old Barclaycard (via Skycard] making F&F to Scotcall

[L1882]

Hi

 

 

I managed to get my hands on a small lump sum (315.00). I have a debt that scotcall are 'managing' for my old friends at Lowell. The debt stands at around £945.00.

 

 

I've had a CCA and they have provided the paperwork so it is fairly clear the debt is enforceable so I thought I'd use the cash to make a full and final offer.

 

 

I wrote to them offering the £315 as full and final with the debt marked as satisfied. The reply I got is as follows:

 

 

'Our client has confirmed that we are willing to accept £468.84. When making a settlement payment and where your credit file is updated by our client, this will be shown as 'partially settled/satisfied' as opposed to showing as 'settled/satisfied' if you paid the balance in full. This means that while you will not be pursued for the remaining balance, this amount will show as unpaid on your credit.'[/Quote]

Now I have to say that they clearly didn't read my offer, I was clear I had only 315.00 but also the idea that there will be an amount outstanding but won't be chased (yeah right, of course it won't). Is this status normal. I intend to write back and tell them my offer was the full amount I am able to offer but should I/can I insist the credit file is marked as fully satisfied?

[SabreSheep]

What type of debt was this

 

when was it taken out

 

any ppi or charges?

[ashmk]

can I insist the credit file is marked as fully satisfied?

 

 

 

Of course you can. Write back and tell them the deal you have offered is the only deal you are prepared to make, take it or leave it. If they refuse then offer them £1 a month. Stand your ground.

[L1882]

It was a credit card taken out in 2007. Large amount of charges - over half the debt is charges, late payments and interest. PPI is a strange one. There was some sort of payment protection however when I was unemployed and claimed all it actually did was suspend payments, it didn't actually make any payments on my behalf.

[ericsbrother]

Then they probably owe you a fortune. You will need to calculate what the amount of charges and interest applied to charges are and then set about claiming it back from the owner of the debt. That could be a nice present for Lowells, having to pay you more than they bought the debt for.

You will need to get hold of proper statements of account from 2007 so SAR to Lowells and whoever issued the card.

[L1882]

Why would they owe me money?

[fkofilee]

PPI mis selling... Simple

Send a SAR to the original creditor.

 

If Lowell have sold this to Scotcall... I would say to hold off... Scotscall Chase these sort of debts.

[Bazooka Boo]

Depending on how you worded your offer of F&F, then you will have reset the clock, so the way to go now will be to reclaim all those charges/fees including interest, at their rate, using the hardship rules.

 

SAR should go to the OC only, as Lowlifes and DCA's will have no information regarding the debt, just a figure they need to relieve you of.

 

As it is clear they won't mark your files as settled/satisfied, then your F&F offer should be withdrawn, unless of course in your F&F offer you gave them a time limit in which to accept?

 

IMO, F&F offers should only really be made to accounts where they have no enforceable paperwork, and they realise that they can't go down the legal route to enforce so will take anything they can get and mark your files as settled.

 

Snotcrawl are door steppers (I think?), nothing to be afraid of, just tell em to clear orf if they randomly turn up.

 

In trying to do the right thing, you may have made matters worse, but not to worry, SAR to the Original Creditor (OC) who is??

Then using their info and the statement of account you have been receiving every six months (you have got these yes?)

You can work out what is fee's charges, and using their interest go about reclaiming them.

 

Did you make this offer in writing?

When did you last pay anything toward it?

Who is the OC?

[L1882]

Original creditor was Barclaycard (via Sky). Offer was made in writing. Not sure on exact date of last payment but circa 2010. I have not had a statement on this account in at least 3 years.

 

 

I took the step of making the offer because as my financial situation has improved so has the aggressiveness of the DCA's - with a number of different legal routes being followed - CCJ a couple of years ago for a bank account, my issues with BW Legal and their SD and another recent CCJ issued (was able to settle this as the debt was a relatively small amount anyway) etc etc. I had this amount available so on balance I figured it was better for me to get a debt cleared at a third than risk another CCJ.

 

 

On them being doorsteppers - had one turn up in the past from, I think, Moorcroft. Told him clearly he was not welcome and that they should write to me if they wished to communicate. One thing that doesn't worry me is the doorsteppers!

[Bazooka Boo]

One thing that doesn't worry me is the doorsteppers!

