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    • Hi   I assume this mattress was the Tenants own property?   So after moving out the Tenants provided an attachment showing a stained mattress and wanting full deposit back and threatening to claim against you for this.   1. Tenants failed to notify you of this stained mattress issue until the end of tenancy after they had vacated the property.   2. You have no evidence that this was the actual mattress used in that property nor evidence to back up there claim the staining caused this mattress damage.  (i.e. one of them could have had an accident and wet the bed or done this when they moved from the property).     3. Ask them that you wish the mattress independently inspected. (which you are fully entitled to do and if it proves this claim is false it will be added to the deposit claim by you the landlord for damages as well as the Garden if you need to get landscapers in to carry out the work that should have been carried out by Tenants as per Tenacy Agreement and raised  by yourself (Landlord) on a few occasions which Tenants failed to rectify even at end of tenancy.   4. Ask them to provide you with the contact details of there Contents Insurance Company (tenants whether Private or Social Housing should always take out and have Contents Insurance but is up to that tenant) bet they don't provide it Big question is the Deposit protected in a Tenancy Deposit Scheme (TDS) and those Tenants that have left were given a copy of the Prescribed Terms for that TDS? (Bear in mind you may need to tell TDS that you are in dispute with the Tenant about damages i.e. mattress and Garden)    
    • plenty of time to research and calm down. nothing much to do until the end of june.    
    • well ...... 1st you need to go back to post 1 and carefully read ALL this thread from the start again and pay attention to the advice and the undertones it explains about 'debt'.   2nd ...the truth is you owe no-one ANYTHING, the OC wrote off and sold the debt, and got most of it back against tax and business insurance schemes ...throw the morality card out the window...the OC did by selling the debt on for <10p=£1. and the DCa want the full balance ...id so many fools stopped paying powerless DCA's tomorrow, the whole industry would collapse overnight.   3rd the only reason this is still around your neck is because you failed to follow given advice...had you ..it would now be statute barred.      ^^^ very important research the M+S credit card debacle using our enhanced google searchbox on this page   as for the PAPLOC reply,   D.. desipte a previous CCA requests, the claimant has yet to supply any/all of the required paperwork.   i: delete [CC is attached to this reply form]"   
    • Hi again   Yes, it's been a lovely day weather wise.   Guess you've better things to do with weather like today than help with this problem, so thanks very much for your input, it's very much appreciated.   Late this afternoon I did receive a reply from the tenants, and they are asking me to go 50/50 with getting the garden sorted, not only that, as they have moved away they are expecting me to get the quotes.   Regarding you view on this issue, its so easy not to see the whole picture and my thoughts that the staining damp may be of their own doing didn't occur to me as I was so locked into the historical leak. Taking a closer look at the room in question today, I'm convinced that they are trying it on with the stained mattress- they did mail through a picture and then a receipt for supposedly the mattress. My wife and I then took both the pic and receipt to the bedding store where purchase was made to ask if the two married up, the picture does not show any emblems/manufactures logo or such to prove that this is the case, so we are none the wiser- our thoughts being that the stained mattress is from elsewhere.   A few days back I spoke to our letting agent regarding all of this, as was quite correctly mentioned there are two parts to this equation, namely the mattress and then the property.   Our agents mentioned to me that as an inventory was not carried out initially with the let, (hindsight) the pictures that were used to advertise the property could not be used as evidence to present to the TDS to be compared to the pictures now as there is no proof that the advertising pictures were in fact how the property was when the let started. I mentioned that all digital pictures have a means of finding when that pic was taken- Geo tag/Metadata- agent was quite surprised by this. The agents thoughts then went for a hide in a vacuum-   This is going off at a tangent here-many moons ago my wife studied computer science at a local University, one of her classmates who she is still in touch with is now a practising Solicitor. My wife suggested that maybe I give her a call, a bit rude I guess, but I did  phone and with the pleasantries out the way  I asked for her opinion of the best way to get this sorted. Her remit isn't landlord type stuff, however she will speak to a colleague on Monday and come back to me.   The property is due to be relet on the 21st, we will ensure that the new tenants move in to a home that is immaculate and welcoming, trouble is its getting a tadge close to get the garden issues sorted in time.   I know that all this will get closure in the end, but at the moment I've had more fun with a toothpick-   Again, many thanks.
    • The collection is currently stored at curator James Blower's home, but he has now found a space situated in an old bank premises where he hopes to exhibit them from this autumn or early next year. View the full article
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Mother been Paying DCA's through Stepchange £400pcm for +8yrs - still £9k to pay - Best way to make F&F offers?


