Debt with 4 creditors

[asgoodwin2003]

Hi everyone, hope you can give me some advice.

 

To cut a long story short until a couple of months ago I was paying Churchwood Financial £80 to pay off a 4 credit card debt.

I could not afford this as I am currently not working and my partner was kindly paying them from her part time wages.

 

Upon speaking with the CAB I discovered I was eligible for a DRO(Debt Relief Order).

I cancelled the account with Churchwood.

 

Upon further chats I decided to use the self help pack and offer each creditor £1.

Our disposable income was £7!.

 

I sent each a very nice letter informing them that although I qualified for a DRO

I would willingly pay them £1 a month until my circumstances change (which I hope they do, hence the reluctance to try a DRO).

 

I sent the letter, complete with other creditors and amounts and also a budget sheet clearly showing out budget.

 

The creditors were Cabot, Capital One, Moorcroft and Link Financial.

 

Moorcroft have already agreed the amount.

 

Cabot and Link have yet to respond, even though I know they got the letters on 28/08/2013 as I have a signed for receipt.

 

Now the unusual thing.

 

My father has recently gone into a nursing home so does not live at my former address.

I also do not live there, as my brother and I are sorting things out there to sell the house for dad.

 

I still check the post there every day.

 

Last week there was a letter from Capital One saying they had passed over to Fredrickson International

and I should deal with them.

 

Well, I ignored it (my new address since August of last year was clearly stated on the letter to them on 28th August!).

 

I went down again today and find a letter addressed to me again from Fredrickson International

saying they want the full amount to avoid "further debt recovery".

 

Now my question is,

do I let them know I have the letters?

(even though they are to the wrong address and Capital One have a letter with my new address on anyway!)

 

and do I pay Moorcroft as they agreed, and contact the other two to find out if they want to continue?.

 

Or do I just wait it out?.

 

Would appreciate any help on this. Thanks very much

 

Andy

[silverfox1961]

Hi and welcome to CAG

 

I think you should contact them to let them know of your address. It is not unknown for some companies to get a county court judgement on a previous address.

 

As for the others, you have made an offer, it is down to them to reply before you do any more.

 

Can you let us know the start dates for the accounts (month/year) if possible and do you know if any of the debts have charges applied?

 

Can you remember who the original debts were with (apart from Cap1)?

[asgoodwin2003]

Hi, thanks for replying.

 

The debts are from around 2005, lost my job at that time and needed help.

 

Churchwood been paying them for 5 years or so.

Capital One,

Morgan Stanley,

Barclaycard and

MBNA

 

I think were the cards.

 

As far as I know there aren't any charges and on the letter I asked if they would freeze them

and not add anything under my financial circumstances.

 

Not sure I should reply to that Fredrickson company,

if Capital One instructed them why don't they have my new address

which Churchwood knew and they have a letter with it on!.

I'm not that trusting.

 

Have noticed a few on here saying they do that to confirm your address very slyly.

 

I will hold back on that I think, they haven't contacted me neither have Capital One.

[citizenB]

IMHO, I would be going with the DRO - this will sort out your situation and leave you debt free within a year / 18 months.

 

Your credit files will already have been trashed, but at least you will have a stab at starting a normal life.

[silverfox1961]

Capital one and the reading of letters leave a little to be desired. I bet they looked at the account number and not the address, bless them.

 

I know you want to clear your debts but as these accounts are quite old, I'm wondering if they have a complaint agreement. To find out, you could send each creditor/DCA a CCA request (template letters in the library). If they fail to supply or the agreement is unenforceable, this puts you in a stronger position to negotiate a Full and Final settlement (if you have the cash)

 

I would be fairly certain that there will be some charges applied to each credit card. The way to find out is to send each creditor (NOT the DCA) a SAR (also in library). This should get you all the data the companies have on you.

 

As credit card and loan charges are unlawful, you can try (if applicable) to get them removed or refunded to the account. Cap1 are notorious for not helping.

[dx100uk]

don't like the list of people involved in this debacle

 

esp. churcgwood whom are a fee paying DMC, not very good either.

 

you need to send CCA requests

to

moorcroft

link

freddies

MBNA

 

very few if any DMC's ever check the LEGALITY of a debts

 

and those names along with churchwood ring alarms bells.

 

until each of the companies wanting money out of you COMPLY with an enforceable CCA for EACH DEBT

 

I would not be doing or paying anyone anything.

 

also get a copy of your CRAfile.

 

I bet none of these debts show now as have been defaulted for more than 6yrs.

 

dx

[dx100uk]

adapt the following text to YOUR details.

DO NOT SIGN THE LETTER!

get a £1 BLANK Postal order

write on the back

for statutory £1 CCA FEE ONLY.

leave the payee BLANK

post the two off by 1st class post, get proof of posting from PO counter

they have 12+2 WORKING days to comply.

 

firm demanding money

 

street,

 

town,

 

county

 

postcode

 

 

 

Dear Sir/Madam

 

 

 

Re:- Account/Reference Number 12345678

 

I do not acknowledge any debt with your Company or Associates

 

This letter is a formal request pursuant to s.[77/78/79]

[***DELETE AS NECESSARY FOR YOUR TYPE OF ACCOUNT***

77/78 - everything bar HP agreemwnts, 79 for HP]

 

of the Consumer Credit Act 1974.

I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide, including a detailed statement of the account.

 

 

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

 

 

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

 

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection From Unfair Trading Regulations 2008 (CPUTR).

 

 

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

 

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

 

 

We look forward to hearing from you.

 

 

 

Yours faithfully

 

Mr A N Other [PC print yourname - do NOT sign it!]

[asgoodwin2003]

Thanks everyone for your input.

..yeah I wanted to do the DRO, but it would cost me £90 which we can't afford to throw away.

 

Fine if my circumstances don't change in 12 months, but I am really hoping to find a job in the next few,

therefore I would lose the £90 and the DRO so it was worth it to try for the £1.

 

To be honest, I don't know how they can refuse it,

either I pay something however little or pay nothing for 12 months and then it's all gone, surely it's in their interest?

[dx100uk]

CCA your creditors

 

dx