 

Good it shouldn't worry any one!

 

Well IMO you will have reset the clock with that letter, shame really as it was probably 12-18 months from becoming time barred, however, have to deal with what you've got.

 

What is the last correspondence you had from them (Snotcrawl & Lowlifes) and what did it say?

 

You really only get CCJ's if you don't defend, and even if you do get a CCJ and you have defended, then the DJ will take into account your I&E and will set the amount you can realistically and comfortably afford at a rate you can pay back, not one set by the DCA's.

 

I would (IMO) wait until you start receiving their deforestation now, in the meantime, send a SAR (cost £10) to the OC Sharklaycard, when did you take this card out? And when did Sharklaycard pass it onto these clowns to chase?

 

Are you not defending these CCJ's then when you get them?

[L1882]

No I hadn't defended the CCJ's just made an offer to pay via the courts. My trouble is I am so poorly organised that the time constraints seem to beat me - one piece of advice I'd give everybody looking on here is get all your paperwork together and organised NOW so that you are prepared for all eventualities. It is clear this lack of organisation and keeping copies of letters received etc has cost me a lot of time, grief and ultimately probably money! Oh how I wish I was wired differently.

 

 

In terms of this account, was opened via Sky. Not sure on exact date it was transferred but it was approx. August 2011. Last payment made was pre this January 2010. I take your point on statute barred but my recent experience has been that in advance of this they take action - presumably because I am home owner. The one thing I managed to keep hold of over this time was my house, my mortgage provider were actually brilliant over the arrears and allowed a very long time to replay the arrears, gave me a payment holiday and then changed to interest only so I could get the account up to date. Now wishing they'd taken it.

[dx100uk]

what is the defaulted date on the CRA file?

 

 

please don't waste money EVER paying a DCA an F&F

 

 

you might as well BURN the money for all the good it will do you.

 

 

get an SAR off

 

 

get reclaiming

 

 

Barclays are easy to reclaim charges from

at at the interest rate of £24.9% in restitution.

 

 

I bet wit that

and the PPI

 

 

they will OWE you.

 

 

dx

[L1882]

The account shows two entries,

the Lowell account shows as default September 2011.

 

 

The original account shows as closed and satisfied

- this account recorded a default as July 2010.

 

 

I've prepared a SAR and will buy a PO tomorrow so I can send it - or is it safe to send a cheque with this as the original creditor no longer has the debt? If so I can post today.

[Bazooka Boo]

When did the OC flog this on?

 

It is pointless sending a SAR to a tin pot DCA.

[L1882]

Was planning to SAR Barclaycard not lowell

[Bazooka Boo]

Yes that would be correct.

 

However, when did they flog it onto lowlifes?

[dx100uk]

lowells cant change the defaulted date

so go make SURE the lowells one is not an updated DF date and the original still shows.

 

 

so july next year it will vanish

 

 

why do you need to pay it off now?

 

 

dx

[slick132]

Hi L1882,

 

I agree with others.

 

Forget making a F&F and find out exactly how much you've paid in penalty charges. If you reclaim this from BC taking court action, along with restitutionary interest at 24.9%, you may well be able to clear the debt in full and have some change left over for yourself.

 

If you don't have all the penalty charges data, get it from BC with a SAR.

 

[SabreSheep]

Restituntionry interest at 29.99% may also be sucessful

 

Account opened in 2007. OK tricky. We will need to know the month to see if lowlifes would need the original to enforce. The law changed in 2007.

[renegadeimp]

Its scotcall.... They only deal in lemon debts. Don't even consider an f&f with them. Start getting the paperwork together.

[L1882]

Right I've sent a SAR to Barclaycard - will let you know as and when they respond.

 

Would you recommend I write to Scotcall to advise the account is in dispute or just wait until they contact me?

[slick132]

I'd ignore Scotcall now.

 

[L1882]

Cheers slick - right I will do.

[renegadeimp]

Ignore scotcall no matter what. They have no rights and cannot do a single thing.

[L1882]

Just a quick update - not heard a word from any party on this - definitely expected Scotcall to send a few threatograms. By my reckoning Sharkleycard have 11 days to respond to my SAR. I guess they are simply ruder than all the other companies as each of them have either complied with my request or acknowledged receipt and advised when I can expect a response by at the latest.

 

 

With luck they have a problem