Credit Cards when Disability Hits Us (2) - Aqua

[Bill-K]

Starting a thread here for my Aqua credit card, which I am now unable to repay due to the onset of my wife's debilitating illness over the past year or two. The initial story starts in my other thread here, and involves two card accounts:-

http://forums.all-about-debt.co.uk/s...bility-Hits-Us

This is the thread for my Aqua account, which I have separated to here for clarity - in case things get complex. Naturally, I am seeking advice from the AAD community - but I hope that maybe my experiences might help any others who are in a similar situation, and are stumbling (or hobbling) along the same rough track. So - I got both lenders (Vanquis & Aqua) to agree to a reduced monthly repayment when our circumstances changed in 2013. Aqua agreed to halve the interest rate, and the account was suspended - but Mrs-K's debilitating illness became worse in 2014, and we claimed P.I.P. I contacted Vanquis & Aqua to offer reduced Full & Final settlements, but these were not accepted, and I subsequently had to reduce the repayments to a nominal £2 per month.

Vanquis now appear to have referred the account to Moorcroft, whilst Aqua have taken a slightly different 'tack,' it seems. Over 3 months after my initial offer to them, they have today written to say they would accept a 'partial settlement' of approx. twice what my original offer was. But unfortunately, it's a bit late now, as I have used the money I had earmarked for them to settle other pressing matters - so I guess I will have to reply that they will now have to settle for the ongoing £2 p/m, as there is nowt left in the biscuit tin. Ain't it funny - when we have nothing left to lose - we are sometimes in our strongest position.

How does that oldie song go again..."Freedom's just another word for 'Nothing left to lose'..."

(From "Me and Bobby McGee," for any You-Tube muso's)

[The Tech Clerk]

Re: Credit Cards when Disability Hits Us (2) - Aqua

Pay them £1.00 per month I use to, do it via their payment site and keep the usual record of payment receipts by date.

[Bill-K]

Re: Credit Cards when Disability Hits Us (2) - Aqua

Cheers TC - I made it £2 p/m, so if I were accused of being unreasonable - I could say that I was actually paying twice as much as I had been advised by online debt counsellors. I'm expecting it to be passed to a DCA eventually (not sure who Aqua/Barclays use) - and if they start passing me around from DCA to DCA, then I'll probably stop paying altogether, as I doubt if any of them will consider litigation a viable option. That will start the UE clock, and it's just 5 years up here in Auld Scotia - followed by complete extinction of the alleged debt.

I sent them a letter explaining that I have already used the money I offered them elsewhere, so I can't accept their offer. As I am unable to pay more than £2 p/m, then the addition of monthly interest will cause a spiral, so I have asked them to completely freeze all charges & interest, and told them that I am expecting the account to be passed to a DCA with the possibility of litigation - and I accept that is probably the only course left for either of us now.

[The Tech Clerk]

Re: Credit Cards when Disability Hits Us (2) - Aqua

O.K. Bill see what they come back with?

[The Tech Clerk]

Re: Credit Cards when Disability Hits Us (2) - Aqua

DEBT collection From FOS / FCA site

Debt-collection businesses are employed by all sorts of organisations to collect debts people owe for a range of things – from rent arrears and utility bills, to unpaid parking charges and trade debts. Debt-collection businesses are sometimes known as “credit-collection agents” or “debt-recovery agents”.
Debt-collection businesses are currently licensed by the Office of Fair Trading – and the OFT produces guidance on how they should carry out their consumer credit activities. We take that guidance into account when we look into consumer credit complaints about debt collection. We also consider any relevant law, as well as the facts and circumstances of the situation.

We often see similar issues arising in the complaints that consumers refer to us. For example, we see cases where the consumer says that the debt is nothing to do with them. In these cases we would expect the business to provide evidence that clearly shows they have been seeking repayment from the right person.
In other cases we see, consumers complain about the way the business has treated them. Some consumers tell us that the business has tried to contact them too often, or has been rude or aggressive. Others tell us that the business has rejected their repayment proposals out of hand, or is refusing to be flexible.
Our job is to look at the evidence to decide whether the business has behaved fairly.
We are often able to settle complaints involving debt collection by informal agreement. If we find that the business has done something wrong, this might involve compensation for the trouble or upset they have caused the consumer.
Some consumers hope to have their complaint settled by getting their debt written off. But writing off the debt isn’t always the right answer. We are more likely to recommend a suitable amount of compensation, which we calculate by assessing what has happened and how the consumer has been personally affected.
We won’t always tell a business to pay compensation. We might, for example, tell it to accept a reasonable offer of payment made by the consumer.
The case studies that follow illustrate some of the more common situations that we see in complaints involving debt-collection businesses.

[Bill-K]

Re: Credit Cards when Disability Hits Us (2) - Aqua

Interesting thought, TC. Considering the length of time the FOS takes to resolve PPI complaints - if a DCA hassles me, then I could perhaps refer them to the FOS, which would put the pursuit on hold for as long as the FOS takes.

[Bill-K]

Re: Credit Cards when Disability Hits Us (2) - Aqua

Another request for an I&E to be submitted. I'm currently going by Oscar's suggestion that I don't send them an I&E, so their request is being ignored. I believe I have explained clearly enough in my letters to them that we are now in dire straits financially, with the PIP claim (made last year) being recently refused.

The bottom line is that there is nothing left to negotiate with, thanks to IDS, DWP & Atos. It's not as though we won't pay - it's because we can't pay - and further negotiation is pointless. Aqua missed their chance when they had it, and now the cupboard is bare. They can waste further resources on chasing us to Kingdom Come, but the most they will get is what I have already offered - which is £2 per month for ever - and if they can't accept that, then they will have to settle for less, as we haven't got any more ! As a family, we have been hit by disability, and our intention to repay our debts has been undermined completely by IDS's clear intention to thwart us. Perhaps I should suggest that Aqua ask Ian Duncan-Smith to submit an I&E, as I'm pretty damned sure that the refusal of Mrs-K's PIP claim is down to his 'directive' to the Atossers to refuse every claim that is sent their way.

"As ye sow, so shall ye reap..."

[Bill-K]

Re: Credit Cards when Disability Hits Us (2) - Aqua

Had a little letter from Aqua last week insisting that I telephone them within 48 hours to discuss things. Letter sent today - 2nd class post - with copies of previous 2 letters in which I had already explained that there was no money in the pot (thanks to IDS & the DWP/Atossers), and that we really should get everything down in writing from now on.

In fairness, Aqua seem to be less 'aggressive' than Vanquis - but the name of the game is still the same, and I am expecting the inevitable referral to a DCA (or several !!!)

LOL - I note that the AAD software has 'found' my expression 'Dire Straits,' and embedded a link to their 'Brothers in Arms' album - nifty...and most fitting, I reckon !!!