Rhinoman UE Diary

[rhinoman]

Re: Rhinoman UE Diary

Yep, thought they would.

Result mate

Well done

Yes a good result, Thanks Niddy for your letter and to be fair it was good percentage that was offered.

[rhinoman]

Re: Rhinoman UE Diary

I have a CCJ in favour of Mercedes which has been settled and I do have a letter from the solicitors confirming it has been settled at on the credit reference agencies it does not show as settle should I need this in place for the time being as a red flag to other DC is a may be thinking of taking the same action in the future or should I write to the courts for the them a copy of the letter explaining that it has settled and paying I believe £15 fee for a certificate of satisfaction or does anyone think that's I could live for this to be set aside on the grounds that at the time of the judgement I did agree with the amount been claimed, But now subsequently do not agree as it's has been set for what I now believe to be the correct amount.
So looks like I'm asking three questions leave alone as a warning to others and keep me away from temptation, Or apply the certificate satisfaction and possibly improve the appearance of my credit file for option three applied to have it set aside from the grounds.
Any thoughts on this matter would be greatly received from anyone with superior knowledge to mine for similar experience.
Thank you
kind regards
Rhinoman.

If you settled the CCJ within the standard 28 days from judgment (is this the last one we done a F&F on?) then you pay for the Certificate of Satisfaction and send a copy to the CRA's and trust online, who will then remove all trace of it.....

Hi Niddy
No it was not settled within 28 days judgement it was one of the settlement with full and final about June 2010. judgement was from sometime in 2009 Can't remember the date would have to look it up.
Are you saying that if I get the certificate of satisfaction it will automatically be taken off all is that only if it was settled within 28 days of judgement. As in my questions what is the best option for me to do?
Regards Rhinoman

[Never-In-Doubt]

Re: Rhinoman UE Diary

Yes a good result, Thanks Niddy for your letter and to be fair it was good percentage that was offered.

Was it not the £500 offer?

[Never-In-Doubt]

Re: Rhinoman UE Diary

It'll stay for 6yrs mate as you never paid within a month.

Just leave it; if it shows settled or not - it's still there as such. No rush to prove it's settled tbh

[rhinoman]

Re: Rhinoman UE Diary

Was it not the £500 offer?

Yes that's right what I was Saying that at 27% it was good offer that they could not really refuse when compared against the offer of token payments.
There have been a few posts recently talking of offers at 10% which seems to me in my humble opinion not be high enough to tempt the DCA's into settling.
The best settlements I have achieved have been at around about 23% and as you know recently I had to settle one that about 67% which did hurt but at the end of the day it was much better than receiving another CCJ.

Thanks again for all your help and support and the support from the site members which is greatly appreciated because without it life could be a much darker place.
Regards
Rhinoman

[garlok]

Re: Rhinoman UE Diary

Hi rhinoman,

Did you read the bits about percentages we put up. If not the reason I and others suggest starting negotiating at around 10% is that a DCA will normally have only paid 10p to 12p in the pound for the debt anyway. If you start low then you can always go up in small increments. It is much harder to come down if not impossible if you have started too high and they then play hard ball with your offers.

I suggest going as high as 20% of the original, always asuming it is enforceable, that gives the DCA/debt purchaser a 100% profit margin for actually doing nothing except being a parasite. At that point I would pull all offers off the table and see where they go next. Some will come back to the table and I would start at 15% and stick hard with it but never in a second round go above the 20%. Those that don't come back to the table I think it is safe to assume are going to go after you very hard any way.

We achieved a 10% using a solicitor to handle it all with the original creditor on an OD and loan, but I would not advise doing this alone without the legals in place and there is always an element of risk. As I keep banging on about this, F & Fs, any of them, are NOTHING to with CCA type Statute Law, this is Common Law of Contract and are fraught with pitfalls if you get it wrong. Hence note the case law in Niddy's template letters and this all really does go back to that case of 1602. Miss this and you leave yourself open to trouble later.

