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I think the attached default is invalid....should it have the debtors name and ADDRESS.
I want this account closed ..i did SAR & CCA to B Card...no CCA only reconstructed version.....i wrote to them asking for a pyament plan no response to my letter just freeze interest.
Today got Mercer's early christmas card letter!
Can i respond this way.. to stop default....what is the best action plan.. to get the account closed and get me out of debt.....
If Mercers are only processing the default....will they negotiate F & F at this stage?
Dear Sirs,
Account No: XXXXXXXX
I write with reference to previous communication regarding an outstanding balance on the above mentioned account and wish to make an offer to resolve that will suitably please both parties.
I do have an outstanding balance on the account, as you are fully aware this is made up primarily of charges. However, a default to you and no payment will not achieve much and so I therefore write to try and resolve matters amicably, that will suit both of us long term. I propose to offer a full and final payment to settle and close this account to the value of 50% of the original amount, which will take into account and absorb, a lot of the charges that have been added to the account throughout time.
The alternative is for me to place the account formally into dispute and demand s.10 CCA (1974) is brought into play (cease & desist) whilst I reclaim all unlawful charges combined with all costs. I shall then look at the legality of the assignment of debt; the issuance of a default notice and the agreement (prescribed terms) and between them, I'll probably be able to counter sue and litigate over unenforceability.
To summarise, I am more than happy to settle as much as 50% of the total amount owing so long as you can agree to, and ensure that, the following actions will be carried out;
a) The Default Notice will be removed
b) The Status of the account will change from “Defaulted” to “Settled”
c) The Current Balance will appear as £0.00
d) The Default / Delinquent Balance will be set to £0.00
e) There will be no date in the “Defaulted Date” field (as it will be removed)
f) There will be no date in the “Date Last Delinquent” field on the report
g) This will apply to all 3 Credit Reference Agencies, namely Experian, Equifax & Call Credit
If you're happy with my proposal, please respond confirming each of the above points on official letter headed paper, confirming the exact amount owing and I will send a cheque by return. Failure to agree will result in more formal papers being sent, by return.
I look forward to your response.
Yours faithfully
I want this account closed ..i did SAR & CCA to B Card...no CCA only reconstructed version.....i wrote to them asking for a pyament plan no response to my letter just freeze interest.
Today got Mercer's early christmas card letter!
Can i respond this way.. to stop default....what is the best action plan.. to get the account closed and get me out of debt.....
If Mercers are only processing the default....will they negotiate F & F at this stage?
Dear Sirs,
Account No: XXXXXXXX
I write with reference to previous communication regarding an outstanding balance on the above mentioned account and wish to make an offer to resolve that will suitably please both parties.
I do have an outstanding balance on the account, as you are fully aware this is made up primarily of charges. However, a default to you and no payment will not achieve much and so I therefore write to try and resolve matters amicably, that will suit both of us long term. I propose to offer a full and final payment to settle and close this account to the value of 50% of the original amount, which will take into account and absorb, a lot of the charges that have been added to the account throughout time.
The alternative is for me to place the account formally into dispute and demand s.10 CCA (1974) is brought into play (cease & desist) whilst I reclaim all unlawful charges combined with all costs. I shall then look at the legality of the assignment of debt; the issuance of a default notice and the agreement (prescribed terms) and between them, I'll probably be able to counter sue and litigate over unenforceability.
To summarise, I am more than happy to settle as much as 50% of the total amount owing so long as you can agree to, and ensure that, the following actions will be carried out;
a) The Default Notice will be removed
b) The Status of the account will change from “Defaulted” to “Settled”
c) The Current Balance will appear as £0.00
d) The Default / Delinquent Balance will be set to £0.00
e) There will be no date in the “Defaulted Date” field (as it will be removed)
f) There will be no date in the “Date Last Delinquent” field on the report
g) This will apply to all 3 Credit Reference Agencies, namely Experian, Equifax & Call Credit
If you're happy with my proposal, please respond confirming each of the above points on official letter headed paper, confirming the exact amount owing and I will send a cheque by return. Failure to agree will result in more formal papers being sent, by return.
I look forward to your response.
Yours faithfully
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