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Thanks dx100uk. We would like to go down the F&F route. We are in a position now where I can lend my parents a sum to let them move on from this.

 

Should we do the F&F offer separate to the reclaim or in conjunction? i.e. we owe £2,300 minus the £500 unlawful fees = £1,800 30% offer of £540?

 

Any recommendations on the best way to do this, taking into account the above? Are there any templates you recommend using?

 

Mum also mentioned she was charged a lot of money going slightly over her Halifax overdraft to pay this (like £30 charge for going £10 over...) - is that something we should also look into claiming back? She mentioned seeing something on MSE about it - is there are a subforum on here with information around that?

 

 

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just remove all ref to it send the offer and pay it regardless to if they do or dont reply/accept you do NOT need a debts owners permission to pay what is propsed you are simply informing hey thi

yep stop here being a DCA cash cow.  as you've seen none of the DCA's have anything enforceable   as for the cap1 cca , you've removed date so not sure when she took this card out, howe

is the IP address traceable to the area they live in? as for the signature on the other, i will guess its correct?   dx  

as for cap1 there are letters to use in the debt collection section of our library

inc your fees spreadsheets.

i doubt cap1 will bite though.

 

is the OD still with halifax?

 

 

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please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thanks dx. I'm struggling to find the right letter to make a F&F offer on there. Any problems with using the National Debtline one? https://www.nationaldebtline.org/sample-letters/full-and-final-settlement-offer/?

 

No, the od isn't with Halifax any more. Thankfully my Mum is out of it and has switched bank accounts to First direct. The article she read was: https://www.moneysavingexpert.com/reclaim/bank-charges/

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we used to have one not sure where.

just remember this is no longer on her file and can't comeback so don't let here feel she is indebted to pay them any high sums £pcm should they refuse to F&F.

 

don't forget there are the other letters there offering a lower £pcm and if they refuse the one to drop them to £1 PCM for life if they rufue to help.. time on all fronts she took control of HER money, not let others control it, she's paid upwards of +£30k to all these fleecers, none deserve any special treatment now massive monthly payment.

 

the OD is long dead simply stop paying, any charges reclaim will simply be removed from their already fictitious balance not to her pocket.

 

 

 

  • Thanks 1

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • dx100uk changed the title to Mother been Paying DCA's through Stepchange £400pcm for +8yrs - still £9k to pay - Best way to make F&F offers?

Thank you. What % do you think we should start with for cap1? 20%?

 

We've also received the CCA for a couple of the MBNA debts that now sit with link financial. Please see attached. The one for my Mum seems very lightweight compared to the one for my Dad... Are these correct? If not, what should we do?

 

I guess if they are valid this changes the strategy similar to cap1 - pay monthly sum again and try and agree a F&F settlement offer?

 

 

 

MBNA_CCA_Dad (1).pdf MBNA-CCA-Mum.pdf

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is the IP address traceable to the area they live in?

as for the signature on the other, i will guess its correct?

 

dx

 

  • Thanks 1

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I've done a reverse IP lookup, and it's traceable to their general post code but not our exact post code e.g. It's M5 rather than M12 but yes, more or less.

 

Yes signature is correct.

 

What do you think? Similar strategy to Cap1? Offer a F&F and if not try to move to minimal payments?

 

Would you give the same initial offer to both (20%) or more to cap1 and less to Link?

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i'd run link, never trust them an inch, one of Link favourite tricks was to re add and charge interest. send an sar to MBNA get all the statements, then same game as cap1.

 

i'm wondering if it might be prudent to simple get a letter constructed now, to send to cap1 and Link, stating due to sever financial hardship, for the next 6mts the payment will be £5PCM. This will be reviewed in 6mts and you will be updated further. Please refrain from adding any interest and/or penalty fees as under the rules of the various organisations like the FCA/FOs that govern you and help me through this hardship period. 

 

i will not enter into any further communication by whatever method upon this arrangement until my review and will consider it harassment.

  • Thanks 1

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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adapt the pro rata letter in the dca section of our library.?

  • Thanks 1

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Is it necessary to send with the budget spreadsheet?

