Debt written off due to Carers Allowance?

[davey77]

Hey there - Well, not much new news really. CCA requests were sent out a bit late but all in the pipeline now. Still waiting for the reply from Capitol one after sending benefit proof. A reply from Barclays and two in a couple of days from MBNA. 1 reply from MINT..

 

BARCLAYS: Can you please contact Anthony Cassidy as a matter of urgency to discuss your recent correspondence to us as we have no valid telephone number for you, Chris Gates - Collections Manager

 

This after i have told them 500 times i don't discuss my finances over the phone. Will be writing a strong reply!

 

MBNA: (in a big square on the top of the letter to grab my attention); You could reduce your debt by up to 40%, a saving of £2,191.92

Call us on 0800 0924297 by Wednesday the 14th March 2007

It's your call. Take advantage of this very special opportunity!

 

Due to MBNA's regulatory requirements we will be forced to register a Default at the Credit reference Agency on your account in the near future if we cannot set a reduced payment program. We would like to avoid these actions and provide you with an opportunity to reduce your debt and begin rebuilding a good credit history. If you would like to discuss settling the account for a reduced amount based on your circumstances, possibly through the use of savings, alternative financing or the help of a family member we will be happy to discuss this option with you. This will allow you to relieve yourself of responisility for repaying the remaining debt and represents significant savings to you.

 

(Signed by printer)

Please contact us... etc etc. Matthew McGrath - Head of Collections

 

A couple of days later:

Dear Mr x, I am writing to you as your account is seriously overdue and i have not been able to contact you by telephone.

 

Your total debt of £5,479.81 is to be legally assigned to debt collectors. However, I am prepared to take steps to prevent this prom happening. This will not be possible once the account has been legally assigned, and it therefore represents a once in a lifetime opportunity to reduce your debt.

 

There are two options available to you:

 

If you are able to make a payment of £2,192 against this full debt then i will consider writing off the remainder, and will reflect this on your credit file. If you are unable to raise funds immediately, please contact me to discuss alternative options.

 

Alternatively, for a fixed period, i may be prepared to release you from your obligations to pay the minimum amounts required by our standard terms on the condition that you instead make reduced monthly payments on your account. I will fix the level of the reduced monthly payments at a minimum rate of £44.00, and as long as you make those reduced payments, i will also suppress interest on your balance. This means that any payment received from you will be deducted from your outstanding balance.

 

I must make clear that if you do not make the reduced monthly payments which i set, you will immediately revert to our standard terms and conditions. That means that you will have to make standard minimum payments, and you will have to pay interest on your balance and any default fees you incur.

 

Please do consider this opportunity. I can be contacted on 0800 .. .. If you do not call, then i will not be able to help you.

 

(signed personally)

Paul Brighton - Customer Assisitance Section Manager

 

MINT: Dear Mr x, Thank you for your letter. Whilst the content of your letter has been duly noted, i must advise you that the bank would not be prepared to waive the outstanding balance, under these circumstances. I would however, be prepared to continue with your repayments of £1.00 per month for a period of three months. In July 2007, your account will be reviewed in the normal way. Within this arrangement interest and charges will be suspended.

If you have any queries, please telephone..

 

(signed personally)

 

L M Darby - Senoir Recoveries Officer

[Cornucopia]

Hi Davey,

 

Hope you are well!

 

Right, firstly, write to the idiots at Barclays and tell them you no longer have a phone or a phone number but you will be happy to receive their proposals via letter.

 

MBNA, I knew they would give you a hard time, mind you, you're lucky you even got those letters, they didn't even bother with us, just defaulted and sold without telling us. Again, you must write and tell them that it must be obvious to them that as you are in receipt of carer's allowance, their proposal is unrealistic and it should be blatently obvious you don't have such a lump sum available. My worry with MBNA is if they sell the debt then you end up with an evil DCA and a possible Bailiff situation.

 

Mint, well, that is a bit more positive. It buys you three months and at a pound a go, is probably manageable.

 

However, I think you are going to have to accept that none of them are likely to write the debt off. It was worth a try but I really think you need to be more proactive now. Whilst the CCA's are in the pipeline and we will just have to see what you get back from those, I think at the moment, we will just assume they have all your agreements, properly executed (if they don't, we'll deal with that another day).

