dwj2112's UE Diary

[dwj2112]

Re: dwj2112's UE Diary

Thanks Mrs D - letter sent.

[dwj2112]

Re: dwj2112's UE Diary

Hi All,

Have been a bit inactive lately, but things seem to be escalating again now.

Had one card written off (yippee) - the Opus one as they couldn't find the CCA.

My three HBOS agreements are all enforceable. Have tried blagging and managed to keep them at bay for the best part of a year, but now I think I'm going to have to come to some arrangements. They seem to pass them around from one agency to another all the time, but now CapQuest and Akinika are putting their feet down. Particularly Akinika - I get several phone calls a day on both the mobile and landline. I've got to the stage where I've just unplugged my landline as they keep filling my voice mail box with automated messages so nobody else can leave me messages until I delete them! They really like to make things uncomfortable! I'm not in a position to settle any of the debts, but I guess I can't avoid making monthly payments anymore.

I have a Moorgate loan as well where they are insisting payment. I'm hoping the CCA is unenforceable, but if not, I think I will have to pay that one too.

MBNA have gone all quiet since I wrote to them and told them that the CCA was unenforceable, so hopefully that's them.

Barclaycard have never written to me once to pursue the debt, so that one's looking good too. :-)

[MrsD]

Re: dwj2112's UE Diary

Akiinika can be a bit pesky, I hope you are noting the phonecalls as this is plainly harassment.

I'd send this http://www.all-about-debt.co.uk/old/...t-by-telephone which should stop the phonecalls (we have a followup if the first one doesn't work)

Have they written to you or is it just phonecalls?

[dwj2112]

Re: dwj2112's UE Diary

Thanks for the quick reply Mrs. D. - great letter, I'll send one tonight.

I'm just in the process of updating my diaries at the moment.

Akinika are now dealing with 2 of the HBOS debts, and have written to me a few times for both of them.

The latest are:

Debt 1: £14k

21st November - offering me a "substantial" reduction to my balance if I pay within 72 hours of receipt of letter.

3rd December - demanding payment within 10 days or they will commence legal proceedings.

Debt 2: 5K

13th November - standard letter telling me I must get in touch or else

21st November - after reviewing my account they may be able to offer me a discount to settle but I must contact them urgently.

[MrsD]

Re: dwj2112's UE Diary

Have you sent SWIDs to them? If not, here it is http://www.all-about-debt.co.uk/old/...lst-in-dispute

[dwj2112]

Re: dwj2112's UE Diary

Thanks Mrs D.

All the HBOS CCAs were enforceable and I've managed to hold them off for a year, but all the DCAs have come back to me and said that I have the CCAs and they are enforceable.

[Never-In-Doubt]

Re: dwj2112's UE Diary

We'll sort out the most threatening (£2.5k) one first. Via email we've discussed a F&F of around 10% (£250)....

Let's see what they think to a cheeky offer

[SA Gold]

Re: dwj2112's UE Diary

Just caught up on this thread.

Got my fingers crossed for you Dewi. Good luck mate

[PlanB]

Re: dwj2112's UE Diary

I managed to buy a few properties too, in the hope that I would make enough income from those to live on.

I'm now massively in negative equity and, after a couple of really bad years, really struggling to keep on top of everything.

. . . . I haven't paid any of my unsecured debts since August, apart from the token payments, but I have been able to keep up the payments on my mortgages.

My main concern is that, if I go down the unenforceability route, I could end up losing my properties (although currently in negative equity) if any charges are put on them and all my hard work of the last 10 years would have been for nothing.

Sorry to see you're getting grief from your unsecured creditors. Have you managed to keep up with your mortgages which may be a priority? If you want me took take a look at those debts in isolation you could start a new thread in the Debt & Housing section although I do think this issue may be relevant to your diary in general.

[SaltnVinegar]

Re: dwj2112's UE Diary

My main concern is that, if I go down the unenforceability route, I could end up losing my properties (although currently in negative equity) if any charges are put on them and all my hard work of the last 10 years would have been for nothing.

I totally understand why you're nervous but did the debt management companies inform you that even if on a DMP that this was a real possibility. There are plenty people on here who have received court claims despite making DMP payments..........

