XX007 - UE Diary - Tomorrow never dies

[Gerry Jemitus]

As they now have your papers in order, they will likely insist on considerably more than 10%. However, if you do make an offer, do not acknowledge that you owe the debt, and make the offer as a third party full and final offer settlement. This is to ensure that they cannot reduce your balance by the amount paid, and sell the remainder on to another company. It doesn't often happen, but it's best not to take chances. Also make sure you have their agreement in writing. Simply sending a cheque marked 'in full and final settlement' for example, is not binding, even if cashed.

Although the paperwork may be in order, these cases can still be defended successfully, so this is not the end of the road.

[XX007]

I'm inclined to offer 10% is it worth a shot?

[XX007]

Thanks everybody I did get it off to Niddy and he came back to me saying everything is there and its enforceable.

[XX007]

sorry which debt is this?

It's the Intrum one (previously sainsbury personal loan)

[Warwick65]

Hi all I stopped paying my previously agreed £10 per month for this one and yesterday received a copy of the statement and agreement from Moorcroft. I've checked my paperwork and its an exact copy of the form i signed when starting the loan. Should i reinstate the £10 per month payment or offer 10% as a full and final payment. It's on hold until the end of the month.

If that was in response to a CCA request then they should have sent more

Copy of the agreement
Terms and conditions when you took out the loan
Terms and conditions when they defaulted
A signed statement of account (could just be a letter saying as of 10th April your balance is £x)

As the tech clerk says, if it is a cca response send it to Niddy for checking

[nightwatch]

Hi all I stopped paying my previously agreed £10 per month for this one and yesterday received a copy of the statement and agreement from Moorcroft. I've checked my paperwork and its an exact copy of the form i signed when starting the loan. Should i reinstate the £10 per month payment or offer 10% as a full and final payment. It's on hold until the end of the month.

sorry which debt is this?

[The Tech Clerk]

send agreement for checking to:- webmaster@all-about-debt.co.uk for checking (copy no redacting) refer to this thread, find out enforceable or not!

[XX007]

Hi all I stopped paying my previously agreed £10 per month for this one and yesterday received a copy of the statement and agreement from Moorcroft. I've checked my paperwork and its an exact copy of the form i signed when starting the loan. Should i reinstate the £10 per month payment or offer 10% as a full and final payment. It's on hold until the end of the month.

[XX007]

OK cheers Warwick.

[Warwick65]

Was that the cca?

Do you have proof it was posted/delivered?

if the answer is yes, no do not chase at this point , they are in default of your request. Why remind them?

[XX007]

So yes send the s77-79 CCA Request to Intrum but don't send a SAR to Sainsbury's yet. It would be better to wait to see how Intrum respond to your CCA Request first, that way you may capture any interaction between them and Sainsbury's which is subsequently logged.

Secondly, Intrum does not have FCA authorisation to issue legal proceedings, although that won't stop them from trying.

Hi all no response from intrum.

Is there a chaser letter i should send?

[XX007]

Strange timing.

Got a letter this morning from Sainsbury enclosing a cheque for £50 to apologise for not managing my account as they should between 2014 and 2017.

I think they applied some fees and interest they shouldn't have after i informed them of my problems.

[XX007]

While I do not believe that the offer of a discount AUTOMATICALLY mean the debt is unenforceable, the fact they are offering such a big discount so early on makes me think they suspect there is some reason. Of course it could be they recently bought for say 10% and if they get you to settle for 30% in a few weeks they have made a 200% Return on Investment. However if I were them I would have offered you say 25% off to see if you would bite and make them more dosh.

As Di says, there is a lot more to UE than just an agreement - a few of mine

RBS and Natwest - two enforceable agreements but Cabot closed them soon after they bought them when I sent a CCA request and told them they were UE because they could not provide the documents (RBS had previously provided two perfect copies of the agreement I signed)

Vanquis - a 2010 credit card sold to Lowell. The agreement was deemed enforceable but Lowell kindly closed it for me after I made a complaint.

Capital One - owned by Lowell ( I bet they wish they had tried their luck with Vanquis) . A good CCA request from cap 1, sold to Lowell who provided exactly the same copy when I asked for it and they went ahead and issued a claim. SOS to Di and Jo swung into action. It went all the way to court but a 'very nice man' convinced the judge that they had not issued a Default Notice so Lowell lost without any other part of my defence being considered. Naturally I am a bit of a fan of the 'very nice man' and of course Di and Jo for their help.

A lot of money now SB and just one small pesky amount that may or may not be SB.

Cheers Warwick that' s brilliant.

Good point about the discount as well.

[Warwick65]

I did get a letter from Intrum explaining they had taken the debt over.

the offer is for a 70% discount.

While I do not believe that the offer of a discount AUTOMATICALLY mean the debt is unenforceable, the fact they are offering such a big discount so early on makes me think they suspect there is some reason. Of course it could be they recently bought for say 10% and if they get you to settle for 30% in a few weeks they have made a 200% Return on Investment. However if I were them I would have offered you say 25% off to see if you would bite and make them more dosh.

As Di says, there is a lot more to UE than just an agreement - a few of mine

RBS and Natwest - two enforceable agreements but Cabot closed them soon after they bought them when I sent a CCA request and told them they were UE because they could not provide the documents (RBS had previously provided two perfect copies of the agreement I signed)

Vanquis - a 2010 credit card sold to Lowell. The agreement was deemed enforceable but Lowell kindly closed it for me after I made a complaint.

Capital One - owned by Lowell ( I bet they wish they had tried their luck with Vanquis) . A good CCA request from cap 1, sold to Lowell who provided exactly the same copy when I asked for it and they went ahead and issued a claim. SOS to Di and Jo swung into action. It went all the way to court but a 'very nice man' convinced the judge that they had not issued a Default Notice so Lowell lost without any other part of my defence being considered. Naturally I am a bit of a fan of the 'very nice man' and of course Di and Jo for their help.

A lot of money now SB and just one small pesky amount that may or may not be SB.

[XX007]

I did get a letter from Intrum explaining they had taken the debt over.

the offer is for a 70% discount.