Hello...i need help!

[Never-In-Doubt]

Re: Hello...i need help!

• Type of account (credit card/loan): Credit card with MBNA (Virgin)
  
• Date commenced (ideally before Apr 2007):Late summer of 2006
  
• Approx balance £2000 outstanding
  
• Date last paid (approximate date you last made a FULL payment)December 2010
  
• Are you on arrangement or not paying: I have wrote to them but had no reply to them agreeing to this. I sent £1.00 cheque.
  
• Status (default/in arrears/up-to-date) in arrears had a few letters from them
  
• Account owner (who is writing to you, a DCA or the lender) MBNA

As my last post, you need to explain more about what your position is - what did you write to them about and why did you send £1? was the £1 a nominal payment or was it for the CCA?

These Virgin agreements are "generally always" enforceable so I can tell you now to forget this one, they'll send the agreement to you. You need to consider this account on any dmp/agreement that you may strike up.

Again, if you requested the CCA then do nothing til they send it - then update here and we'll advise...

[Never-In-Doubt]

Re: Hello...i need help!

• Type of account (credit card/loan): Bank account overdraft
  
• Date commenced (ideally before Apr 2007):opened since 1999
  
• Approx balance £300 outstanding
  
• Date last paid (approximate date you last made a FULL payment)Nil been in O/D for last 4 months
  
• Are you on arrangement or not paying: I have wrote to them but had no reply to them agreeing to this. I sent £1.00 cheque.
  
• Status (default/in arrears/up-to-date) in arrears had a few letters from them and numerous calls, letter states that they will pass on to debt collectors if i did not contact them. I contacted them last month (Dec 2010) saying i will pay all this month (January 2011)but have not been able too.
  
• Account owner (who is writing to you, a DCA or the lender) Natwest

Bank Accounts are CCA1974 exempt so you cannot request a CCA - what is this £1 you keep mentioning?

For future reference, you do need to spell things out cos i've never spoke to you before and as such there is no history so i'm totally lost why you're sending these guys £1 unless it's a nominal payment to avoid action?

Please advise. Similarly, as above (Virgin) you'll need to consider this debt within any dmp/agreement you make as it is exempt from CCA1974.

[Never-In-Doubt]

Re: Hello...i need help!

• Type of account (credit card/loan): Credit card with Royal Bank of Scotland
  
• Date commenced (ideally before Apr 2007):September 2002
  
• Approx balance £5000 outstanding possibly more as i went over the credit limit
  
• Date last paid (approximate date you last made a FULL payment)December 2010
  
• Are you on arrangement or not paying: I have wrote to them but had no reply to them agreeing to this. I sent £1.00 cheque.
  
• Status (default/in arrears/up-to-date) in arrears
  
• Account owner (who is writing to you, a DCA or the lender) The Royal Bank of Scotland
  

Send the CCA request, stop payments and update us when you hear back: ---> CCA Request

[Never-In-Doubt]

Re: Hello...i need help!

Cheers Niddy, I hope I have included all the information correctly after going through the posts on here you are really are the peoples champ.

Hiya, just need you to spell a few things out for me...

Thanks

[eggy2011]

Re: Hello...i need help!

Hiya, just need you to spell a few things out for me...

Thanks

Apologies I should have been more clear from the start, just before xmas as everything was getting too much for me I contacted CCCS and followed their advice in the booklet by writing to them and offering them a token payment of £1. Hence the reason £1 was sent to all my creditors with a Income/Expenditure form.

I hope that clear things up for you,

CCA for the RBoS credit card will get that sent in the morning

DMP on the other plans that is fine, cannot argue with that!

Thanks for looking at these for me

[eggy2011]

Re: Hello...i need help!

Can you confirm exactly what the above relates to? I need to know, did you make a full payment that was due in November or just a partial payment? I am asking for two separate entries here - 1st, when did you last pay the agreed contractual amount, and then when did you last pay them any kind of payment?