[Never-In-Doubt]

Re: dwj2112's UE Diary

My three HBOS agreements are all enforceable. Have tried blagging and managed to keep them at bay for the best part of a year, but now I think I'm going to have to come to some arrangements. They seem to pass them around from one agency to another all the time, but now CapQuest and Akinika are putting their feet down. Particularly Akinika - I get several phone calls a day on both the mobile and landline. I've got to the stage where I've just unplugged my landline as they keep filling my voice mail box with automated messages so nobody else can leave me messages until I delete them! They really like to make things uncomfortable! I'm not in a position to settle any of the debts, but I guess I can't avoid making monthly payments anymore.

Ok, regards the phone calls send this to whoever rings - http://www.all-about-debt.co.uk/old/...t-by-telephone

Do not come to any agreement with anyone yet, first send the phone harassment letter then please remind us what these accounts are by completing the following for each of the three HBOS accounts and call them HBOS1, HBOS2 & HBOS3 (easier for us to follow then):

• Type of account (credit card/loan)
  
  
• Date commenced (ideally before Apr 2007)
  
  
• Approx balance
  
  
• Date last paid (approximate date you last made a FULL payment)
  
  
• Are you on arrangement or not paying
  
  
• Status (default/in arrears/up-to-date)
  
  
• Account owner (who is writing to you, a DCA or the lender)

I have a Moorgate loan as well where they are insisting payment. I'm hoping the CCA is unenforceable, but if not, I think I will have to pay that one too.

Is this what you emailed me on 11/12/13 that we were discussing offering a 10% F&F offer? Thing is, the CCA is from MBNA..... please clarify.

MBNA have gone all quiet since I wrote to them and told them that the CCA was unenforceable, so hopefully that's them.

Is this a separate MBNA account to the above one, I mentioned? I am just checking as I am slightly confused. Regardless you can ignore this until they write to you.

Barclaycard have never written to me once to pursue the debt, so that one's looking good too. :-)

Excellent, just let us know if and when they write to you...

[dwj2112]

Re: dwj2112's UE Diary

Cheers Niddy,

Do not come to any agreement with anyone yet, first send the phone harassment letter then please remind us what these accounts are by completing the following for each of the three HBOS accounts and call them HBOS1, HBOS2 & HBOS3 (easier for us to follow then):

Tell me about it! It's confusing enough for me to follow - can only imagine what it's like for the rest of you. All my diary entries are up to date now. I've labelled all 8 debts and will summarize them below - hope it clarifies things. The HBOS ones were originally with Bank of Scotland, Halifax and Intelligent Finance but now all fall under the HBOS umbrella.

With the exception of Debt Number 1 (which I'm paying off at £20 a month), I haven't made any full payments since August 2012. Token £1 payments were made by the DM Company I was with, but I cancelled that arrangement last December, so it's now been a year since I made any payments at all. I've also updated and used the same numbering for the threads in my "Upload your CCA/T&C's" section.

Originally Posted by dwj2112

I have a Moorgate loan as well where they are insisting payment. I'm hoping the CCA is unenforceable, but if not, I think I will have to pay that one too.

Is this what you emailed me on 11/12/13 that we were discussing offering a 10% F&F offer? Thing is, the CCA is from MBNA..... please clarify.

Yes that's the one (Debt Number 2). The loan was originally taken out with MBNA, but my understanding is that MBNA stopped dealing with loans a few years ago, and passed all their loan accounts over to Moorgate, but retained all their Credit Card accounts. My account was fully up to date when Moorgate took over.

Originally Posted by dwj2112 MBNA have gone all quiet since I wrote to them and told them that the CCA was unenforceable, so hopefully that's them.
Is this a separate MBNA account to the above one, I mentioned? I am just checking as I am slightly confused. Regardless you can ignore this until they write to you.
:

Yes - this one is totally separate (Debt Number 8). You had a look at the CCA back in July and deemed it Unenforceable :-)

In summary:

Debt1: HBOS Loan - paying £20 a month - enforceable.

The rest - no payments made this year.

Debt2: Moorgate Loan - the one we've been emailing each other about.

Debt3: HBOS 1 - constant letters and calls from Akinika.

Debt4: HBOS 2 - calls and letters from Cap Quest.

Debt5: HBOS 3 - constant letters and calls from Akinika.

Debt6: Opus Card - file now closed.

Debt7: Barclaycard - haven't heard a thing.

Debt8: MBNA Credit Card - Unenforceable - no response yet to my Missing Prescribed Terms letter in October,

Hope this clarifies the situation - let me know if there's anything you're still unclear about. The entries at the beginning of the thread should have all the information, as well as the threads in the "Upload your CCAs" section.

Other than sending out the telephone harassment letters, I'll just do nothing until I hear more.