 

On that basis, it really is time to seek professional help with this. CCCS are your best option at the moment and I am BEGGING you to give them a ring and tell them your story to date. I personally think they will advise bankruptcy as it seems to me this is the only viable option at the moment. In your situation, it is certainly not the end of the world as you have no assets and will be a carer for the forseeable future. You should be discharged pretty quickly and then obviously it will remain on your file for six years, however, this is SO irrelevant because your file is frankly going to be buggered anyway for that time. It might as well be buggered with a light at the end of the tunnel which is what you will get with bankruptcy.

 

I know you don't want to go down that route, but I think you have to look at the whole picture instead of trying to fight them off month in month out. The stress must be awful. Your Mum will be upset, I am sure, but I am pretty sure that she will see you did the right thing. I know this isn't what you want to hear but I think reality bites!

 

Let me know what you think or if I can be of any further help!

 

Hope Mum OK:)

 

x

[Cornucopia]

I forgot to say, you might want to remind MBNA that given the account is in dispute (because you have issued a CCA), they cannot sell the debt until they have provided you with the information you have requested. Do the same with Barclays as they are not listening to what you are saying!

 

You could try this with the others but as they seem to be being a tiny bit more helpful, I would just wait and see what you get back first.

 

[davey77]

Back again lol Haven't been online much lately to udate. Life you know. Anyways... where am i so far? ...

 

Capital One replied but with the same letter as last time "send us proof of benefits" etc. Seems my bank statement copy wasn't enough showing the IS and CA benefits. Couldn't find the entitlement letter at the time and still can't so i'll have to write to the DSS and get a copy to forward on. More delay, but still hopeful.

 

Barclays are B*****ds. They cashed my £1 cheque when you got my CCA request and then this morning to say:

 

"Thank you for your recent PAYMENT. Unfortunately, this was not enough to clear the accrued arrears. Ammount still over due, pay immediately, We now accept Switch etc etc"

 

Payment? What payment? That was clearing the fee payable for the CCA!! and they have cashed it to go towards my debt therefore have no intention of sending the CCA or even aknowledging they recieved such a request. I'm hopping mad this morning! How can you deal with this people!? I feel like reporting to the financial Ombudsman or something? Can i do that or is that the right place to go to?

 

My letter they replied to was:

 

"Barclays...Dear Sir,

Would you please write to the above address with a personal and detailed response as a matter of urgency re my previous request to write off the debt owed.

 

As you are fully aware i do NOT discuss my financial affairs over the telephone but am, and always have been, prepared and willing to communicate with you via letter and you certainly have all the necessary facts from myself in numerous and detailed correspondence the last four months regarding my personal and financially difficult circumstances to come to a final decision on this matter.

As you are aware my situation is unlikely to improve over the long term.

 

Please find enclosed a recent bank statement copy clearly showing CA (Carers Allowance) and IS (Income Support) deposits which other creditors have recently requested and by whom I am currently awaiting a decision.

 

With reference to the above account I would be grateful also if you would send me a copy of this credit agreement and a full breakdown of the account including any interest or charges applied. I understand that under the Consumer Credit Act 1974 [sections 77−79], I am entitled to receive a copy of any credit agreement and a statement of account on request. I enclose a payment of £1 which represents the fee

payable under the Consumer Credit Act 1974. I understand a copy of any credit agreement along with a statement of account should be supplied within 12 working days.

I understand that under the Consumer Credit Act 1974 creditors are unable to enforce an agreement if they fail to comply with the request for a copy of the agreement and statement of account under these sections of the Act.

 

 

I look forward to receiving your reply,

Me"

 

No other replies as yet from anyone else regarding the CCA's.

[Cornucopia]

Hello stranger! Good to see you're still out there fighting!!

 

Right, you need to write to Barclays immediately and insist that the £1.00 is removed from your account as it was to pay for the CCA request. I hope you've kept a note of when you sent them out, they must surely all be past 12 days now? You need to hang on until they are past 30 (to clarify 12 + 30) and then I will give you the letter to write to them. If you are past 12 days, they are already in default!

 

If you have issued everybody with a CCA, I would sit back and do nothing now (other than Barclays) and see what happens.

 

Hope you are well, how's your mum??

[davey77]

Yes still here! Thanks for that.. Almost to the 12 day mark.. i was late getting some out.

Mums good thanks. Enjoying the sunshine! Hope all is well with you Corn!

