Help please!

[Getting Sorted]

Hi Everyone

Where to start!

My other half when he was younger and a bit silly got himself into debt - following your guidance on the other site he followed years ago, he's established that 2 of them are more more than likely unenforceable but one we are not so sure of. The last time we heard from the 2 which we think are unenforceable are from 2010 so approaching the SB time, however, we have had a letter today, 5 years since the last correspondence from the other one. It looks like a generated letter that has come out offering a discount. The letter says that they have tried to contact us and we haven't responded! My husband queried the amount of the debt as the DCA amount was much higher than was on the accounts they sent through (he did a CCA request and Subject Access request). He also queried that there was no notice of assignment. The last letter said they would find out and "upon receipt of their findings respond fully". Now this has arrived - as it seems to be an automatically generated letter and it has been so long they don't seem to have bothered to check.

We obviously want to sort this out - we have all the documentation here such as the CCA and statements, along with a previous settlement offer of half of what they are proposing now. The agreement has PPI on which again we queried with them.

Any help please - I'm a bit worried to say the least.

[Getting Sorted]

Re: Help please!

I'm a newbie so be gentle with me. I'm at my wits end.

[JLC]

Re: Help please!

I'm sure someone will come and help. It might be useful if you look at some other diaries to see how they have written the details along with dates and correspondence. The more information like a time line you give them will enable them to help more. I'm a newbie too.

[JLC]

Re: Help please!

http://forums.all-about-debt.co.uk/s...-Read-me-First! Read this for an idea of what's needed

[MrsD]

Re: Help please!

Hi Everyone

Where to start!

My other half when he was younger and a bit silly got himself into debt - following your guidance on the other site he followed years ago, he's established that 2 of them are more more than likely unenforceable but one we are not so sure of. The last time we heard from the 2 which we think are unenforceable are from 2010 so approaching the SB time, however, we have had a letter today, 5 years since the last correspondence from the other one. It looks like a generated letter that has come out offering a discount. The letter says that they have tried to contact us and we haven't responded! My husband queried the amount of the debt as the DCA amount was much higher than was on the accounts they sent through (he did a CCA request and Subject Access request). He also queried that there was no notice of assignment. The last letter said they would find out and "upon receipt of their findings respond fully". Now this has arrived - as it seems to be an automatically generated letter and it has been so long they don't seem to have bothered to check.

We obviously want to sort this out - we have all the documentation here such as the CCA and statements, along with a previous settlement offer of half of what they are proposing now. The agreement has PPI on which again we queried with them.

Any help please - I'm a bit worried to say the least.

welcome to AAD

no wit's end allowed I'm afraid!

if you could give us the information so very kindly signposted above for you, we'll have a look and see what's what.

in the meantime, DON'T answer the phone or reply to letters
and don't worry, it's only money

[nanna58]

Re: Help please!

Just settle and be guided by our wonderful team , provide all the info you can and we will do what we can xxxx

[Getting Sorted]

Re: Help please!

Yorkshire Bank

Type of Account - Loan
Date Commenced - 9th March 2005
Approx Balance - £20051.94 (although statements show it is £19942.94 - this was queried with them to which they said they would respond fully - that was April 2011)
Date last paid - 18th March 2011
Are you on an arrangement or not paying - not paying due to the query raised about the conflicting balance
Status - in arrears
Account owner - DLC