Hope that helps you a bit mate as to the reasoning behind what you have seen.

regards
Garlok

[rhinoman]

Re: Rhinoman UE Diary

NBNA Bank (4)
1. Type of account: Loan
2. Date commenced: 07/2003
3. Approx balance: £10,236
4. Date last paid: August 2009
5. Are you on arrangement or not paying: I was paying through a debt management company but not paying anything at the moment
6. Status : Defaulted
7. Account owner: Link Financial
History
10th of August 2010 sent Link a CCA request
18th of October 2010 sent Link non-compliance letter regarding CCA request
22nd of October 2010 letter from Link Financial acknowledging my request, we do not hold this documents as we purchased the account may take up to 30 days.
16th of September 2011 Letter received from link asking me to contact them as I have been ignoring there calls and it is essential that I call them to tell them while I have not paid them.
19th of September 2011 Sent link the letter entitled additional harassment letter to lender/DCA from the templates.
24th of September 2011 Letter received from Link Financial the letter titled complaint acknowledgement letter at the present time unable to resolve your complaint but acknowledge receipt that it. Sour complaint has been assigned to a complaints manager. Please find enclosed a copy of our summary of our complaints procedure. we will to contact you within the next four weeks.
22nd of October 2011 Letter received from Link Financial Outsourcing Holding letterAt this time we are unable to resolve your complaint as our investigations into the allegations made by you is still ongoing.
We are trying to complete the investigation as quickly as possible and apologise time taken so far to resolve your complaint.

Hi Everyone an update on my NBNA account Owned by Link financial outsourcing.
2 new letters received, But have been a bit slack in keeping things updated other things on my mind at the moment but here goes.


16th of November 2011 letter received from Link financial outsourcing thanking me for my letter dated 19 September 2011 then going on to say that original agreement is held by MBNA, we have requested a copy of the agreement so that a duplicate my provided to you then it goes on about a lot of stuff about financial ombudsman and what they can do what they can't re-reporting the account on my credit file and that they enclose statement of transaction summary for the account evidencing payments made by myself since the assignment of the account.
Then there is this lovely little nugget of the line which I quote for you “It is non-sensical that you would make payments on account, which is now disputed.”




2nd of December 2011 Letter received from Link financial outsourcing we write further in this matter. We confirm the original agreement for your account was held by MBNA.
We have recently been informed that the original agreement is not available.
We can confirm no enforcement proceedings have been issued in relation to this account and can confirm that payments have previously been made on this account in view of no enforcement action having been taken in relation to the account we would remind you of the findings in the matter of Philip Mc Guffick and the Royal Bank Of Scotland. We are also able to inform you that in the event MBNA is unable to produce a copy of the application form for the account the financial ombudsman service have made it clear that in situations such as this it is not unreasonable for us to continue reporting a default. It then goes on that the failure of creditor to produce a copy of the signed credit agreement is not on it's evidence that the debt does not exist or that it is not enforceable and should therefore not appear on customers credit file it then goes on about in closing transaction summary for the account evidencing all payments made on the account since the same was assigned to them on xx-xx-xxxx. And as I have requested no calls are made to myself we would inform you that our customers generally find it less time-consuming and less stressful to deal with us direct through the telephone and as a telephone-based company this is our preferred form of communication. However we are willing to deal with your account in writing at your request.
We await hearing from you with your payment proposal for the accounts by return.


I am thinking that this letter is a very nice Christmas present, But I will scan and e-mail the two letters Niddy to confirm that I have understood correctly.

[garlok]

Re: Rhinoman UE Diary

Hi rhinoman,

I think that that last letter is utter BS mate. They freely admit there is no agreement and without it they cannot enforce and they know it. Mc Guffick does not come into this as I see it. See what others say but i would be thinking of repsectfully reminding them of the response in Arkell v Pressdram (1971)

You would have thought that link would learned a valuable lesson from the Harrison case wouldn't you?

regards
Garlok

[Never-In-Doubt]

Re: Rhinoman UE Diary

Awesome result mate. You win.

Keep letter 2 very very safe. No agreement admitted by Link (wink wink)

Well done.

[rhinoman]

Re: Rhinoman UE Diary

Merry Christmas Niddy and In2Deep,

And I'd like to wish everyone else on this forum a very Merry Christmas and thank you all the help and support received.