Thanks Niddy.

[dwj2112]

Re: dwj2112's UE Diary

Thanks for all the other comments.

Plan B - I'll answer you more fully in the other thread that I've got running in the Housing section.

[Never-In-Doubt]

Re: dwj2112's UE Diary

Yes that's the one (Debt Number 2). The loan was originally taken out with MBNA, but my understanding is that MBNA stopped dealing with loans a few years ago, and passed all their loan accounts over to Moorgate, but retained all their Credit Card accounts. My account was fully up to date when Moorgate took over.

Ok, well lets try and settle this - see my next post which will deal with this one....

Debt1: HBOS Loan - paying £20 a month - enforceable.

For now send a new CCA Request to whoever owns the debt - continue paying but lets recheck this.

CCA Request -> http://www.all-about-debt.co.uk/old/...2-cca-requests

Debt2: Moorgate Loan - the one we've been emailing each other about.

See my next post for making the offer

Debt3: HBOS 1 - constant letters and calls from Akinika.

Send this -> http://www.all-about-debt.co.uk/old/...t-by-telephone

Debt4: HBOS 2 - calls and letters from Cap Quest.

Send this -> http://www.all-about-debt.co.uk/old/...t-by-telephone

Debt5: HBOS 3 - constant letters and calls from Akinika.

Send this -> http://www.all-about-debt.co.uk/old/...t-by-telephone

Debt6: Opus Card - file now closed.

Excellent - ignore this.

Debt7: Barclaycard - haven't heard a thing.

Excellent - ignore this.

Debt8: MBNA Credit Card - Unenforceable - no response yet to my Missing Prescribed Terms letter in October

Excellent - ignore this.

Hope this clarifies the situation - let me know if there's anything you're still unclear about.

Totally clear and up to date now mate

[Never-In-Doubt]

Re: dwj2112's UE Diary

Yes that's the one (Debt Number 2). The loan was originally taken out with MBNA, but my understanding is that MBNA stopped dealing with loans a few years ago, and passed all their loan accounts over to Moorgate, but retained all their Credit Card accounts. My account was fully up to date when Moorgate took over.

Ok lets try and get rid of these guys then eh?

Send this to whoever owns the debt.... good luck

Dear Sirs

Account No/Reference No: XXXXXXXX

I write with reference to previous communication regarding an outstanding balance on the above mentioned account.

I feel it is time to move on and look at settlement, as right now this will drag on for years with no sustainable possibility of success. Therefore, based on my specific individual circumstances, the best I could do is make £1 per month payments, otherwise feel free to take me to court and consider bankruptcy as this may well be the best solution for me; bearing in mind you are only one small creditor in amongst a whole host of others with much larger debts. Obviously in doing so will not just cost you money, but you'll also watch the alleged and disputed balance get wiped as part of any bankruptcy and we both know you don't really want that don't we? However, I have spoken to some friends and managed to scrape together £250 in which I am happy to offer you as full and final settlement on this debt; which represents 10% of the amount you claim is actually owed.

I cannot afford anything higher, so pointless asking. I cannot afford regular monthly payments either, so pointless asking. Therefore I do think my offer of £250 in F&F settlement of this account is more than generous based on the actual level of debt, after deduction of unlawful charges. I propose a single payment of £250 in complete settlement of this account; thus meaning you agree that this account will be closed, in totality, with no further comeback regards to any possible written-off balance from yourselves or any other agent.

The alternative is the possibility that one of my other creditors will come back and accept my offer made to them, thus reducing the amount available here, also delaying things into a several year £1 per month payment plan - this can be avoided by simple acceptance of my payment of £250 for full settlement and closure of this account.

To summarise, I am more than happy to settle for a single one-off payment of £250to be made within 21 days of receiving your response, so long as this response agrees with and ensures that the following actions will be carried out;

• You accept £250 in full & final settlement of this account with no reference or future ability to quote or use Penny v Cole [Pinnel 1602] in trying to recoup any written off balance;
• The Status of the account will change from “Defaulted” to “Settled”;
• The Current Balance will appear as £0.00;
• The Default / Delinquent Balance will be set to £0.00;
• You will update the entries on all 3 Credit Reference Agencies, namely Experian, Equifax & Call Credit

If you're happy with my proposal, please respond confirming each of the above points on official letter headed paper, confirming that you're happy for a single payment of £250; and I'll then send a cheque.

I look forward to your response, in the hope we can end matters on a more positive note.

Yours faithfully,