Help!

[embrace1204]

Hi

I've offered F&F settlements of 50% ish of remaining balance to CL Finance (originally a HSBC loan debt) and also to Co-op. I've not heard from the Co-op yet but CL Finance said no and want an extra £2825 which I don't have. I received a phonecall on Friday saying they wanted £6400 now not the £3775 that I offered, I asked if they owned the debt and they said yes. I asked if they had the CCA, they said no! I've got a letter here to send off requesting the CCA, if they reply saying they don't have it etc, what do I do then?

Any other tips on how to get a F&F accepted when they've already refused it twice. The original debt was £17,000 for HSBC so I've obviously paid approx £10k towards it in last 6 years. I'm being made redundant hence why I have a lump sum available.

[MrsD]

Re: Help!

Embrace, welcome to AAD,

i think it would be a good idea if you read up on unenforceability and decide whether you want to do that or offer F&F. it looks as if they are not going to play ball with the f&f for the moment so it may well be worth asking for CCAs. Are these your only debts or are there any more? If you look at the UE threads here and have a think about how you want to proceed. Your credit record is already trashed because of these debts and if you are still paying them it will be six years at least until your record is clear, even if they accept a f&f tomorrow. If you go for UE, same applys, if they are UE, it will take 6 years to clear your record. have a think and a read and come back to us with the necessary information. Good Luck

[di30]

Re: Help!

Hi there
I'm sure someone will be along with more ideal advice on where to take this one, but in regards of your matter, have you also tried getting in touch with one of the free debt organisations, such as for example:
The National Debtline, CCCS etc, I will post the links for you below of these organisations, but when I was in hardship I contacted the CCCS who went through all the expenditure of incomings and outgoings.

They will normally arrange some sort of monthly payment to what you can manage a month and try to negotiate with your creditors.
And possibly ask them to freeze on the interest charges.

If they keep refusing, you can make a complaint to the Financial Ombudsman Service under the hardship criteria, and then write to the company to inform them the account is in dispute and now in the hands of the Financial Ombudsman Service (FOS), but continue to pay what you can afford every-month.

The point is here, if they keep refusing the debt will continue to rise alongside with the interest, so if they freeze the interest then that would be a help to you.
The FOS upheld our case and the bank had to freeze the interest/charges and refund it all back to the account, and compensate a extra £100 directly to me for further distress and inconvenience.


But see what happens first, take the right steps to contacting a free debt organisation if they are refusing to accept payments to what you can afford each month.

However, your entitled to a copy of your CCA, they should comply to this.
Did you actually write and enclose the required payment of £1 cheque or postal order for this request?
They should therefore comply by 12 days to this request.
I think Niddy can help more on this side of it, but due to the issues of debt of coming to some sort of an affordable arrangement if this continues to fail with you trying to sort matters out, check these organisations below.

http://www.nationaldebtline.co.uk/

http://www.cccs.co.uk/

The best of luck on this and I'm sure someone will be along soon to give the best advice they can.

[MrsD]

Re: Help!

you should read here #1 for all the info on UE

[Susie]

Re: Help!

If the account is up to date they are not likely to take a f&f, plus its usually better to start with a low amount but I'm sure someone who knows more about it will help soon.


Edited to say you have already had help while I was typing

[di30]

Re: Help!

Oops sorry folks, missed your posts.

[embrace1204]

Re: Help!

Hi

It's been on a DMP for the last 6 years or so with CCCS. As you say my credit rating is already trashed so it makes no difference to me at the moment, what does matter is that I can afford to live and if I can't get anywhere with them then I can't!

[embrace1204]

Re: Help!

As stated in my original post, i've got the letter here requesting the CCA ready to go off tomorrow, especially after they told me on the phone they don't have one! Can anyone please answer what do I do if the letter I receive from them also says they don't have one?

Hi there
I'm sure someone will be along with more ideal advice on where to take this one, but in regards of your matter, have you also tried getting in touch with one of the free debt organisations, such as for example:
The National Debtline, CCCS etc, I will post the links for you below of these organisations, but when I was in hardship I contacted the CCCS who went through all the expenditure of incomings and outgoings.

They will normally arrange some sort of monthly payment to what you can manage a month and try to negotiate with your creditors.
And possibly ask them to freeze on the interest charges.

If they keep refusing, you can make a complaint to the Financial Ombudsman Service under the hardship criteria, and then write to the company to inform them the account is in dispute and now in the hands of the Financial Ombudsman Service (FOS), but continue to pay what you can afford every-month.

The point is here, if they keep refusing the debt will continue to rise alongside with the interest, so if they freeze the interest then that would be a help to you.
The FOS upheld our case and the bank had to freeze the interest/charges and refund it all back to the account, and compensate a extra £100 directly to me for further distress and inconvenience.


But see what happens first, take the right steps to contacting a free debt organisation if they are refusing to accept payments to what you can afford each month.

However, your entitled to a copy of your CCA, they should comply to this.
Did you actually write and enclose the required payment of £1 cheque or postal order for this request?
They should therefore comply by 12 days to this request.
I think Niddy can help more on this side of it, but due to the issues of debt of coming to some sort of an affordable arrangement if this continues to fail with you trying to sort matters out, check these organisations below.

http://www.nationaldebtline.co.uk/

http://www.cccs.co.uk/

The best of luck on this and I'm sure someone will be along soon to give the best advice they can.

[MrsD]

Re: Help!

Hi Embrace

You should read all of this #1

before sending off the CCA request, do you know how old the account is and is and what kind of account is it? Some things such as overdraft are not covered by the same legislation.

[embrace1204]

Re: Help!

Yes I've read it all before I initially posted.

The loan was taken out in 2002, it was passed to the DCA in 2005. I also stated in my initial posting it's a HSBC loan debt.

[Susie]

Re: Help!

Can anyone please answer what do I do if the letter I receive from them also says they don't have one?

If I got that reply I would keep it VERY safe and get celebrating

[embrace1204]

Re: Help!

Why? They can still pursue it can't they? Just not through a court?

[diddlydee]

Re: Help!

Firstly, if they don't have a CCA then you are right, they can still persue it, however, if you wished to go down the F&F route, it does put you in a stronger position.

Did you have any PPP on this loan; if so, then it is possible that a successful reclaim could clear the slate for you.

Other options are available, but it seems that you wish to clear the loan?

Diddly

[embrace1204]

Re: Help!

Hi I did have PPi on this loan but not since it got sent to the DCA 6 years ago. They bought the debt so no ppi has been paid since then. Yes I just want to get rid of this loan and my co-op credit card to enable me to live without the stress of how I'm going to pay my debts off whilst looking for a new job.

Firstly, if they don't have a CCA then you are right, they can still persue it, however, if you wished to go down the F&F route, it does put you in a stronger position.

Did you have any PPP on this loan; if so, then it is possible that a successful reclaim could clear the slate for you.

Other options are available, but it seems that you wish to clear the loan?

Diddly

[Never-In-Doubt]

Re: Help!

Don't send anything yet. I'll pop in tomorrow and have a chat with you if you're about....

Just sit tight for a few hours...