£1500 debt to Cahoot / Clarity - Make us an offer!!!

[debpayne]

Hi I am a little uneasy as I have a letter from Clarity arrived today regarding a £1500 debt to Cahoot

in which it states

"As time is running out our client has advised us that they will consider any offer, however small, to settle the balance"

 

I can't help but feel that this is a letter designed to catch me out and what will happen if I offer £50...

 

.it does say "however small". Has anyone experienced this type of letter?

 

Thank you

 

Deb

[Horsen]

I think the big boys on the site will want to know more about the debt. Such as are Clarity just acting as a DCA for Cahoot. Do you indeed owe Cahoot this money. When is the debt from and are you paying anybody anything at the moment? No doubt others will be along soon but they will what to know more about the debt.

[renegadeimp]

Time running out? For what?

 

Ignore it. Any offers of a discount = debt is bad.

[postggj]

seems like an offer to get you to acknowledge the debt

 

when was the last payment made

[Halibutt]

Firstly, do you know anything about/acknowledge the said debt?

If so, what was it for?

What's showing on your credit file?

has a default been registered?

Have you had a "Notice Of Assignment"?

Is it likely to be Statute Barred?

Have you made a CCA request or a SAR?

Have you been paying them?

 

Huge offers of discounts are usually an indicator of an unenforceable claim as has been advised.

 

If they try contacting you again, make sure you stay off the phone.

 

With more information, people will be better able to help.

 

H. x

[debpayne]

Many thanks, yes I do owe the money and this debt was originally being chased by Cabot but I have just not been able to make repayments. Prior to that I was paying it off via a payment plan with moorcroft but after several hospital stays fell really behind and got snowed under with all my bills.

 

I think I did have a letter telling me Clarity would now be taking over the debt but I'm unsure. It's not statute barred, It is showing as a default but basically I do owe them the money and would like to pay it off but am worried as to what will happen if I do make an offer and what should my lowest offer be. I can;t afford much as am really struggling but if I make them a low offer I am dubious as to whether they will say no and now that you have admitted it you must pay the lot and we're taking you to court!

 

Many thanks

 

Deb

[Halibutt]

Hi Deb.

 

Right, thanks for the info.

So, as you admit that you are liable for the debt, and quite rightly (and honestly) say that you'd like to pay it off, you now need to know exactly how much you owe.

Firstly, have a look at correspondence. Have Clarity said that they "own" or have bought the debt?

 

If so, they are the people you need to deal with . Is the debt for a credit card or loan? In which case, you may be owed mis-sold PPI on it.

The best way to find out is via a SAR, if appropriate, or a carefully worded letter to the original creditor, asking them to let you know if PPI was taken out on the original debt. It can sometimes save you the £10 fee if the OC is amicable, if they no longer "own" the debt. Any mis-sold PPI could honestly and legitimately wipe the debt anyway.

 

As you're being offered what seems like a huge reduction in the amount owing, then, as advised above, there could be something wrong/unenforceable about the original agreement - when was it taken out?

This line of enquiry is, of course, up to your own moral outlook, but if they can't supply an original CCA if the case dates from before April 2007, then it may turn out that you need make no offers of payment whatsoever.

 

Hold off for the moment - the matter of Full and Final settlements is always awkward. The general view is that an offer of around 20% is the norm, although with VERY strict stipulations on your part. Again, a little more info would be helpful.

Edited April 11, 2013 by Halibutt

[renegadeimp]

You could give more info on the debt, but as its obvious the debt is bad hence the discount offers, i would advise ignoring it. If you really want to play around with the muppets, just send a CCA request or even better, a "prove it" letter. Do NOT acknowledge the debt with them or contact them by phone.

[debpayne]

Many thanks for your replies guys, much appreciated....

 

Iam sure the amount they have said is the amount I owe as I occasionally get statements sent from Santander (they took over Cahoot) also in the letters they say Santander are their client so it appears that they are acting on their behalf and they say "our client has advised they will consider any offer, no matter how small" Because I want to get rid of this I was wondering should I just offer £200-£300 as they do say any amount, no matter how small The debt was a flexible loan with Cahoot many years ago but I did make payments off the balance to moorcroft up until about a year ago so I have acknowledged the debt! I also don;t think I paid PPI on this but should I write to Santander anyway and if I do should I ask Clarity to allow me time to do this? Cabot wasn't involved, that was an error by me...sorry If I do write offering a figure for settlement please could you help me word it so I am not dropping myself into hot water.

 

Really appreciate your time and help

 

Deb

[Halibutt]

In light of all the new information and agreeing with what Renegadeimp says, I'd be inclined to send a CCA direct to Santander. Accompany it with the statutory £1 fee by postal order.

Keep a copy of your letter and note the postal order number (keep the receipt).

Send via Post Office recorded delivery and see what they return.

They have 12 + 2 working days to respond.

That shouldn't affect any of their offers of reduced payment as Full & final, but will give you time to think AND give you evidence whether or not they do have the documents they need to proceed.

 

I respect what Renegadeimp says, but in this case, because of what you've said, a "Prove It" letter might seem a little churlish maybe? A simple CCA request would be appropriate, I think.

Happy to be contradicted if anyone has a better course of action.

 

Let us know how you get on anyway and we'll take it from there.

 

Do sleep well and don't worry.

 

H. x

[renegadeimp]

CCA goes to the company chasing you. SAR goes to the OC. If the DCA cant come up with the CCA, then thats 2 birds with one stone.

Edited April 11, 2013 by renegadeimp

[Halibutt]

Yup. It's the legal responsibility of the chasing DCA to forward the CCA request to the OC where appropriate. It's worded as such in the letter template too

[debpayne]

Thank you both I will get my cc letter off at the weekend.

 

Hope you have a good evening

 

Deb

[Poppay2]

Hi debpayne

 

Thought you might like to know that I too received one of these letters from clarty.... AFTER cbot served me with a Statutory Demand, sounds like your letter is exactly the same as mine.

 

I have a court hearing this week, and am using this letter as part of supplementary witness statement.