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CCAs and Settlements

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  • Greybeard
    started a topic CCAs and Settlements

    CCAs and Settlements

    Hi Everyone,

    New here and first post.

    I've been on a DMP for over 6 years now, all defaults have dropped off my credit file and actually have an 'EXCELLENT' credit score!

    Currently have around 20K of 34K original debt remaining and have got settlement offers from the 3 creditors totalling 11K

    Sat here with CCA letters in hand and can't decide if I should go that route or just pay off the debts? (I have that option)

    Would replies from CCAs that were UE give me a chance of getting better settlement offers?

    Current offers are reductions of 50%;30%;28%

    Don't want to risk trashing my credit file again as looking to remortgage.

    Help much appreciated, TIA

  • Greybeard
    replied
    Thanks, got the number muted and not on vibrate either so donít even notice the call haha.

    Leave a comment:


  • The Tech Clerk
    replied
    Ah! the old machine auto diallers set to ring every day or so some time more, pick up and wait and you hear a click - signifies some poor respondent has fallen for the trap and auto dialler diverts call to a desk jockey?? who has a script to try and frighten you into submission and get them commissions and monies for the Xmas party they miss so much these days because people are wiser to facts? no doubt, see what they send next, all in writing if suggested you respond to any of them ever.

    Leave a comment:


  • Greybeard
    replied
    Looks like someone is keen to speak to me! Should I continue to ignore phone calls and wait for a letter?
    96445406-1E3A-4258-9B41-95F5CD5A9E59.jpeg
    Attached Files

    Leave a comment:


  • Diana Mayhew
    replied
    Originally posted by Greybeard View Post
    • Halifax Credit Card
    • 1991
    • 9K
    • 2012
    • DMP £80/mth
    • Defaulted (over 6 years)
    • Lowell-managed by Moorcroft Debt Recovery
    05/02/19 CCA request sent
    05/02/19 All PAYMENTS STOPPED
    29/04/19 Letter received from Moorcroft stating that Lowell are unable to provide a copy of credit agreement so that's a bonus! They're asking me to call them to arrange a payment plan though because they believe the outstanding balance to be 'correctly due'.
    Filed and ignored

    I'll assume that this is the debt you've been discussing on the phone with Lowell?

    It appears you sent your s77/78 CCA Request to Moorcroft (a Debt Collection Agency) not Lowell (the debt owner).

    Don't send another request.

    However at the moment you have nothing in writing from Lowell to acknowledge they've been asked to produce the credit agreement in order to comply with your statutory request.

    Wait and see what they send you in the post next.

    Di

    Leave a comment:


  • Greybeard
    replied
    Thanks Di!

    Leave a comment:


  • Diana Mayhew
    replied
    Originally posted by Greybeard View Post
    at what point do I engage with them? Only by mail? or wait for an LBC?

    Update on your thread each time to receive a letter from Lowell (or any of your other creditors) and suggestions on your next step will be given.

    If they intend to issue legal proceedings then the account will be passed to Lowell Solicitors. In the meantime expect letters from Lowell Portfolio.

    Di

    Leave a comment:


  • Greybeard
    replied
    Thanks All,

    If the advice then is to basically ignore them, at what point do I engage with them? Only by mail? or wait for an LBC?

    Leave a comment:


  • Diana Mayhew
    replied
    Originally posted by Greybeard View Post
    I now have Lowell calling me. Having spoken to them today it transpires that the account has now been returned to them from Moorcroft and they want to set up a new payment agreement.
    Told them I was still waiting for info to be supplied under CCA and was told that they didn't need to send me a copy of the credit agreement as they had sent me a notice of assignment in 2015.
    I told them to send me whatever they thought they needed to but that until they complied with the CCA request (ie. send me a copy of the credit agreement) then the debt was unenforceable.
    What do you guys think?

    Personally I wouldn't have spoken to Lowell on the phone.

    Everything needs to be in writing to create a paper trail especially since this is a £9k debt.

    It's good news that they have still not complied with your s77/79 CCA Request.

    Di

    Leave a comment:


  • The Tech Clerk
    replied
    sit on your hands why are you ringing them?? they do not need reminding that they have not produced the required documents?? contacting them will make them think you are easy prey?? they do not need encouragement! you do not want them to search harder etc?? ringing them unless told to is a NO NO
    you were probably talking to a telephone jockey who gets commissions for ill gains :- script on a pad in front of them with no knowledge of the Legislation or trained liars hoping you believe them. (The sick debt collection cowboys)
    Last edited by The Tech Clerk; 19th June 2019, 09:33.

    Leave a comment:


  • Greybeard
    replied
    So after a period of no contact, I now have Lowell calling me. Having spoken to them today it transpires that the account has now been returned to them from Moorcroft and they want to set up a new payment agreement.
    Told them I was still waiting for info to be supplied under CCA and was told that they didn't need to send me a copy of the credit agreement as they had sent me a notice of assignment in 2015.
    I told them to send me whatever they thought they needed to but that until they complied with the CCA request (ie. send me a copy of the credit agreement) then the debt was unenforceable.
    What do you guys think?

    Leave a comment:


  • Diana Mayhew
    replied
    Originally posted by Greybeard View Post
    Thanks Di,
    Fully expecting PRA to chase and surprised they havenít


    Maybe you expect PRA to chase you because you've been told that the credit agreement is enforceable based on the documents they've produced (so far).

    Maybe it is, and maybe it isn't.

    A section 78 CCA Request is for 'information' purposes not 'proof' purposes so even if the documents produced satisfy s 78 CCA Request that doesn't necessarily mean the debt is enforceable. The legal bar is higher for the next stage.

    In the case of Santander v Diana Mayhew (me ) I lost on s 78 CCA but won on other legal arguments pleaded.

    Take a look at Paragraph 14 of my Judgment here >

    https://www.bailii.org/ew/cases/Misc/2012/14.html

    And then read Paragraph 15 which says the claim was dismissed and they had to pay my legal costs.

    Di

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  • Greybeard
    replied
    Thanks Di,
    Fully expecting PRA to chase and surprised they havenít but I guess itís just going to be a waiting game.

    Leave a comment:


  • Diana Mayhew
    replied
    Originally posted by Greybeard View Post
    I'm thinking I'll just ignore these three debts until they decide to contact me.

    PRA looks to have provided all the info under the cca request but have not contacted me since.

    Moorcroft have sent statements but said they can't provide a credit agreement

    Link have just sent statements and no credit agreements.

    I think that makes sense

    If no one is chasing you then let sleeping dogs lie.

    Di

    Leave a comment:


  • Greybeard
    replied
    Hi, any advice on how to proceed?

    I'm thinking I'll just ignore these three debts until they decide to contact me.

    PRA looks to have provided all the info under the cca request but have not contacted me since.

    Moorcroft have sent statements but said they can't provide a credit agreement

    Link have just sent statements and no credit agreements.

    On a plus note, just recieved £165 cheque from Lloyds refunding charges and interest on another account that I settled.

    Leave a comment:

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