Ibiza's UE Diary!

[MrsD]

Re: Ibiza's UE Diary!

nope it's a separate business

[1NightInIbiza]

Re: Ibiza's UE Diary!

Thanks

Letter from Spreadex today. Letter before action. They want money within 14 days or "we will issue Court proceedings against you for the recovery of the outstanding monies without further reference to yourself. if profceedings are issued, all costs and interest will be added to the outstanding amount."

Had a letter from them before this one saying it would be "debt collection activity or Court proceedings". So this one implies they've decided on court proceedings?

Googling the template, it seems someone else got the same letter for 4x more debt, 2 & a half years ago, but never updated to say whether they went to court/what actually happened: http://www.justanswer.com/uk-law/4vf...er-action.html

[1NightInIbiza]

Re: Ibiza's UE Diary!

It's like Christmas. That was yesterday's post.

Just opened todays....

Nationwide Credit Card..... You have been served with a default notice, you must now pay the full balance (£4547.26). If you do not pay straight away, we will instruct "KPR Debt Collection" to collect the balance.

It seems KPR is a trading name of Nationwide!!! I've seen some weird setups in my time, but that tops it!

[1NightInIbiza]

Re: Ibiza's UE Diary!

Natwest don't ever seem to step up the tone of their letters?

It's just more and more and more of the same thing...

Dear Mr.....,

We urgently need to speak to you regarding your account.
Contact us on....

Beverly from Natpest collections.

[Pixie]

Re: Ibiza's UE Diary!

Thanks

Letter from Spreadex today. Letter before action. They want money within 14 days or "we will issue Court proceedings against you for the recovery of the outstanding monies without further reference to yourself. if profceedings are issued, all costs and interest will be added to the outstanding amount."

Had a letter from them before this one saying it would be "debt collection activity or Court proceedings". So this one implies they've decided on court proceedings?

Googling the template, it seems someone else got the same letter for 4x more debt, 2 & a half years ago, but never updated to say whether they went to court/what actually happened: http://www.justanswer.com/uk-law/4vf...er-action.html

Loads of people will have had the same letter so not much point googling...especially as you don't know what happened.

This is enforceable because of the date. It is up to you whether you want to try blagging it by sending http://www.all-about-debt.co.uk/old/...-before-action or try to come to some payment arrangement.

It seems KPR is a trading name of Nationwide!!! I've seen some weird setups in my time, but that tops it!

There's loads like that where the dca is the next desk along from the OC.

[1NightInIbiza]

Re: Ibiza's UE Diary!

Yea not sure whether to try and come to an arrangement or just ignore them.

Literally can't afford to pay anything. A quid if they took it I guess.... but I don't want to keep the debt active.

Guess it's a gamble between either paying a quid to shut them up, hoping they sell it on before too long and then balls it up and the whole lot becomes unenforcable. Or ignoring them and seeing how far they actually take it.

Given the Natwest situation, I reckon I'll be getting a CCJ from that anyway, so tempted to just let everyone else add some more on and ensure the debts aren't kept active?

[Pixie]

Re: Ibiza's UE Diary!

I got a ccj from one of my enforceable debts...I pay £1 a month (decided by the court) and I reckon it's keeping other enforceable debts from making a claim against me because it would cost them more than they would get. I'm not saying that would be the right decision for you as I'm a lot older.

If you don't want to keep the debt active then send the template I suggested.

[1NightInIbiza]

Re: Ibiza's UE Diary!

Interesting Thank you!

Is it worth editing the template (seeing as I've not been dealing with them at all etc!) or just leaving it exactly as it is?

Got a letter from KPR today demanding payment in 7 days (dated the 9th!!). Saying Nationwide are considering a CCJ etc.

Gonna send all letters back unopened now... then they might get the message!

[SXGuy]

Re: Ibiza's UE Diary!

Sending letters back unopend wont stop any possible court action.

The problem you have is this is post 2007, they dont need original paperwork to issue a claim, unless there was something which failed to be a proper agreement at the time of signing, you really have 2 options, admit the debt, ask to pay £1 and see if they accept, Or continue blagging, and hope they dont go to court.

Should bare in mind though that £1 per month, doesnt mean they wont still issue a claim anyway. But the upside to a claim is, if you really cant afford any more, yes you would get a CCJ, but the court would award the payment, and they wouldnt be able to force you to pay more without going back to court, which is unlikely.

[SaltnVinegar]

Re: Ibiza's UE Diary!

Sending letters back unopend wont stop any possible court action.

The problem you have is this is post 2007, they dont need original paperwork to issue a claim, unless there was something which failed to be a proper agreement at the time of signing, you really have 2 options, admit the debt, ask to pay £1 and see if they accept, Or continue blagging, and hope they dont go to court.

Should bare in mind though that £1 per month, doesnt mean they wont still issue a claim anyway. But the upside to a claim is, if you really cant afford any more, yes you would get a CCJ, but the court would award the payment, and they wouldnt be able to force you to pay more without going back to court, which is unlikely.

Totally agreed with this - in fact I wouldn't send stuff back unopened as you risk opening yourself up to being painted as a dirty debt dodger when instead you could be making the assertion that you've tried everything you can to come to an amicable arrangement but its the creditor who have been unreasonable. Makes it much easier to push for a low payment.

So an example of this - you've been given 7 days to make a payment or else they'll consider a CCJ. This fails the requirements of civil procedure rules so is probably an empty threat. If however it isn't, and they issued court claim off the back of this, then you would use this as evidence that the creditor has not adhered to the requirements of CPR and request that they are liable for their own costs and shouldn't be added to the debt.

You wouldn't be able to make this argument if you hadn't opened the letter and sent it back

[1NightInIbiza]

Re: Ibiza's UE Diary!

Thank you good points!

They've now sent exactly the same thing but with 14 days this time!

[1NightInIbiza]

Re: Ibiza's UE Diary!

KPR have now written to me offering me settlement of just over 3k without prejudice etc - a 30% discount.

7 days to pay it or it'll be withdrawn. Not bad considering I've never spoken to them!!! Still can't afford that much, it says call to discuss it, but assuming there's no point?

[SaltnVinegar]

Re: Ibiza's UE Diary!

They've now sent exactly the same thing but with 14 days this time!

Ok, so 14 days is slightly more reasonable and means they may be serious but many of us have had these letters and have come to nothing. Not saying that yours won't, but you know they've upped the ante just a little.

KPR have now written to me offering me settlement of just over 3k without prejudice etc - a 30% discount.

7 days to pay it or it'll be withdrawn. Not bad considering I've never spoken to them!!! Still can't afford that much, it says call to discuss it, but assuming there's no point?

So if this is (unfortunately) not UE what could you afford as a F&F offer (if you're able to).

And no don't call them, even if you want to put an offer on the table - everything in writing - rule #1

[1NightInIbiza]

Re: Ibiza's UE Diary!

Hi Everyone

Just wanted to say Merry Christmas to everyone on here, especially those who've helped me.

Much appreciated

Have a good new year!

[Pixie]

Re: Ibiza's UE Diary!

Hope you had a good Christmas