 

My Dad has actually suffered a loss of income from COVID and will be on SSP for the next 3 months due to an operation so will use that as the reasoning.

 

 

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his income is NOTHING to do with them nor you mums debts.

if you've already sent an I&E with the 1st pro rata, then dont repeat it

  • Thanks 1

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Some of them are in my Dad's name... sorry, I didn't make that clearer, although I'm not sure if it changes much?

 

For the debts we have received CCAs for: 1 of the Link debts is in my Dad's name whilst the other Link and the Cap1 are in my mother's name.

 

I&E was sent via Stepchange 2 months ago. Although it reflects a higher income than now. Would you do it again or just remove the reference of it from the pro rate letter template and send the letters?

 

 

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just remove all ref to it

send the offer and pay it regardless to if they do or dont reply/accept you do NOT need a debts owners permission to pay what is propsed you are simply informing hey this is what you'll get for xxmts..tough if you dont like it.

 

you must take control.

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  • Thanks 1

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Posted (edited)

Thank you dx100uk, thanks for all your help.

 

I've made a few amends. Does this look ok?

 

 

Account No/Reference No: XXXXXXXX

 

 

Dear Sir or Madam  

                                                                                      

Since making that above agreement with you, my circumstances have changed. I cannot now afford the previously agreed monthly payments because of severe financial hardship caused by a loss of income due to the coronavirus pandemic and a long term recovery from an operation leading to statutory sick pay.

 

In view of these circumstances, please would you agree to accept a reduced offer of £5.00 per month for the next 6 months.

 

Please refrain from adding any interest and/or penalty fees as under the rules of the various organisations like the FCA / FOs that govern you and help me through this hardship period. 

 

Should my circumstances improve I will contact you again. In the meantime, I would appreciate it if you could send me a paying-in book / standing order form to make it easier to pay you.  

 

Thank you for your assistance, I look forward to hearing from you as soon as possible.

 

 

Yours faithfully,

 

Edited by techno20
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stop begging. !!

 

In view of these circumstances, you will only be getting a reduced payment of £5.00 per month for the next 6 months

 

(can you not pay by bacs? so delete the payment book bit?)

  • Thanks 1

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 3 weeks later...

We've had a letter from our friends at Link requested payments for each of the 3 accounts they haven't provided a CCA for. I've attached an example.

 

Do we need to respond or just file it away?

 

 

 

Link-Financial.pdf

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no cca = no pay = ignore 

  • Thanks 1

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 2 weeks later...

We've had a reply to the offer of £5 repayments from Link.. Please see attached. Does it require any action?

Link-Lettter-14-May.pdf

We've also had a response from MBNA on the SAR. They've only sent statements from 2011 onwards for my Mother which is missing 3 years worth of entries. Should we take any further action on this or will they have been deleted?

 

 

 

 

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not returned a CCA have they.

 

as for MBNA contact them and demand the missing statements.

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Link have returned a CCA for 2 accounts, including the account the letter is in regard to. I wrote to them to tell them we'd be paying £5 a month due to financial hardship and the attached was their response to that letter...

 

For MBNA I will send the following if fine:

 

21st May 2021

 

Dear Sir/Madam,

 

ACCOUNT /REF NUMBER XXXXX                           

 

Thank you for your response to my previous subject access request on May 14th. Unfortunately the statements you sent across omit 3 years worth of statements.

 

Please supply me with copies of all these statements.

If you fail to comply with all of your obligations, I will make an immediate complaint to the Information Commissioner about your statutory breach – and without any further notice to you.

 

This may also lead to legal action in the County Court and a judgement will then be forwarded to the FCA.

 

Yours faithfully,

 

 

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who says the CCA's are enforceable we haven't seen them?

 

dx

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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The CCAs are for the debts discussed in posts #30 - #33 on this thread. Link are the DCA for the MBNA CC debt.

 

 

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On 22/04/2021 at 18:11, dx100uk said:

stop begging. !!

 

In view of these circumstances, you will only be getting a reduced payment of £5.00 per month for the next 6 months

 

sorry there must be more debts with link that you have listed here then..

as you say above they not provided CCa for any of the 3 debts.

 

for those 2 MBNA debts with CCA returns that i think are ok in 30 stick with and pay as stated what was said in the above letter

dont enter into letter tennis.

ignore any that have failed the CCA

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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