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  • debrag
    replied
    Originally posted by debrag View Post
    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?
    Last edited by debrag; 1 March 2019, 12:38.

    Leave a comment:


  • Joanna Connolly Solicitors
    replied
    Originally posted by debrag View Post
    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

    Leave a comment:


  • Warwick65
    replied
    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?

    Leave a comment:


  • Roger
    replied
    Originally posted by debrag View Post
    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!

    Leave a comment:


  • debrag
    replied
    Originally posted by Roger View Post
    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?

    Leave a comment:


  • Roger
    replied
    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.

    Leave a comment:


  • debrag
    replied
    Originally posted by debrag View Post
    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.
    Last edited by debrag; 28 February 2019, 13:45.

    Leave a comment:


  • debrag
    replied
    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?
    Last edited by debrag; 26 February 2019, 16:51.

    Leave a comment:


  • debrag
    replied
    Originally posted by The Tech Clerk View Post
    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.

    Leave a comment:


  • The Tech Clerk
    replied
    NCO are in house debt department by the way

    Leave a comment:


  • debrag
    replied
    Originally posted by debrag View Post
    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?!

    Leave a comment:


  • nightwatch
    replied
    Originally posted by debrag View Post

    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.

    Leave a comment:


  • debrag
    replied
    Originally posted by nightwatch View Post
    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.

    Leave a comment:


  • nightwatch
    replied
    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"

    Leave a comment:


  • debrag
    replied
    Originally posted by nightwatch View Post

    when did you start this membership, what type was it, ie joining fee and pay when you go, or monthly DD membership, did you try canceling membership???
    It was a years contract with a monthly DD. I think I cancelled in person, can't remember sorry

    Leave a comment:

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