XX007 - UE Diary - Tomorrow never dies

[PlanB]

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

I've looked back to the start of your thread including posts I made then in 2015

I think this post by Niddy (below) says it all. You cannot afford to take a risk due to your job/profession.

You say the account has been put on hold until the end of the month so you have time to think this through. My suggestion is to send a SAR to Sainsbury's to see what information/data they hold.

If you decide to make a Full & Final Offer this forum has a Template Letter you can use, but I think it's best to negotiate from a position of strength so let's see what, if any, mistakes they may have made along the road first.

Re: XX007 - UE Diary - Tomorrow never dies

Hi & welcome

I've just checked your job and as you rightly say, too much derogatory data will affect your employment, sadly. That said, a default won't do no harm - it's usually CCJ's that'd be frowned upon and that's unlikely based on what you've said so far.

However as your job is in financial services as such then you might be better looking into alternative options other than unenforceability - even a managed DMP can result in AP markers as opposed to D markers. The bank serving a DN under s.87/88 isn't the same as a default entry on your credit file. Technically you're in default (of the agreement) a day after the first missed payment. However a lender usually gives 6-9 months prior to formally adding a D status to your credit file.

To be honest your job is the stumbling block here and I can't think of a way out other than risking non payment for 3-6 months at the risk of getting a default on your credit file, but once the debt is sold you can negotiate better with a DCA and usually pay around 20-30% of the balance. If you have paid charges / PPI then it all helps reduce the offer made.

So it's really your choice what route you decide to go down but you need to be careful.

Di

[XX007]

Hi there Di thanks for that i've been a bit premature as I did make an offer using the template but got a letter back asking for an I & E form and list of other creditors and a reason for only offering partial settlement before they would go back to the client.

I did say in the letter if we did not reach agreement I would revert to paying £10 per month and have started payments again as I'm not inclined to give them that information. Should i clarify that position in a letter?

Would keeping to the original agreed £10 per month make them less inclined to take any action on this?

Just to clarify an SAR would go to Sainsbury rather than Intrum who have taken over the debt?

[nightwatch]

Hi, yes the SAR would be sent to Sainsbury, so that you can see what they have done behind the scenes,
keeping to the monthly payments may hold action, but, it cannot be guaranteed they will stick to that always being the case, even when on an arrangement with step change they can decide to try court action, if they think they could get more money that way, doesn't always work out for them.

NW

[PlanB]

Hi there Di thanks for that i've been a bit premature as I did make an offer using the template but got a letter back asking for an I & E form and list of other creditors and a reason for only offering partial settlement before they would go back to the client.

I did say in the letter if we did not reach agreement I would revert to paying £10 per month and have started payments again as I'm not inclined to give them that information. Should i clarify that position in a letter?

Would keeping to the original agreed £10 per month make them less inclined to take any action on this?

Thanks for clarifying things.

I assume you made your F & F offer to Moorcroft who had already made you an offer to settle for 30% of the balance they are chasing on behalf of Intrum.

They would have asked for your I & E as the FCA says that they should do this to make sure they are not placing you in hardship when excepting an offer to pay, but that's probably not relevant since this was a F & F not an monthly repayment, although I think you may have suggested that as an alternative to a limp sum.

Did you F & F say that the funds would be provided by a third party such as a friend or family member?

However they may also see this as an opportunity to 'fish' to see whether you could pay more etc. and/or to see what other debts you have since these may no longer be visible on your CRA file if they were defaulted more than six years ago so the account entries would have been removed regardless of their current status.

You've told them that if they didn't except your offer you would continue to pay £10 per month. Was your offer made "Without Prejudice"? I can only assume it was less than 30% or they would have accepted it since that was their offer to you.

I can't speculate whether keeping to the original agreed £10 per month would make them more or less likely to take any action, that would be Instrum's decision not Moorcroft since they are not the debt owner.

If Intrum took that view then they would typically instruct solicitors who would send you a 'Letter of Claim' first giving you 30 days to respond including the opportunity to make an offer to pay by instalments on the Reply form.

You've recommenced your payment so see what happens next, but maybe don't engage in any correspondence with them without posting on here first.

Di

[Warwick65]

Really interesting article here about StepChange . Essentially it says that the bulk of their income is determined by the amount that is repaid to the creditors - this raises questions in my mind about the reasons why they try to get people to pay.

https://medium.com/stepchange/except...e-c9bd02c7e73e

[PlanB]

interesting article here about StepChange . Essentially it says that the bulk of their income is determined by the amount that is repaid to the creditors - this raises questions in my mind about the reasons why they try to get people to pay.

https://medium.com/stepchange/except...e-c9bd02c7e73e

What a helpful post

I might just re-quote that link to raise awareness that StepChange may not be exactly independent when ‘encouraging’ and/or advising debtors how to manage theirs debts, and don’t encourage debtors to check whether their debts are enforceable in legal terms.

Di

[XX007]

Thanks for clarifying things.

I assume you made your F & F offer to Moorcroft who had already made you an offer to settle for 30% of the balance they are chasing on behalf of Intrum.

Did you F & F say that the funds would be provided by a third party such as a friend or family member?

