Getting myself out of debt

[debrag]

I would not worry at this point what the account is Lowell are chasing you about. If they want anything they will write to you and tell you. I know that is easier said than done, I always want to know what's going on but it really is counterproductive because 1) All you do is stress and 2) If you contact them they will think you are willing to talk

Found out it's for my Very account. Had the welcome letter from them end of Feb.

[Warwick65]

So ARC are now ringing me again, will be sending out the harassment letter again. CCA request going out also.

I'm also being contacted by Lowell, no clue which debt they are chasing. Could it be Natwest?

I would not worry at this point what the account is Lowell are chasing you about. If they want anything they will write to you and tell you. I know that is easier said than done, I always want to know what's going on but it really is counterproductive because 1) All you do is stress and 2) If you contact them they will think you are willing to talk

[debrag]

Debt 11 David Lloyd

Opened:	August 2016
Type:	Gym
Current Balance:	£582
Last payment:	£1.00 | July 2018
Last fill payment:	July 2016
Arrangement:	Reduced payments
Status:	Unknown
Owner:	ARC

ARC if I don't pay start phoning, can I send the do not phone letter now?

2018
August - received email + letter agreeing on a payment plan of £1 a month, I didn't agreed to this as I told them the agreement was £0.
August - receiving calls every day/other day - ignoring - harassment letter has been sent
September - received a 'could issue a claim' letter
October - received a letter from Major Law Solicitors

2019
March - Getting calls again from ARC - not paid since sometime November 2018, haven't heard form them for months.

So ARC are now ringing me again, will be sending out the harassment letter again. CCA request going out also.

I'm also being contacted by Lowell, no clue which debt they are chasing. Could it be Natwest?

[Joanna Connolly Solicitors]

Debt 15 Credit Union Loan

Opened:	August 2016
Type:	Loan
Current Balance:	£4889
Last payment:	£60 | November 2018
Last fill payment:	August 2018
Arrangement:	Arrangement to pay
Status:	About to default

2017
Took out loan with the local credit union

2018
Paying £120 each month till July
July - come to arrangement to pay £60 a month
December - Unable to pay

2019
February - Letter received stating my account will be past on to Wilkin Chapman LLP
February - Email received from credit union stating my account will be passed on to Wilkin Chapman Solicitors and it will result in a CCJ

----------------

I can't find anyone involved with this guys.
Do I ignore till I hear something from Wilkin Chapman? Obviously I don't want a CCJ.
Should there be a notice of assignment first?
The credit union keep wanting me to call them, is there anything I can send them to tell them I will only deal in writing?

Has this debt been defaulted?

You can send the s 77-79 CCA Request but not all credit union loans are regulated by the Consumer Credit Act - it depends on the interest rate charged. Is it above 3% per month?

This is explained here but it's a bit wordy > https://www.fca.org.uk/firms/credit-...onsumer-credit

You can tell them you don't want to deal with the issue on the phone and ask them to put everything in writing from now on. It's too stressful talking to these people who may put you under pressure to agree to payments which could cause you hardship.

Post up if/when you hear from Wilkin Chapman LLP (solicitors). It appears this debt still belongs to the credit union.

Di

[Warwick65]

How did you take out the loan, was it online or via a signed document.

To be honest it is likely they will find the agreement or at least a copy of what you would have signed although as I know personally, UE is not all about the CCA request.

To answer your question about the Notice of Assignment , no if they haven't actually;u sold the debt they do not need to send one, it sounds as if all they have done is instruct solicitors.

They have been a bit naughty saying you will incur all costs etc as small claims court costs are fixed and for £5K debt are around £100 I think but that has little bearing on any defence.

If they do issue a claim you may want to talk to Di but to avoid a CCJ you can always go for a consent order where you agree to pay an affordable amount each month and you will not get a CCJ, however miss a payment and bang you are stuffed so to speak.

Diana Mayhew any ideas?

[Roger]

My account is still with the OC, is a CCA still worth it?

Yes because the S.77/78 plus £1 Recorded Delivery is your right under CCA and they can't take you to court whilst this is outstanding.
The AAD template S.77/78 doesn't admit liability and is a perfect written response at this stage!!

Sue or Sell is my thinking!

[debrag]

You need to remove the pre-litigation letter (it identifies you).

Have you sent a CCA S.77/78 plus £1. Unless others disagree I think you should do so now.
The new regulations require that you are sent a Letter Before Claim (LBC) before a claim can be raised.

My account is still with the OC, is a CCA still worth it?

[Roger]

You need to remove the pre-litigation letter (it identifies you).

Have you sent a CCA S.77/78 plus £1. Unless others disagree I think you should do so now.
The new regulations require that you are sent a Letter Before Claim (LBC) before a claim can be raised.