I will be writing a very stern letter this evening to Barclays! Anyone know who i can write to higher up in the Barclays chain? I am getting nothing back from Chris Gates - Collections Manager - accept automated and pointless letters. Who's the president of Barclays Bank?

[Cornucopia]

Yes still here! Thanks for that.. Almost to the 12 day mark.. i was late getting some out.

Mums good thanks. Enjoying the sunshine! Hope all is well with you Corn!

I will be writing a very stern letter this evening to Barclays! Anyone know who i can write to higher up in the Barclays chain? I am getting nothing back from Chris Gates - Collections Manager - accept automated and pointless letters. Who's the president of Barclays Bank?

 

That's OK, just keep on eye on your dates, this is very important!

 

Am glad mum's OK, sunshine? Horrible here! Lucky you!

 

You might have to go to the Barclays forum for the Barclays contact, they will probably have all that sort of info in their stickys.

 

I am fine, thanks for asking, still fighting!!!!

 

Keep us posted hun x

[davey77]

Sorry.. but i was baking in the sun yesterday!

Got the address thanks. Sending it to Barclays, Anita Hicks, Customer Relations Manager, 1 Churchill Place, London:

 

Dear Madam,

As Customer Relations Manager for Barclays I write to you as Chris Gates (Collections Manager -Kirkby) obviously is not interested in resolving, negotiating, communicating in a professional or personal manner whatsoever.

 

My letters over the last four months and their specific requests, comments, enquires therein have been deliberately ignored and fobbed-off with standard automated and repetitive replies.

 

I refer you specifically to the most recent letter received which is an exact copy of the letter sent to me 29th Nov 2006! It dared to be in the form of an ‘insufficient payment’ letter (dated 22nd march 2007) informing me that the £1 cheque sent which was received and signed for (by recorded delivery) was then cashed (23rd Mar) as a recent payment!

 

That was, as you are completely aware, NOT a payment towards my debts and i must insist that the amount of £1 be removed from my account and used as originally intended - per my request for the credit agreement under the Consumer Credit Act 1974 as specifically and clearly requested in my letter of the 16th March 2007.

 

That cheque was obviously intended for payment for said agreement as the appropriate fee under the terms of the above act and i demand it be used for that purpose.

 

If the replies to my correspondence the last 4 months have been some kind of delaying tactic that has been used against me then I must point out that a Judge will look unfavourably upon it should this ever be presented in a Court of Law.

 

(I enclose my previous communication for your benefit.)

[Cornucopia]

Sorry.. but i was baking in the sun yesterday!

Got the address thanks. Sending it to Barclays, Anita Hicks, Customer Relations Manager, 1 Churchill Place, London:

 

Dear Madam,

As Customer Relations Manager for Barclays I write to you as Chris Gates (Collections Manager -Kirkby) obviously is not interested in resolving, negotiating, communicating in a professional or personal manner whatsoever.

 

My letters over the last four months and their specific requests, comments, enquires therein have been deliberately ignored and fobbed-off with standard automated and repetitive replies.

 

I refer you specifically to the most recent letter received which is an exact copy of the letter sent to me 29th Nov 2006! It dared to be in the form of an ‘insufficient payment’ letter (dated 22nd march 2007) informing me that the £1 cheque sent which was received and signed for (by recorded delivery) was then cashed (23rd Mar) as a recent payment!

 

That was, as you are completely aware, NOT a payment towards my debts and i must insist that the amount of £1 be removed from my account and used as originally intended - per my request for the credit agreement under the Consumer Credit Act 1974 as specifically and clearly requested in my letter of the 16th March 2007.

 

That cheque was obviously intended for payment for said agreement as the appropriate fee under the terms of the above act and i demand it be used for that purpose.

 

If the replies to my correspondence the last 4 months have been some kind of delaying tactic that has been used against me then I must point out that a Judge will look unfavourably upon it should this ever be presented in a Court of Law.

 

(I enclose my previous communication for your benefit.)

 

Perfect, post it!

[davey77]

A reply from MBNA.. but not regarding the CCA but the previous letter I had sent and didn't hear back from posted 10th FEB!

It's really going on about the phone call issue which is academic considering i changed my number 3 months ago or so. Anyway, it doesn't really amount to much and i have no need to reply. The basis of the letter stated:

 

Once again apologise for the calls you have received from Global Vantage (GVI). MBNA pride themselves on their service etc etc...