However they may also see this as an opportunity to 'fish' to see whether you could pay more etc. and/or to see what other debts you have since these may no longer be visible on your CRA file if they were defaulted more than six years ago so the account entries would have been removed regardless of their current status.

You've told them that if they didn't except your offer you would continue to pay £10 per month. Was your offer made "Without Prejudice"? I can only assume it was less than 30% or they would have accepted it since that was their offer to you.



Di

thanks everybody

I did say the funds would be provided by a third party and yes the offer was just above 10%. You are right almost everything is off my credit file now.

I'm not sure what you mean without prejudice, i kept pretty much to the template on here but have not used that term in the letter.

I will get a SAR off to Sainsbury in case this takes a turn for the worse.

[PlanB]

I'm not sure what you mean without prejudice . . . .

. . . . in case this takes a turn for the worse.

Let’s hope things don’t take a turn for the worse but send a SAR to Sainsburys to see what data they may/may not hold to help you if things get that far.

‘Forewarned is forearmed’ as they say when looking at a tactical advantage.

I’ll pop back tomorrow to explain what a Without Prejudice offer means.

Di

[PlanB]

I'm not sure what you mean without prejudice, i kept pretty much to the template on here but have not used that term in the letter.

If a letter is headed Without Prejudice it means it cannot be produced in court except in certain circumstances such as deciding who should/shouldn't pay costs.

There's a good explanation here > https://gowlingwlg.com/en/insights-r...hen-to-use-it/

It's not something you need to be worried about as hopefully this won't end in legal proceedings being issued.

Di

[Lola girl]

If a letter is headed Without Prejudice it means it cannot be produced in court except in certain circumstances such as deciding who should/shouldn't pay costs.

There's a good explanation here > https://gowlingwlg.com/en/insights-r...hen-to-use-it/

It's not something you need to be worried about as hopefully this won't end in legal proceedings being issued.

Di

Hiya Di,

does this mean that if you make an F&F offer by letter to a debt collector or original creditor that as long as you head it up ‘without prejudice’ this would not be admitting to the debt and as such restarting the statute bar clock?

Lola x

[XX007]

Hello folks everything has being going on well up to now but I am getting a bit of action on one of my cards that I would like a hand with please.

Type ofaccount credit card Barclaycard 1 of 3 (formally morgan stanley I think)
Date commenced september 2003
Approx balance £8,500
Date last paid April 2019
Are you on arrangement or not paying – not paying
Status defaulted - But dropped from credit file
Account owner PRA (Moorcroft are collection agent)

July 2014 default notice issued
July 2014 accepted my payment of £7 per month for the time being
July 2014 default notice issued
march 2015 sent off for info under section 78 of the CCA
April 2015 acknowledgement of my letter
April 2015 sent a reconstituted copy of the credit agreement
June 2015 formal demand issued
July 2015 letter from barclaycard saying the account was going to PRA group
September 2015 letter from barclaycard saying they were closing my account and the official date of transfer was 17/08/2015 enclosing a letter saying i needed to pay them (PRA) rather than barclaycard (i didn't change the standing order, I just left it)
- I have then received lots of letters from PRA over the coming years asking me to change my standing order and calls every day to my home phone and mobile asking to talk to me
november 2017 letter from barclaycard giving me an interest refund
June 2018 offer to settle for £3,000 sent by PRA
September 2018 - letter from Barclays giving interest refund
April 2019 - stopped payments
December 2019 - as PRA took court action on another barclaycard (we won!! Thanks J connely solicitors) I sent an SAR to Barclays they replied by sending me copies of bank statements and virtually nothing else.
March 22 - Letter saying account is being transferred to Moorcroft
June 22 - letter saying i can expect a visit from their local agent

I've got two other credit cards held with Moorcroft that i pay £10 per month and intend to deal with in the future.

I have not responded to Moorcroft about this Barclaycard Loan at all.

I've had resolveacall come to the door once but ive never had an agent of the collection company call.

Anyone got any advice as to how i should approach a home visit?

[Still Waving]

March 22 - Letter saying account is being transferred to Moorcroft
June 22 - letter saying i can expect a visit from their local agent

I've got two other credit cards held with Moorcroft that i pay £10 per month and intend to deal with in the future.

I have not responded to Moorcroft about this Barclaycard Loan at all.

I've had resolveacall come to the door once but ive never had an agent of the collection company call.

Anyone got any advice as to how i should approach a home visit?

Their "local agent" is merely someone like Resolvecall (if not actually them). Just refuse to talk to them, say everything to be in writing, and shut the door. Don't worry about appearing rude - they probably get lots of abuse in their line of work.

[nightwatch]

Hiya.
you were sent a " Reconstructed" copy of "A" credit agreement . did it state on the Document that was yours?
I doubt it.
you were offered a large discount to settle by PRA, you were still paying this debt but then stopped.
Silence.
They are getting their agent to call, that might just be a phone call, but if it is a visit, all his is going to do is ask you to contact Moorcroft, to reinstate your payments.

Or in the far out hippy vibe " Reconnect Man".

As has been advised, just doing their job, so , " Sorry (I'm) not here.

Enjoy your weekend

NW

[XX007]

Fab thanks folks.