This will be separate dates if you've been defaulted.....

I presume the £1 cheque you sent was for the CCA? If so, do nothing, pay nothing else, until you hear back from them and then notify us here before doing anything else.

No more payments just now ok? of any kind....

Apologies, just to clarify so it makes sense BoS/Halifax Loan , last full payment was made in Nov 2011,

£1 was sent in Dec 2011 with Income/Expenditure letter from CCCS advice booklet.

Since then they have issued me with several letters for payment , failed direct debit etc etc and then issued default notice last week, if i do not pay Dec & Jan payment in full by the end of this month.

[Never-In-Doubt]

Re: Hello...i need help!

If you only missed December payment then they would not default you this fast - are you sure you have been issued a default notice under s.87/s.88 of CCA 1974?

I suspect it's a threat of a default. To be quite frank, in your situation right now i'd probably look at doing a DMP......

[The Debt Star]

Re: Hello...i need help!

Eggy, imo you should pay Egg what you can afford. There is a way to pay Egg direct even if they do farm your account out to a DCA, which is to credit your account number using Egg's unique sort code. That way you cut out the DCAs. I would send Egg an income and expenditure sheet and a covering letter explaining your hardship. Make your offer based on realistic affordability and then just pay them direct.

[The Debt Star]

Re: Hello...i need help!

If you only missed December payment then they would not default you this fast - are you sure you have been issued a default notice under s.87/s.88 of CCA 1974?

I suspect it's a threat of a default. To be quite frank, in your situation right now i'd probably look at doing a DMP......

Egg are real quick to default folk. Always have been. They don't like direct negotiation either and will bung this off to Freds or CapQuest or some other murky DCA. I think the OP should pay Egg something and directly, based on whatever s/he can afford.

[caspar]

Re: Hello...i need help!

DS is right. It's always best to pay the OC if possible and cut the DCA out. Egg won't default over one missed payment and in the right circumstances can be understanding. They wrote off £10000 for me when I presented certain evidence to them. I was expecting them to make me bankrupt, but they didn't!

[Never-In-Doubt]

Re: Hello...i need help!

Just to add input, with the OC the risk of charges and interest being added and the fact a live account stays on your credit file for rolling 6yrs means it's best to get defaulted first in some situations because no matter what - you KNOW the entry will be removed in 6yrs PLUS you don't get added charges, PLUS you can haggle with a dca better than the OC so unfortunately I have to disagree with the claims above.

I think it is wholly dependant upon specific individual circumstance. I would rather know the default end date (ie start afresh date) as opposed to paying an account for 10yrs and at that point it'd still show 6yrs late payment markers. So in essence it's reporting derogatory data for in excess of 16 years, assuming you paid it after ten.

Get defaulted, the entry goes after 6 - regardless.

[The Debt Star]

Re: Hello...i need help!

thats very true niddy, i totally agree.

I am in a situation now where I have struggled and struggled to keep up repayments and if i get defaukted i will have been punished on my credit files for 12 years. wheras, if i'd defaulted 6 years ago it would be over and done with.

much depends on yuor age and circumstances. if you're young enough and have time to recover after 6 years of a burgered credit report, then a default can be a good fresh start in the longer term.

[The Debt Star]

Re: Hello...i need help!

They wrote off £10000 for me when I presented certain evidence to them. I was expecting them to make me bankrupt, but they didn't!

wow, casp, result!

[caspar]

Re: Hello...i need help!

wow, casp, result!

Yep, but you know my rather unique circumstances! They really are scared stiff of me when certain things are mentioned.

[Never-In-Doubt]

Re: Hello...i need help!

Yep, but you know my rather unique circumstances! They really are scared stiff of me when certain things are mentioned.

what certain things? Care to share...?

If its personal reasons, like me - never owed money, but am £120k in debt thanks to ID fraud - however i've won on that front - then yea, course they back down, but if you have useful advice that we (ie everyone) can use then care to share please?