28.01.10 - offered a F & F settlement of £2833
03.02.10 - response back from DLC saying they will accept £5021.74 as full settlement (£2833 as a lump sum payment and then clearing the remaining £2188.74 over monthly installments
05.02.10 - letter back to DLC stating that he is waiting from his other creditors before he can state what he is able to do but also requesting CCA request and cheque sent off for £1.00
18.02.10 - letter back from Hillesden Securities saying they are waiting fro the original agreement and statements and will still report activity with CRA
25.02.10 - letter back to Hillesden/DLC's saying that other creditors are not taking this action
22.03.10 - letter form Hillesden saying they are still waiting for documents and will update in 21 days
21.04.10 - letter form Hillesden saying same as above.
21.04.10 - letter to Hillesden/DLC requesting CCA and that it has now been over 30 days and asking if they are in receipt of cca and statement of accounts
22..04.10 - letter from Hillesden quoting McGuffick V RBS etc
27.05.10 - letter from Hillesden saying they are still waiting for documents and will update in 21 days
05.07.10 - letter from Hillesden as above
12.07.10 - CCA, application form, PPI insurance documents and summary of transactions received.
26.07.10 - letter to Hillesden stating will make token payments until in a better position financially
27.07.10 - 30.12.10 letters from Hillesden saying they are still waiting for documents and will update in 21 days?
05.01.11 - letter from dlc saying they have enclosed requested docuements (CCA etc)
07.01.11 - letter to dlc saying already received this info twice and will be continuing with token payments until in a better financial position
25.01.11 - letter from dlc enclosing income and expenditure form. may result in further action.
28.01.11 - letter to dlc saying self employed and cannot provide wage slips.
21.01.11 - letter form Hillesden saying waiting for documents and will update in 21 days?
08.03.11 - letter from Hillesden enclosing CCA info again
08.03.11 - notice of sums in arrears
09.03.11 - annual statement of account
15.03.11 - letter to dlc querying the difference in balance and why there's is great at £20051.94 yet the balance is £19942.94. Also queried why the high PPI and why never received a letter of assignment. Requested SAR
28.04.11 - letter for hillesden enclosing data and "I have referred to the original lender in relation to your concerns concerning the balance. Upon receipt of their findings I will respond fully". Not heard anything in relation to that.
05.09.11 - notice of sums in arrears
09.03.12 - annual statement of accounts
02.03.12 - notice of sums in arrears
16.02.15 notice of sums in arrears
09.03.15 - annual statement of account
04.02.16 - letter from dlc saying written to you previously but not heard from you. identified account is eligible for a discount and would like to discuss with you. Will write off £10025.97 if you are able to pay the remaining £10025.97 as a lump sum. contact within 28 days to accept off or give proposals for clearing the balance.
10.02.16 - notice of sums in arrears
22.02.16 - letter generated on 22.02.16 saying there is no current arrangement in place, We would like to agree a payment arrangement with you (enclosed I & E form), contact us to discuss etc, we are here to work with you etc, if we do not hear from you within 28 days we will try to contact you again. (the 28 days isn't up from the last correspondence yet!) . What's do you think is the next move.
23.03.16 - letter from dlc to say that the account has been bought by ME lll Limited. MElllLimted and hillesden Securities both part of the Cabot Credit Management group.
26.06.16 - generated letter from dlc say the agreed period of time has now expired (fancy that!) and it is important you contact us within 14 days to avoid further correspondence.
15.04.16 - generated letter from dlc, want to work with us etc, discount etc, contact us within 14 days or your account maybe passed on to another debt collection agency, who will phone, write or call
19.08.16 - generated letter form dlc, tried to contact you, identified account is eligible for one of the following, affordable monthly payment plan or one off payment of £5012.39 and will write the remaining £15039.86 off
05.12.16 - generated letter from dlc, previously written and offering the same plan as above.

Hope that is ok?

Thanks
x

[Getting Sorted]

Re: Help please!

Hi, me again.

Sorry to hassle - has a crap nights sleep due to worry of this all. Hope you don't mind me asking a couple of questions.

Firstly, would it be useful to upload the CCA etc and if so how do I do it or can I email it?

Secondly, I'm thinking of doing a F & F offer as we did before. They did previously offer just over £5k to settle. I have £2k already and can raise the rest. Do you think this would be a good idea? Ideally starting off low and heading to the £4 k mark?

I'm so sorry to be bombarding you. My husband has worked so hard to settle his debts and improve his credit rating which is now really good. He's settled 3 already and there is just this big one lingering as the other 2 we think we are unenforceable (application form) and the other has never even produced the CCA. I've got 2 kids, 1 with a disability and I don't know how much more I can handle without losing the plot.

Thanks again
x

[JLC]

Re: Help please!

im sure uploading it will help. Do it in the secure area and don't blank anything out.

[JLC]

Re: Help please!

You should also look at claiming PPI back and look on your old cards to see if you had any.

[Getting Sorted]

Re: Help please!

where do I go for that - uploading I mean - and yes, hubby is thinking of claiming the PPI. He didn't want to at first because he didn't feel it was right to! BTW you are not hassling !!!

[nanna58]

Re: Help please!

I wouldn't be offering payments yet, I would wait and see what time outcome is from your uploaded/ emailed docs .Please don't worry its only money not worth sleepless nights .xxxxxx

[The Tech Clerk]

Re: Help please!

Unenforceability Checking Service-Online Portal

read this area 1st, suggest you send CCA1974 to Niddy for checking, do not block any detail out as Niddy is the only one to see it and is registered he will report back on the issue of unenforceable or not to you?

[Never-In-Doubt]

Re: Help please!

You should also look at claiming PPI back and look on your old cards to see if you had any.

no no no. Worse thing you can do.

[cymruambyth]

Re: Help please!

Hi, try not to worry too much which is much easier to say than do, and don't do anything until the CCAs have been checked. Don't do anything with the PPI - if you claim when the debts are almost statute barred it will reset the clock, so wait until the 6 years have fully lapsed and then consider claiming.

Just remember we have all either fought or are fighting these battles with success. Don't do anything without checking on the forum and post any time of night or day with your worries or questions, you will get a non judgemental and sometimes humour provoking reply.

Good luck