Debt Help Required Please - Scotland

[dellnasnoods]

Looking for some help please.

 

Due to being made redundant in 2016 I fell behind with my debts and am looking for some advice on how to deal with it.

I'm self employed now but don't make near enough to clear these debts or pay more than currently paying.

 

My wife works so the mortgage is up to date as are all other household bills, its just debts I have personally ran up in my name only.

 

All debts are unsecured and I have been making monthly payments for the last couple of years and also accepted discounts on a few that have been partially cleared and no longer due.

 

Outstanding Debts are as follows.

 

Creditor	Debt Collector		Debt Type		Settlement Offer 15/10/19		Monthly Payment
American Express	Allied International Credit		Credit Card	£2,889.04	£1,428.02		£11.00
Argos	Lowell		Store Card	£2,697.00			£8.00
Barclaycard	Robinson Way		Credit Card	£2,308.87			£7.00
Capital One	Fredrickson		Credit Card	£3,092.71			£11.00
Creation Consumer Finance	Lowell		Loan	£12,654.00			£40.00
RBS	RBS		Overdraft	£6,394.77			£20.00
RBS	RBS		Loan	£24,556.00			£78.00
TSB	Moorcroft		Credit Card	£4,716.98			£15.00

 

I have not got any more than 50% early settlements on other debts I cleared

and am wondering if I can push for more discount and what do I need to write to the debt collectors.

 

Will the RBS accept a request for early settlement as no debt collector is involved with them.

 

I don't have the funds to pay off all debts but family have offered to help if I can get better discounts.

 

Any advice would be greatly appreciated.

 

Many Thanks.

[unclebulgaria67]

Payments plans set up ? Paying directly ?

 

You could write explaning your current self employed earnings position and ability to afford repayments. You could ask them, that if you were able to borrow a sum from relatives or friends, how much as a full & final settlement would they be willing to accept. 

 

They are quite big debt amounts and they will probably know you have equity in property. So they might want to play a longer game.

 

 

 

 

[AndyOrch]

Hi and Welcome to CAG

 

 

Creditor	Debt Collector		Debt Type				Monthly Payment
American Express	Allied International Credit		Credit Card	£2,889.04			£11.00
Argos	Lowell		Store Card	£2,697.00			£8.00
Barclaycard	Robinson Way		Credit Card	£2,308.87			£7.00
Capital One	Fredrickson		Credit Card	£3,092.71			£11.00
Creation Consumer Finance	Lowell		Loan	£12,654.00			£40.00
RBS	RBS		Overdraft	£6,394.77			£20.00
RBS	RBS		Loan	£24,556.00			£78.00
TSB	Moorcroft		Credit Card	£4,716.98

 

 

The ones I have marked in red above (Assigned Debts)you need to send a section 77 (Loan) and 78 (credit card) requests.

Follow the instructions in the following link...

 

 

[dx100uk]

pers id be sending a CCA request on every debt listed here bar the OD

 

who even says they are even enforceable??

 

dx

 

[AndyOrch]

Better to deal with the DCA ones first which have been assigned...baby steps first post.

[dellnasnoods]

Thanks, I'll get on to that and post an update.

 

I pay the agreed monthly payment on 1st of the month, should I hold this back for now?

 

Cheers

[AndyOrch]

No...not until they respond to your requests...if they can comply we will advise further.

[dellnasnoods]

ok thanks

[AndyOrch]

They have 12 +2 days to comply from receipt of your requests.

[fletch70]

Depending upon who owns the debts that have been assigned can make a big impact as well. Lowell tend to be OK as in they can legally issue claims but the likes of Link I believe and cabot financial (uk) are unlicensed and don't like defended claims. So sometimes it depends on exactly who owns the debt. I had several Cabot Financial (uk) debts with proper copies of signed agreements go statute barred .

 

I am sure Andy will know some of the legal arguments 

[dx100uk]

both link and cabot are covered by the relevant group owners' licence.

