Debt Issues

[fletch70]

Just one point,you say you do not know what the mucky hall debt is?

Then you quote S77(6) which is fine but what if it is a 78/79 request. You could just amend it to say under S77-79 it is unenforceable until you comply.

[BRIGADIER2JCS]

Have you made payments to all these DCAs and by what method??

[mhartley]

I think I've made payments (around 4 years ago) to maybe 2 of them, or may have been different companies and have now been sold on or may have been the original creditor. Honestly can't remember but would like to find out when I can start counting my 6 years from just to be sure. Method would have been debit card for an old bank most likely as i never do cheques etc...

 

Found out that Mucky hall is actually the Cabot one which was for Vanquis originally.

 

Thanks.

[fletch70]

Actually i tend to agree with dx (faints in shock)

 

I would leave well alone unless you get any type of letter that could be thought of as a letter of claim. If you do send a cca request off.

 

As you O/D is or was unauthorized it is covered by the cca but a traditional cca request isn't needed.

 

I have seen off one bunch of solicitors along with three DCAs using this approach.

 

Then sit tight and wait.

[fletch70]

So for your letter to mucky hall it would be s78(6)

 

For reference its 77(4) 78(6) 79(3) that make the agreement UE until they comply fully and at the same time with the required documents

[mhartley]

O/D?

 

So your advice is to do what I've done for the past 4-5 years and just carry on ignoring things unless of course I received a letter from the courts?

 

Thanks.

[fletch70]

O/D is overdraft.

 

No do not wait until you get a claim from the courts,you should get a letter prior to that saying LETTER BEFORE ACTION or LETTER OF CLAIM. At that point you bang off the cca request pdq

[BRIGADIER2JCS]

O/D?

 

So your advice is to do what I've done for the past 4-5 years and just carry on ignoring things unless of course I received a letter from the courts?

 

Thanks.

No get the letters suggest of asap, don't ignore otherwise you will never be rid of these DCAs!!!

 

Some of the DCAs Lowell for one are very litigious at present I would not like to see any of them gettinf judgements by default.

[fletch70]

Difference of opinion. As i said,from what the OP suggests there are not any letters so i would go with dx. The danger of sending letters off is that you remind them who you are and should they comply with the request you may get on their hit list.

 

In the end it is entirely up to the OP

[BRIGADIER2JCS]

There is absolutely NO DANGER in making CCA requests or SARs to any creditor at any time, lawful requests for information are NOT admissions of liability.

[mhartley]

Ok, confused now lol

 

Can someone clearly tell me what I should send of and to whom:

 

Capital One

Owned by Lowell

Defaulted 12/09/2008

 

Three Mobile

Owned by Lowell

Defaulted 04/03/2009

 

Vanquis Credit Card

Owned by Cabot Financial/Mackenzie Hall

Defaulted 31/12/2008

 

Edge Card

Owned by Link Financial

Defaulted 16/07/2008

 

Natwest overdraft from old bank

Defaulted 28/02/2009

 

Natwest loan from old bank

Defaulted 09/03/2009

 

Capquest (Formerly FTC)

Defaulted 30/11/2009

 

So far I've printed a prove it letter for Hamptons Legal/Lowell for the Three Mobile debt, but that's as far as i've got and created a CCA letter but am told certain bits shouldn't be in it? See last attachment from me.

 

Thanks and sorry for being so dumb with all of this

[fletch70]

There is absolutely NO DANGER in making CCA requests or SARs to any creditor at any time, lawful requests for information are NOT admissions of liability.

 

I did not say there was a danger of resetting the SB clock. perhaps read what i said. The more you communicate the more they could communicate back. As it is we are looking at 1-2 years to SB. Why not try to sit it out. If you send a cca to lowell. they will go quiet until they get what they need. Then what? They. could have what they need to enforce

[BRIGADIER2JCS]

Ok, confused now lol

 

Can someone clearly tell me what I should send of and to whom:

 

Capital One

Owned by Lowell

Defaulted 12/09/2008

 

Three Mobile

Owned by Lowell

Defaulted 04/03/2009

 

Vanquis Credit Card

Owned by Cabot Financial/Mackenzie Hall

Defaulted 31/12/2008

 

Edge Card

Owned by Link Financial

Defaulted 16/07/2008

 

Natwest overdraft from old bank

Defaulted 28/02/2009

 

Natwest loan from old bank

Defaulted 09/03/2009

 

Capquest (Formerly FTC)

Defaulted 30/11/2009

 

So far I've printed a prove it letter for Hamptons Legal/Lowell for the Three Mobile debt, but that's as far as i've got and created a CCA letter but am told certain bits shouldn't be in it? See last attachment from me.

