if it is to show a £0 balance.

 

You want confirmation that they will NOT pass any balance eg, the difference between the outstanding amount and your F&F , to a 3rd party. It is all very well some telephone drone saying we wont do that.. It has been done - CAG is full of threads where this has been done.

 

So you are excercising your right to have them confirm this in writing.

[gust]

similar to my red threat-o-grams saying we "could" do a statatory demand or CCJ. The next will be Hamptons legal (lowell/red/hamptons are same company) with just more threat o grams.

[somethingelseplease]

But I did read on here that when a company sends you an SD letter then it shouldn't really be ignored....

 

I had done a search and looked through mountains of threads when I stumbled on someone saying this.

 

This was when I panicked and started to worry that something was going to happen

 

I'm not doing anything now apart from sending off the CAA letter (with £1 postal order) which I copied from here, I'll send it off and see what returns

 

[ims21]

But I did read on here that when a company sends you an SD letter then it shouldn't really be ignored....

 

You don't ignore a Statutory Demand.

 

What you have posted is a threat.

[gust]

"you may" = threatogram