GDPR Cookie Consent by SimpleServe Privacy Script Night Monkey's diary - AAD Consumer Forum

Announcement

Collapse
No announcement yet.

Night Monkey's diary

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Night Monkey
    replied
    Do you own a property which has a mortgage so visible on your CRA file?
    We do own a mortgaged property, which is now about 70% owned after some struggle so I wouldn't like to muddy those waters.

    You say your CCA Requests have been "ignored" ...<snip>... could they be attempting to source or reconstitute the necessary documentation?
    Of the five debts, MBNA is enforceable, Santander unenforceable with Barclaycard and the two HSBC returning the POs without comment or reference to the CCA requests. Whether anybody is still looking for them a year on, who can say?

    Leave a comment:


  • Joanna Connolly Solicitors
    replied
    Originally posted by Night Monkey View Post
    if I do decide to let things continue I want it to be an informed decision.

    It takes two to make a decision when it comes to settlements.

    You've decided you want to settle your (currently) unenforceable debts, but that's meaningless if the debt owners don't want to accept your offers.

    Do you own a property which has a mortgage so visible on your CRA file? Some debt owners would rather aim for a CCJ and then a Charging Order in order to turn an unsecured debt into a secured debt where they hope to get 100% of the amount eventually.

    I believe negotiation is best done from a position of strength so you need to be certain you've reached the end of the line in your research and the facts of the situation won't or can't change.

    You say your CCA Requests have been "ignored" . Do you mean absolutely no reply at all, or could they be attempting to source or reconstitute the necessary documentation?

    Di

    Leave a comment:


  • nightwatch
    replied
    every person deals with debt in there own way, we cannot say don't pay it as it is not up to us to take that decision for you.
    What I will say is that we will understand that decision, even if, sometimes we don't agree with it.

    The choice has to be yours.

    Leave a comment:


  • Night Monkey
    replied
    Thanks for the reply, NW.

    It can be a mine field.
    Exactly why I started the debate, I'm aware that I would potentially be treading on very thin ice. But if I do decide to let things continue I want it to be an informed decision.

    gives me a warm glow to know that they still think of me x
    Surprising the change of feelings that come with taking control back, isn't it?


    Leave a comment:


  • nightwatch
    replied
    one more point, the debt is your's not your daughters.

    Leave a comment:


  • nightwatch
    replied
    While I realise that you would like to clear the deck's, as the saying goes, the longer you sit tight the better it is for negotiations. As has been said before, it's like a game of poker, never show your hand too soon, if you offer too soon they smell money and will try for more.

    you also need for the one's with the original creditor to be sold on, then wait again before jumping in. make sure the debt is enforceable, why pay out your much needed money to someone who is not leagaly entitled to claim it.
    If I was to turn up at your house and say I had won one of your debt's in a card game, I want you to pay me £6000 by thursday night, I am sure you would tell me to take a running jump.

    I take it all defaults were 2018 and placed on Credit File, so the defaults will be on till 2024.
    If you pay a reduced settlement, then most of the companys will report it as that with the CRA, plus you need to make sure the rest of the debt is not going to be sold on to be chased by anyone else, or even the same company but another department.

    It can be a mine field.

    I started my journey in 2011/12, I still have some companys contact me to see if I would like to pay them any money, gives me a warm glow to know that they still think of me x
    Last edited by nightwatch; 28 July 2020, 13:49.

    Leave a comment:


  • Night Monkey
    replied

    I realise that this may go against the grain, but I would like to discuss the possibility of reaching F&F with creditors. I'd like to explore ways of getting this situation done & dusted rather than have it hanging around for the next 6+ years, and I'm also getting towards an age where the worst might happen and if it did I wouldn't want my daughters having to deal with our ageing debt on top of everything else. While I accept that if it's unenforceable for me it's also unenforceable for them, it would be one more thing for them to worry about and they may well not have the resolve to stand firm if there's a quicker, easier and less scary way out.

    A brief summary of the situation, in round numbers:

    MBNA now with PRA Group (UK) Ltd., £9325 originally, paid £625 via SC, £8700 outstanding.
    Deemed enforceable by Niddy

    Barclaycard now with PRA Group (UK) Ltd, £7300 originally, paid £600 via SC, £6700 outstanding
    Returned £1 PO and ignored request for CCA

    Santander now with Wescot Credit Services, £6905 originally, paid £475 via SC, £6400 outstanding
    Deemed unenforceable by Niddy

    HSBC, now with HSBC recovery department, £6500 originally, paid £400 via SC, £6100 outstanding
    Returned £1 PO and ignored request for CCA

    HSBC, now with HSBC recovery department, £3850 originally, paid £400 via SC, £3450 outstanding
    Returned £1 PO and ignored request for CCA

    We have the above five debts, initially managed via a DMP with StepChange but self-managed for 5 months. We've put away the monthly payments that would have gone to SC which has now built up to ~£1500. I addition, if things go according to plan, I am due compensation from the accident which forced us to face our tower of debt and we are also fortunate enough to have recently had a relatively substantial increase in income which has allowed us to have savings for the first time in forever and also embark on some home improvements.