 

Thanks and sorry for being so dumb with all of this

 

Yes of course I will set out the suggestions as to what to send where a little later for you.

[mhartley]

The problem I have is I don't know when these will be statute barred

 

I can't just ask Lowell, when was the last time we spoke via letter or I paid you, can I

[mhartley]

Yes of course I will set out the suggestions as to what to send where a little later for you.

 

Many thanks

[BRIGADIER2JCS]

The problem I have is I don't know when these will be statute barred

 

I can't just ask Lowell, when was the last time we spoke via letter or I paid you, can I

 

Now thatmight really cause problems.

But knowing the nature of Lowell all to well over many years if they had enforceable docs to hand then they would have gone forward by now.

[fletch70]

You're not being dumb at all.

I went down the cca route myself and got more back that were enforceable than i hoped. I did get a few where they said they couldn't find one so wouldn't chase me anymore.

I am in the lucky position of having no assets or job (if that's lucky) so there is little they can really do to me.

All i am suggesting is,if you can hold on a while longer it brings you so much closer to the SB date.

Of course the exact date of that depends on payments made and when the account was terminated with a formal demand for full repayment.

 

In the end it is up to you, I have 45k of unsecured debt that i haven't paid for over a year. Only 5 more to go lol.

 

In this case i do have a decent knowledge of how these people work and they can be tied up in knots but it takes time and effort .

[BRIGADIER2JCS]

CAG of course doe not encourage debt avoidance.

[fletch70]

Now thatmight really cause problems.

But knowing the nature of Lowell all to well over many years if they had enforceable docs to hand then they would have gone forward by now.

 

That is just my point,if they had the docs. Well by asking for them they may just get them.

 

What the brig means is he will do it when he thinks i am not around to contradict him (Again)

 

Andy,I will leave it up to you but if i can help just ask.

[Jimmy99]

Of course no one has asked the OP if he can afford to pay the debts. There is a big difference between can't and won't.

 

Can you afford to pay them or are you trying to "avoid" them, it does seem that everyone has given you help based on the avoidance tactic

[BRIGADIER2JCS]

That is just my point,if they had the docs. Well by asking for them they may just get them.

 

What the brig means is he will do it when he thinks i am not around to contradict him (Again)

 

Andy,I will leave it up to you but if i can help just ask.

 

 

Again you are wrong as usual I am dealing with other threads as well and your contradictions are a mere insignificance If I can help someone!

[mhartley]

Can't sadly

 

Lots of reasons as to why but the main being that I don't have the disposable income to do so, especially after gas and electric rising and now the talks of water doing the same.

[dx100uk]

dont forget your cra file

esp noddle

can be very good at indicating last payments in the history section.

 

its also worthy to not always assume that payments

made to fleecing dca's DID actually ome off the debt

and not go into their profit pocket

 

 

dx

[fletch70]

I know that feeling only too well. I am acutely aware that the cost of sending letters by royal mail signed for as well as postal orders can soon mount up. 6 ccas can come to £15 and 6 SARs £70.

Contrary to what the brig thinks i only want to help and i am sorry if i confused you.

Cost v benefit is always something i look at.

 

I am not saying anyone has the perfect solution and opinions are like ********s. everybody has one.

[fletch70]

dont forget your cra file

esp noddle

can be very good at indicating last payments in the history section.

 

its also worthy to not always assume that payments

made to fleecing dca's DID actually ome off the debt

and not go into their profit pocket

 

 

dx

 

Very good idea there from DX. Might not give you the exact date but at least within a month or so.