AG/Wilkin chasing unknown MBNA CCJ from 2010

[AndyOrch]

Morning Guys,

 

In the post this morning I received a letter from Wilkin Chapman LLP (Arrow Team)

with regard a CCJ taken out by Arrow in early 2010

 

(the claim number matches the one on my credit report although the amounts differ? CCJ £9266, AG/WC £8946.33).

I am sure that this is an old CC debt.

 

They have supplied a Notice of Change of Solicitor and a personal financial statement (which of course I will not be filling in).

 

I am sure that I did not inform the OC of a change of address in 2008 (home repossessed), so no chance of a set aside.

The debt itself is SB but I am aware that this means little with the CCJ.

 

It does state though that "Our client is willing to discuss terms of repayment and consider proposals from you."

 

My question is,

can anything be done at this stage to fight the good fight? In all honesty no... they have 2 years remaining to execute the judgment hence their letter and request

If not and without filling in the personal financial statement,

 

what sort of full and final offer can I make to them that would satisfy their greed on the amount outstanding

or a sensible monthly offer to clear the debt as quickly as possible? Thats your choice but if they opt to execute it further they can ask for an Attachment of Earnings (if working) Charging Order if you have Property and Third Party debt Order to freeze your bank accounts or issue a Stat Demand and make you bankrupt

As always they require an answer with 7 days before going all enforcement on me.

 

Any advice will be greatly appreciated.

 

Cheers

 

Your intended letter is pointless...except for the F&FS part.

 

Regards

 

Andy

[greenhill]

Morning guys,

 

Update: Response for WC offered a 20% reduction, which is a good start, still too much for me to pay in one go though. Any suggestions for a counter offer? I have to borrow the money as my outgoings are quite big.

 

Many thanks

 

G

[BRIGADIER2JCS]

Morning guys,

 

Update: Response for WC offered a 20% reduction, which is a good start, still too much for me to pay in one go though. Any suggestions for a counter offer? I have to borrow the money as my outgoings are quite big.

 

Many thanks

 

 

Offer 10-15% of the alleged balance.

Write something like:#

 

 

This offer is made as a gesture of good will and is not an admission of any liability for the alleged debt and is made on the following conditions:

 

 

1. Any remaining balance will not be sold or assigned for collection to any 3rd party at any time in the future.

2. All credit file entries to be marked as "settled" and the default marker to be removed within 14 days of acceptance in writing of this offer.

 

 

Make sure if they do accept that no payment is made until you have the written agreement in your hands.

[greenhill]

Cheers Brig will give that a go.

[BRIGADIER2JCS]

Cheers Brig will give that a go.

 

 

The wording is very specific so as to leave no doubt on liability.

I would use signed for post and check delivery.

 

 

This is probably going to be a negotiation process so have a figure in mine that you are prepared to go with, this must be reasonable and must Not put you in to any hardship situation.

 

 

Good luck!!

[greenhill]

Really appreciate your help Brig.

[BRIGADIER2JCS]

Really appreciate your help Brig.

Happy to help!!

[greenhill]

Morning chaps,

 

Response from WC stating client does not accept my FF offer (about 20% of outstanding amount). Waffled on about CCJ being obtained in 2010 and the debt not being SB. They suggested I seek legal advice if I continue to dispute and have put the account on hold for 14 days.

 

Unsure of my next move as I thought they may counter my offer but that didn't happen. I suppose I could offer them a monthly amount until the debt is settled but have no idea of a starting point. Anybody out there have an idea of what DCA's may be willing to accept as a monthly payment? Or is it worth me firing in an offer of 50% for FF?

 

The debt currently sits at around £9000.

 

Once again thanks in advance.

[greenhill]

Me again.

 

Just been working out some figures and I think I may be able to afford £100 and maybe a little bit more per month to clear this over a slack handful of years. Any chance they would accept this amount?

 

Cheers

[AndyOrch]

I think that would be just acceptable...7.5 years to clear.

 

Regards

 

Andy

[greenhill]

Thanks Andy. I think that offer may give me a bit of wiggle space as I probably would be able to up it an extra £20 pm if they turn it down. Don't really want to go to court to argue the toss even though the court may find I can afford less. What are the chances that the DCA refuses my offer and wants to go back to court to enforce a higher monthly amount?

 

Sorry for the constant questions.

 

Many thanks

[AndyOrch]

I would of thought a court would agree that £100 PM is more than sufficient and reasonable on the amount of debt greenhill.

[greenhill]

Thanks again Andy, much appreciated.

[greenhill]

By any chance is there a template letter setting out the terms of my monthly payment offer to WC/AG?

 

 

I don't want to fire off something that may land me in trouble.

 

 

Also am I right in thinking that I do not have to submit the income and expenditure form that they have sent?

 

 

I have just completed one with step change and my £100 offer looks very generous!

 

 

My outgoings match my monthly salary before this debt.

 

Thanks as always.

[AndyOrch]

No requirement for a I&E just make an offer in writing and ask for written conformation of acceptance.

[greenhill]

Cheers Andy

[greenhill]

Hi guys,

 

WC still insisting I complete an I&E statement which I have repeatedly refused to do.

 

I have completed an I&E for my own benefit and have offered above what I can actually afford. Is there a way that I can say "take me back to Court" as I am sure the Judge will settle for a lot less. Or can I apply to the Courts to have a figure fixed to stop these idiots chasing what I don't have?

 

Many thanks

 

GH

[AndyOrch]

You can make an official approach by submitting the N245 ...but then you would have to complete the I&E contained within the application which would then be forwarded to the claimant for their approval .....so they till get your I&E in the end....dont really know what to suggest?