    Obviously I wouldn't want to rattle the cages of the holders of our debt and flag that our circumstances have improved, or indeed reset the statute barred clock. I'll be treading carefully if at all, and accept that different people have different situations, opinions and preferences. At the moment I'm looking for a discussion of possible ways forward and realise that the best option may be to do nothing.

    Happy to take this forward elsewhere on the site if it's deemed preferable but in the meantime, who'd like to get the ball rolling?
    Last edited by Night Monkey; 28 July 2020, 13:06.

    Leave a comment:


  • Night Monkey
    replied
    Good point, I bet they're all looking to minimize cost & contact in these strange times.

    Leave a comment:


  • nightwatch
    replied
    They could be using a printing service to save money.
    put all name's and info into a computer, press button A, printed on mass, button B, sealed and ready to go, button C, large box filled and ready for the post.

    Leave a comment:


  • Night Monkey
    replied
    Something which looked like a payslip turned up, opened by removing the perforated edges around the 'envelope'. It turned out to be a 'reminder' from Wescot inviting us to call their helpline so that one of their specialist agents can assist.

    Ignored and filed.

    Is this a new tactic to make sure that we open letters from them?

    Leave a comment:


  • Joanna Connolly Solicitors
    replied
    Originally posted by Night Monkey View Post
    And the StepChange GDPR finally drops through the door . . .

    The penultimate page lists creditors and account numbers, showing BarclayCard, HSBS Gold Visa, HSBC Bank Ltd., MBNA Ltd. and Santander Credit Card moving to HSBC Repayment Services (twice), PRA Group (UK) Ltd. (twice) and Wescot Credit Services

    I'm unsure if any of this helps, or what to look for specifically, but in the meantime it's filed away.

    It may not seem obviously helpful at this moment in time, but it may be in the long run especially if there are any potential assignment issues and dates etc.

    Di

    Leave a comment:


  • Night Monkey
    replied
    And the StepChange GDPR finally drops through the door - my guess is that someone's finally gone back to the office, found the envelope sitting in the 'out' tray, and duly posted it.

    It contains a 'please find enclosed letter' dated 23rd March 2020 listing the enclosed documentation:

    Copies of budgets;
    List of creditors;
    Debt Management Plan agreement signatures;
    Business Debt Line documentation;
    Payment history;
    System file notes (advisor names redacted);

    All of the above included, along with a summary of all our interactions and proof of income for both of us and the agreed budget.

    The penultimate page lists creditors and account numbers, showing BarclayCard, HSBS Gold Visa, HSBC Bank Ltd., MBNA Ltd. and Santander Credit Card moving to HSBC Repayment Services (twice), PRA Group (UK) Ltd. (twice) and Wescot Credit Services, although not in that order.

    I'm unsure if any of this helps, or what to look for specifically, but in the meantime it's filed away.

    Leave a comment:


  • Night Monkey
    replied
    Unless I've misunderstood, HSBC have still not complied with your CCA Requests for both of these accounts sent in September 2019
    You are correct, and I've printed out the Royal Mail confirmations of them receiving the requests.
    Last edited by Night Monkey; 18 July 2020, 12:01.

    Leave a comment:


  • Joanna Connolly Solicitors
    replied
    Originally posted by Night Monkey View Post
    Letters from HSBC noting lack of payments for CC & overdraft, and receiving no response from StepChange request that we contact them. Also 'threaten' to resume collections activity which 'may include calls and letters' apparently.

    Unless I've misunderstood, HSBC have still not complied with your CCA Requests for both of these accounts sent in September 2019

    Don't send a SAR to them yet - maybe these accounts will be assigned to a debt purchaser next.

    Di

    Leave a comment:


  • Night Monkey
    replied
    Letters from HSBC noting lack of payments for CC & overdraft, and receiving no response from StepChange request that we contact them. Also 'threaten' to resume collections activity which 'may include calls and letters' apparently. Updated relevant posts on page 1 and filed letters.

    Leave a comment:

Working...
X