 

Please rest assured that I have personally ensured that your accounts have been recalled from GVI so calls from them will cease.

 

We would like to discuss your Financial Statement with you at your earliest convenience and our Debt Management team is ready to take your call. We are unable to 'write off' your debt; but there are options we can discuss with you that will ease your situation... all fees and interest have been stopped until we establish a payment plan..

 

This is our final response..

 

Steve Bailey - Senior Vice President -MBNA

 

How many times do you have to say 'I don't discuss my finances over the phone'. gezzz And if they have 'options' available for me why not simply spell those out in a letter? They have all the info about me they could possible want. Because they want to get me on the phone and 'persuade' me to pay something that's why. Ah well... Still waiting for anything back from Capital One and the CCA's.

Watch this space (in the sunshine!)

[davey77]

HFC have today sent me a default notice and Cahoot an intention to default letter. Can they still do that as they are both over the 12 days for my CCA request?

[ladybird17]

A CCA request must becomplied with in 12 days + one calendar month.

 

Have you put it in writing that your accounts are formally "in dispute"?

[Cornucopia]

HFC have today sent me a default notice and Cahoot an intention to default letter. Can they still do that as they are both over the 12 days for my CCA request?

 

Hi Davey,

 

How weird! I was just thinking about you and trying to find your thread because I realised I have forgotten to reply to your post the other day!!

 

They are such idiots!

 

Write back immediately and tell they they they cannot default you whilst in breach of the CCA request and remind them of the following :

 

77

Duty to give information to the debtor under fixed-sum agreement

(4)

If the creditor, under an agreement, fails to comply with Sub-section (1) :

a.

He is not entitled, whilst the default continues, to enforce the agreement and

b.

If the default continues for one month he commits an offence.

78

Duty to give information to the debtor under running-account credit agreement

a.

State of the account and

b.

The amount, if any, currently payable under the agreement by the debtor to the creditor

(6)

If the creditor, under an agreement fails to comply with sub-section (1) :

a.

He is not entitled, while the default continues, to enforce the agreement and

b.

If the default continues for one month, he commits an offence that is punishable by a fine of £2,500 or 3 months imprisonment.

 

So, specifically Section 77(a).

 

Get those out today and see what response you get.

 

Keep me posted!

[davey77]

Thanks Corn! I shall get those letters out today! No Ladybird.. No formal 'dispute' letter, just the CCA's. But now I will certainly write to all concerned as all my creditors are in breach of the CCA requests to date. More letter writing ahead. Thank goodness for printers! Hope easter was sunny for all!

[ladybird17]

keep going Davey, I know it seems like a long slog, but you will get there in the end!

[davey77]

I sure will! Thanks Ladybird! At least we have the sunshine back again!

[davey77]

Ok.. Capitol One are giving me a bit of a rou around here: I asked them to write off the debt so they asked for original proof of Carer's Allowance. I sent a bank statement copy showing CA deposits as, at the time, i didn't have the letter from the Benefits people. They wrote back with the same letter. I ttok that to mean the statement wasn't good enough. By then i have the CC entitlement letter so sent the original off to them asking to return to asap.

A letter this morning says:

 

Thank you for your recent letter telling us of your situation. We would like to help you with your account. Please send us within 28 days either;

 

A letter from your doctor.

A letter from your hospital consultant.

A current sick note.

Proof of DLA/Incap/Carers Benefit.

 

It must say when you were diagnosed with your illness and/or the length of time you are singed off for.

 

They know it's not me that's ill and i have already sent them proof of carers allowance which they didn't return to me! ugh! Looks like they are just pulling these letters out of a pre written box to send me and not dealing with this as personally as i had thought.

 

I am going to have to write again and tell them that they already have original proof (which i am waiting to be returned to me) and i require an immediate and personal reply to my original request!

[davey77]

A reply from Barclays customer relations:

 

Dear Mr x,

 

Thank you for your recent 'email?', which was received at this office on the 2nd of April regarding the service you have experienced from Barclays. I am sorry that you have had cause to complain.

 

A copy of your complaint has been forwarded to a Manager for the relevant area who will arrange to have the matter fully investigated, and for somebody to contact you. You should hear from them by no later than 1st May.

[davey77]

This is what i intend to send to Capitol One:

 

Dear Madam,

I am at a loss to understand your recent communication and require a response to my original request to have my debt written off or a personal reply as to why the letters i am now receiving are not specifically tailed to my personal circumstances.

