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  • #1

    UE Diary

    Hello I would appreciate some advice.

    I am awaiting funds from a relative then I will be offering F&F payments to my creditors. Should I send out CCA and account statement requests before the F&F lump sum is available (awaiting sale of business) from my father? I'm scared they'll take it the wrong way and I will then be summoned to court or have to pay in full etc. Is it also a good idea to reduce the monthly payments to token payments while negotiating?
    Tags: account, accounts, advice, arrangement, business, cabot, cca, claim, court, credit, credit cards, creditor, creditors, current accounts, dca, dca's, debt, debts, default, defaults, discontinued, dmp, enforcement, false, faults, funds, help, information, interest, loan, mbna, money, offers, payments, protection, purchasers, rbs, scrap, statute, statute barred, ue diary, unenforceability, work, wrong
  • #2
    Re: UE Diary

    Hi and welcome to AAD. We need more information before we can help you. How many debts do you have? How much are they and when were they taken out? Read here http://forums.all-about-debt.co.uk/s...-Read-me-First! and follow the suggested format so that everything is easier to follow.
    I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

    If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

    Comment

    • #3
      Re: UE Diary

      Apologies


      • Type of account (credit card/loan) - 2 credit cards, 1 loan and 4 current accounts
      • Date commenced (ideally before Apr 2007) - Jul 09
      • Approx balance - £23000
      • Date last paid (approximate date you last made a FULL payment) - not sure
      • Are you on arrangement or not paying - on a DMP
      • Status (default/in arrears/up-to-date) - Defaults but over 6 years ago now
      • Account owner (who is writing to you, a DCA or the lender) - current account with RBS the other two are DCA's (Cabot and PRA Group)

      Comment

      • #4
        Re: UE Diary

        Well done for starting you journey. x
        if you do it today and you like it you can always do it again tomorrow

        I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

        If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

        Comment

        • #5
          Re: UE Diary

          Type of account - 2 credit cards, 1 loan and 4 current accounts
          Date commenced - Jul 09
          Approx balance - £23000
          Date last paid - not sure
          Arrangement or not paying - on a DMP
          Status - Defaults but over 6 years ago now
          Account owner - current account with lender the other two are DCA's

          16/1 - I am awaiting funds from a relative then I will be offering F&F payments to my creditors. Should I send out CCA's and account statement requests before the F&F lump sum is available (awaiting sale of business) from my father? I'm scared they'll take it the wrong way and I will then be summoned to court or have to pay in full etc. Is it also a good idea to reduce the monthly payments to token payments while negotiating?

          Comment

          • #6
            Re: UE Diary

            I'll try to find one of our experts for you xx
            if you do it today and you like it you can always do it again tomorrow

            I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

            If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

            Comment

            • #7
              Re: UE Diary

              Hi w2bf, please try not to worry, there is a long process to go through before court. With your diary can you do a separate post for each account? Send out CCA requests with £1 for each account http://forums.all-about-debt.co.uk/s...mplate-Letters. Send them recorded delivery.

              Post back here when you get replies for further guidance.

              At the end of the template letters there is a section with guidance for these as well.
              I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

              If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

              Comment

              • #8
                Re: UE Diary

                Originally posted by want2bfree View Post
                I am awaiting funds from a relative then I will be offering F&F payments to my creditors. Should I send out CCA and account statement requests before the F&F lump sum is available (awaiting sale of business) from my father? I'm scared they'll take it the wrong way and I will then be summoned to court or have to pay in full etc. Is it also a good idea to reduce the monthly payments to token payments while negotiating?
                Hello wantobefree and to AAD

                I understand you are based in Scotland where the legal system is different. We'll take note of that.

                You are considering making F & F settlements to your creditors but before you start to negotiate those I agree with your view that you should send CCA requests to all your creditors so you know where you stand legally speaking.

                Why pay money to creditors if you don't have to

                Make a separate post for each debt and we'll take it from there.

                I see you have a debt which has been sold/assigned to PRA so please tell us more about that. Was it a MBNA credit card originally?

                I also see you have a credit card or loan (?) debt which has been sold/assigned to Cabot so more information on that one would be helpful.

                Plan B x

                Comment

                • #9
                  Re: UE Diary

                  Hi there and welcome to AAD!

                  Sending off the CCA requests is definately the first step before you go offering F&F offers. With regard to the current accounts, make sure you send the current account format CCA requests.

                  I wouldn't be telling any creditors that you may be in the pipeline for getting money from a relative. This is not for them to know at the moment.

                  I also noticed you're on a DMP. Are you managing this yourself, or is a 3rd party managing the DMP for you?

                  Best
                  SnV
                  "I fear all we have done is to awaken a sleeping giant and fill him with a terrible resolve."

                  The consumer is that sleeping giant.!!


                  I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                  If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                  Comment

                  • #10
                    Re: UE Diary

                    Key here - 2009. Sadly the UE option won't work.

                    However if theyre +5 years old since last payment then they may be statute barred. If you're paying via a DMP then scrap that though.
                    I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                    If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                    Comment

                    • #11
                      Re: UE Diary

                      Are they all from 2009. It says they defaulted over six years ago so were any started earlier than that?

                      There are more ways for a debt to fail enforcement in court than s.77-79 flaws. Even after 2007 there still needs to be a compliant DN before termination, s.86 Notices, and the all-important bona fide assignment which is where some debt purchasers mess up

                      Plan B x

                      Comment

                      • #12
                        Re: UE Diary

                        Originally posted by PlanB View Post
                        There are more ways for a debt to fail enforcement in court than s.77-79 flaws. Even after 2007 there still needs to be a compliant DN before termination, s.86 Notices, and the all-important bona fide assignment which is where some debt purchasers mess up
                        Not when utilising UE there aren't.....

                        All the above can be remedied and yes, we could get a claim discontinued for a month whilst they reissue - however we don't encourage that. If dealing with UE then they MUST BE before 04/2007 or we cannot do much at all other than try arguing other faults, which can pretty much be remedied as we have no s.127 protection. s.86 only allows for remedy based on cancellation of any interest that may have been added throughout the default period etc. Yes assignment offers some hope, but it's few and far between so we couldn't risk reliance on that alone.

                        I don't do 'false hope' - post 04/2007 accounts should be blagged if possible but under no circumstances would we ever suggest you push the creditor into a corner so they issue a claim. Settling a post 04/2007 claim is always the likely favourable option.

                        Pre 04/2007 accounts - different story altogether.
                        I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                        If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                        Comment

                        • #13
                          Re: UE Diary

                          I was hoping to go down the UE route so I could reduce my F&F offer or have the upper hand in negotiations. Well that's unfortunate but thanks for the help!

                          Comment

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