Regards to all
Rhinoman

[Deepie]

Re: Rhinoman UE Diary

Merry Christmas Niddy and In2Deep,

And I'd like to wish everyone else on this forum a very Merry Christmas and thank you all the help and support received.

Regards to all
Rhinoman

Merry Christmas to you too Rhinoman

[Never-In-Doubt]

Re: Rhinoman UE Diary

Happy New Year - all quiet?

[rhinoman]

Re: Rhinoman UE Diary

Happy New Year - all quiet?

And a Happy New Year to you to ! yes it's all quiet at the moment and long may it stay that way, what an extraordinary year we've all had together,
some highs some lows, but overall more positive than negative.
Regards
Rhinoman

[rhinoman]

Re: Rhinoman UE Diary

Hi
Good Morning
Niddy, In2deep and all the UE gang.

Can't believe I haven't posted On here since 4 January and found my diary languishing near the bottom of page 7, but it's been all quiet up until yesterday when the letter arrived from Link financial.

A quick update from previous quotes follows

Hi Everyone an update on my NBNA account Owned by Link financial outsourcing.
2 new letters received, But have been a bit slack in keeping things updated other things on my mind at the moment but here goes.


16th of November 2011 letter received from Link financial outsourcing thanking me for my letter dated 19 September 2011 then going on to say that original agreement is held by MBNA, we have requested a copy of the agreement so that a duplicate my provided to you then it goes on about a lot of stuff about financial ombudsman and what they can do what they can't re-reporting the account on my credit file and that they enclose statement of transaction summary for the account evidencing payments made by myself since the assignment of the account.
Then there is this lovely little nugget of the line which I quote for you “It is non-sensical that you would make payments on account, which is now disputed.”




2nd of December 2011 Letter received from Link financial outsourcing we write further in this matter. We confirm the original agreement for your account was held by MBNA.
We have recently been informed that the original agreement is not available.
We can confirm no enforcement proceedings have been issued in relation to this account and can confirm that payments have previously been made on this account in view of no enforcement action having been taken in relation to the account we would remind you of the findings in the matter of Philip Mc Guffick and the Royal Bank Of Scotland. We are also able to inform you that in the event MBNA is unable to produce a copy of the application form for the account the financial ombudsman service have made it clear that in situations such as this it is not unreasonable for us to continue reporting a default. It then goes on that the failure of creditor to produce a copy of the signed credit agreement is not on it's evidence that the debt does not exist or that it is not enforceable and should therefore not appear on customers credit file it then goes on about in closing transaction summary for the account evidencing all payments made on the account since the same was assigned to them on xx-xx-xxxx. And as I have requested no calls are made to myself we would inform you that our customers generally find it less time-consuming and less stressful to deal with us direct through the telephone and as a telephone-based company this is our preferred form of communication. However we are willing to deal with your account in writing at your request.
We await hearing from you with your payment proposal for the accounts by return.


I am thinking that this letter is a very nice Christmas present, But I will scan and e-mail the two letters Niddy to confirm that I have understood correctly.

Awesome result mate. You win.

Keep letter 2 very very safe. No agreement admitted by Link (wink wink)

Well done.

The new letter from Link is asking me to call them without delay regarding outstanding balance and in big bold print ignoring this notice will not make this debt go away.

Just wondering whether I do actually ignore them or whether I should send them any kind of letter.

I look forward to your reply and advice.

Regards
Rhinoman

[Deepie]

Re: Rhinoman UE Diary

Hi
Good Morning
Niddy, In2deep and all the UE gang.

Can't believe I haven't posted On here since 4 January and found my diary languishing near the bottom of page 7, but it's been all quiet up until yesterday when the letter arrived from Link financial.

A quick update from previous quotes follows



The new letter from Link is asking me to call them without delay regarding outstanding balance and in big bold print ignoring this notice will not make this debt go away.

Just wondering whether I do actually ignore them or whether I should send them any kind of letter.

I look forward to your reply and advice.

Regards
Rhinoman

If it was me I Would send this----------->CCA Query - Letter Previously Confirming No CCA
with a copy of the letter you have