 

[fletch70]

I don't think that is necessarily true but I can not post any relevant links on here. My belief is that certain debt purchasers are busy restructuring their debts so they are owned by regulated companies. 

 

I know just because one lawyer lost on that argument, I think another solicitor won and at a level that makes it binding. Sadly they were not reported 

[dellnasnoods]

Well the first couple of replies in, any advice on these?

 

Cheers

 

 

 

2019-11 lowell Ack of creation CCA.pdf 2019-11 lowell Ack of Argos CCA.pdf

[fletch70]

Well both are goodish news.

They have received and passed on.

 

Now it’s a waiting game.

I think it was disingenuous or RW to say they had to cancel your arrangement but there again it stops you having to do it. 
 

Just as an aside, I would also obscure the amount as we know these people trawl these sites and dates and amounts would mean they would be able to connect the dots. 
 

There was a relatively recent case where a debt purchaser put a whole thread into their witness statement. 

[dx100uk]

 

 

ive redacted your docs properly now

as we advise NOT to use a felt pen as we can see straight thru it!!

 

they've used CAG threads for years.

doesn't help them.

 

dx

 

[fletch70]

The other problem with felt tip pens, if they are the originals and then have to be put in front of a judge ...
 

I think in the case I mentioned, they tried to use the thread as proof of admitting the debt. Remember LiPs can be very seriously disadvantaged if it gets to court. Depends on the judge and if they put anyone up 

[dx100uk]

Whomevwr owns any debt

Must hold an enforceable agreement

so thats why they've asked the OC that sold them the debts for them.

 

Please start reading up.....u

 

once they fail 12+2 working days to provide it

you stop being fleeced by them by stopping payment s

[fletch70]

Remember they do not need to provide a signed copy just a copy of what you would have signed. They also need to provide all relevant T&Cs at inception and default along with a signed statement of what you owe. If the debts were pre April 2007 they need a bit more to enforce.

 

But remember there is a lot more to unenforceability than just the agreement 

[dx100uk]

to be compliant with the CCA they could use a reconstruction, but it still must contain all the prescribed terms and as above all relevant T&C's sets.

 

if the agreement was signed prior to the changes in the act late 2006 which became effective APR 2007, they must produce the signed agreement, the change are not retrospective.

 

An deemed enforceable agreement under the CCA, reconstructed or otherwise, does not mean it is necessarily enforceable in a court of law...that is an entirely different matter.

 

dx

 

 

[dellnasnoods]

The debts are all post 2012.

 

Thanks

[dx100uk]

so most likely online tickbox agreements then?

they didn't post anything to you to sign?

 

 

[dellnasnoods]

credit cards would have been done online, creation loan done online, bank done in branch.

[dx100uk]

well you know what to expect now.

 

online  stuff is a bit diff to wriggle out of using paperwork errors

but lets see.

 

as for the bank

you would have signed the agreement

so that needs to be forthcoming.

[fletch70]

Just to add my thoughts. I had an online Vanquis card from 2010 which was sold to Lowell. Lowell closed the account for reasons I do not know but I do know what I had in my file as a DN was flawed. Of course while in law that should be enough, get the wrong judge on the wrong day and you might lose.

 

Sadly since 2007 the lack of a signed agreement with the prescribed terms is not an automatic case of unenforceable. For this reason I would not get too hung up on the bank needing to produce a signed copy. It always helps if the agreement is assigned as the glow of paperwork may be limited. Without seeing the Deeds of assignment and accompanying literature it is again difficult to express an opinion.

 

Lastly and finally for this, the S77-78 request is for information purposes only. If the debt owner produces what they truly believe to be the agreement they might (and in the past have) get away with it. 
 

I would link you to a couple of blogs but they are attached to commercial concerns. 

[dx100uk]

The cca changes are not retrospective if the agreement was prior to them.

so be careful about making sweeping statements that are not necessarily true for every situ regarding recons.

 

If someone knows they signed an agreement. Then it needs to be produced regardless of agreement age to be enforceable 

 

Court and being enforceable under the cca are 2 very sep issues. But neither can protect against judge lottery........