 

Your letter in reply to my request dated 23rd Feb 2007 asked for proof of Carers Allowance. At the time i did not have a letter so sent a recent bank statement copy showing Carer’s Allowance and Income Support payments.

 

Your reply to that dated 17th March was simply another request for proof of Benefits, by which time i had a Carer’s Allowance entitlement letter, which i sent to you asking that it be returned promptly.

 

Your letter received today, 11th March, is yet another request for Proof of Benefits and also did not include the return of my original Benefits letter.

 

I am disappointed that after good communication between us you are not continuing to reply to me in kind when you have in your possession all the necessary facts to reach a decision in my case. I am not a statistic but a real person. Please reply to me as one.

 

 

 

Yours sincerely, me

[Cornucopia]

This is what i intend to send to Capitol One:

 

Dear Madam,

I am at a loss to understand your recent communication and require a response to my original request to have my debt written off or a personal reply as to why the letters i am now receiving are not specific to my personal circumstances.

 

Your letter in reply to my request dated 23rd Feb 2007 asked for proof of Carers Allowance. At the time i did not have a letter so sent a recent bank statement copy showing Carer’s Allowance and Income Support payments.

 

Your reply to that dated 17th March was simply another request for proof of Benefits, by which time i had a Carer’s Allowance entitlement letter, which i sent to you asking that it be returned promptly.

 

Your letter received today, 11th March, is yet another request for Proof of Benefits and also did not include the return of my original Benefits letter.

 

I am disappointed that after good communication between us you are not continuing to reply to me in kind when you have in your possession all the necessary facts to reach a decision in my case. My situation should now be absolutely clear and I look forward to your early response.

 

 

Yours sincerely, me

 

Davey, the lines in bold, I have changed. They haven't complied with your CCA have they? I would wait until they have committed an offence personally. What stage are you at with the CrapOne CCA? Bear in mind, they can do nothing whilst it is in dispute in any event.

 

I would just wait, what do you think?

[davey77]

Thanks Corn! Yes i will ammend and probably send although will think about it, ta. Nothing from them regarding the CCA. And i have just breifly checked my bank statement and, although i have proof of delivery, MBNA never cashed the cheque i sent for the CCA. They got that 21st March...hmmmm

[Cornucopia]

Thanks Corn! Yes i will ammend and probably send although will think about it, ta. Nothing from them regarding the CCA. And i have just breifly checked my bank statement and, although i have proof of delivery, MBNA never cashed the cheque i sent for the CCA. They got that 21st March...hmmmm

 

Honestly Davey, I would just wait because the whole situation changes if they can't comply with the CCA.

 

MBNA will have put your cheque towards your account. I know, I know, but that is what they do. Very important to see what comes back from them as I have been presented with a Frankenstein agreement. I don't think anybody actually used the word "fraud".........did they??

[davey77]

Mint haven't cashed the cheque either. Even if they put the £1 towards my account wouldn't it show as being cashed? They have to actually cash it surely otherwise it's just a bit of paper.

 

Royalmail online can't supply the signed for proof signiture either for Halifax or Mint. I will try to contact them to see if i can find out why it isn't showing after all this time.

 

A Frankenstein agreement eh?! You should be able to take care of them with that pump action shot gun you have in your photo surely!

[Cornucopia]

Mint haven't cashed the cheque either. Even if they put the £1 towards my account wouldn't it show as being cashed? They have to actually cash it surely otherwise it's just a bit of paper.

 

Royalmail online can't supply the signed for proof signiture either for Halifax or Mint. I will try to contact them to see if i can find out why it isn't showing after all this time.

 

A Frankenstein agreement eh?! You should be able to take care of them with that pump action shot gun you have in your photo surely!

 

Hi Davey, that is correct, it would show it as cashed. Keep notes your the cheque numbers, it could take a while for MINT to cash it.

 

Don't worry too much about online confirmation, the fact is, you can prove you posted it by recorded delivery because you have the slips (you do have the slips don't you??!!).

 

Ah Davey, what you can't see, just to the right of the picture, is the long line of Men in Black with their hands in the air!!!

[davey77]

Yes, i have the slips. Got a text file with CCA info only- cheque numbers, when cashed (or not), who signed for it, when, dates etc. Getting quite good at admin these days!

 

ah that's the bank lining up to get their just rewards! Nice!