[debrag]

Debt 15 Credit Union Loan

Opened:	August 2016
Type:	Loan
Current Balance:	£4889
Last payment:	£60 | November 2018
Last fill payment:	August 2018
Arrangement:	Arrangement to pay
Status:	About to default

2017
Took out loan with the local credit union

2018
Paying £120 each month till July
July - come to arrangement to pay £60 a month
December - Unable to pay

2019
February - Letter received stating my account will be past on to Wilkin Chapman LLP
February - Email received from credit union stating my account will be passed on to Wilkin Chapman Solicitors and it will result in a CCJ

----------------

I can't find anyone involved with this guys.
Do I ignore till I hear something from Wilkin Chapman? Obviously I don't want a CCJ.
Should there be a notice of assignment first?
The credit union keep wanting me to call them, is there anything I can send them to tell them I will only deal in writing?

Just found a 'pre litication 'letter:



My latest email states:

Due to the fact you have failed to contact us back with regards the pre litigation letter that we posted and emailed to you recently, we are left with no other option but to add your account to our solicitor’s referral list today, meaning your account is now scheduled to be sent out to Wilkin Chapman solicitors to proceed with litigation via the County/High courts to seek recovery of the full balance, plus court costs and solicitor fees incurred.

You need to be aware this action will result in a County Court Judgement (CCJ) being sought, which will have a serious impact on your credit file and may prevent you from obtaining any further forms of finance or credit for a period of six years.

Also your outstanding balance may now increase as you are liable to pay all court fees and solicitor costs obtained in securing the repayment of the loan.

It is not too late to avoid this action from commencing, but to achieve this I need you to call me back within 48 hours.

I understand making contact may seem daunting at this late stage; however it will benefit you greatly to do so.

I only hope you contact us back before the account leaves our offices, as at that point it will be the solicitors dealing and the matter will be out of our hands.

[debrag]

Debt 15 Credit Union Loan

Opened:	August 2016
Type:	Loan
Current Balance:	£4889
Last payment:	£60 | November 2018
Last fill payment:	August 2018
Arrangement:	Arrangement to pay
Status:	About to default

2017
Took out loan with the local credit union

2018
Paying £120 each month till July
July - come to arrangement to pay £60 a month
December - Unable to pay

2019
February - Letter received stating my account will be past on to Wilkin Chapman LLP
February - Email received from credit union stating my account will be passed on to Wilkin Chapman Solicitors and it will result in a CCJ

----------------

I can't find anyone involved with this guys.
Do I ignore till I hear something from Wilkin Chapman? Obviously I don't want a CCJ.
Should there be a notice of assignment first?
The credit union keep wanting me to call them, is there anything I can send them to tell them I will only deal in writing?

[debrag]

NCO are in house debt department by the way

I know I haven't heard anything from them for months only statements from Very. The default was from Very.

[The Tech Clerk]

NCO are in house debt department by the way

[debrag]

Debt 3 Very

Opened:	December 2016
Type:	Catalogue
Current Balance:	£767
Last payment:	£1.00 | July 2018
Last fill payment:	November 2017
Arrangement:	DMP till May 2018
Status:	Late payment on credit report
Owner:	Very (NCO)

2017
December - NCO letter, 'we are acting on behalf of Shop Direct'

2018
January - Very statement
March - NCO letter, Notice of Sums of Arrears under CCA 1974
March - NCO letter, Total outstanding letter
March - NCO letter, Confirmation of the following payment arrangement (£1)
May - NCO letter - Concerns regarding overdue account
June - Very statement
July - Statement received along with arrears letter and fact sheet
September - Credit limit has been reduced to £850.
October - Received secure letter via email / message on account letting me know 'we appear to have not received your most recent payment' and that I have £401.13 in arrears
November - Received secure letter via email / message on account letting me know 'we appear to have not received your most recent payment', overdue payment is for £426.80.
December - Received secure letter via email ;The Customer Arrears Support Team need to speak to you, please get in touch.' Overdue amount of £450.67.
December - Received secure 'please contact us' letter. 'You are seriously in arrears'.
January - Received statement. Balance £767.73, min payment £493.50, arrears £472.87

2019
January - Default notice received. In breach of arrears of £472.87 to be paid before 30th Jan 2019. Further enforcement action to be taken if not paid. Full balance is £767.73.

Is my account finally going be be defaulted?!

[nightwatch]

I'm not really disputing that I owe the money just that I can't afford to pay it yet.

then just write and tell them that.

[debrag]

Ok when did you start the membership and howlong ago dod you cancel,
the problem with Gym membership is that somewhere in the small print it has something that is impossable to get out of, ok so you think you cancelled in person so did you owe this money when you terminated the membership OR was it what was left to pay on it,
If you cant remember you could send and say you have no idea what this amount is for and need to see the contract you are supposed to have signed
OR
You could try a "have you got the right person letter"

I'm not really disputing that I owe the money just that I can't afford to pay it yet.