InDeepDebt's UE Diary

[InDeepDebt]

Hi all

Found you all - actually, thanks to Carol01 for telling me where you'd gone. Been so busy lately that I never read NID's thread properly on the previous forum.

Here's my last diary http://www.forum.bankruptcyandlivingwit ... f=35&t=256 not much in it except for the fact that Barclaycard are being pains.

Here's my last post though:

Hi all and hi Niddy.

First of all, thanks for the advice on the above letters to send - haven't sent them yet - been away to the parents for a few weeks and simply haven't got around to it yet.

Anyhow, on Sunday my mobile started going crazy. Barclaycard rang about eight times as well as a couple of times on the home line. Same thing on Sunday. Similar today - calls start just after eight in the morning. I haven't actually spoken to them - I just hang up.

Regarding the phone calls and the threat of a doorstep collector - I couldn't give two hoots myself. However, it is getting the missus really down - she's saying to just pay them.

I really should go with what the better half says so was looking at negotiating some sort of deal - seeing if I could do a reduced settlement whereby they'll just disappear.

Incidentally, they've also broken the rules of the data protection act (I think) in that they once sent me a text advising that if I didn't ring them, they would start court proceedings - this was ages ago, before I even went down the unenforceability route. I've still got the text on my phone.

Do you (or anyone else) have any views on trying to make a 'deal' with them. I can only afford about 30% of the balance as a settlement figure (not even bothered that it says "settled in full" so long as they agree to not pursue me any further). However, my loyalties lie with my wife and not making her ill with this. Barclaycard are only a small part £5k in a massive £69k debt and I don't want my wife to become ill over it.

Thanks all in advance

Jim

Anyone got any views on the above?

Jim

PS - well done Niddy on the new forum.

[InDeepDebt]

Re: InDeepDebt's diary

Just typing out a combination of the following two letters:

The Harassment by Telephone Template as well as the Harassment & Threat of Doorstep-Visit Template

In addition, I've advised them about the number of silent calls that I have received and reminded them that they got fined £50,000 for making silent calls in 2008.

Need to word something about what law they have broken with regards to the data protection act - basically sending a text advising of court action when they have not verified me.

I then want to see whether they will take 10% as a settlement figure (fat chance). It would be worth it for me. It will probably be more than they would get by selling the debt to a DCA (if they can).

Cheers

Jim

[Susie]

Re: InDeepDebt's diary

Good luck with trying to get a settlement that low - if I thought they would go for it I would get the money from my sister even though it would mean her knowing about it, and pay iy just to know it was over with !

[enoughisenough]

Re: InDeepDebt's diary

I agree! They are so bloomin' stubborn that they'd rather people went bankrupt and they got nothing, than to accept a low settlement like that.

[Never-In-Doubt]

Re: InDeepDebt's diary

Need to word something about what law they have broken with regards to the data protection act - basically sending a text advising of court action when they have not verified me.

I then want to see whether they will take 10% as a settlement figure (fat chance). It would be worth it for me. It will probably be more than they would get by selling the debt to a DCA (if they can).

Cheers

Jim

Hiya

They never broke DPA by texting you, the only way they'd have got your number is from you - right? Therefore look back at the terms and you'll see that you authorised them to contact you via phone, email or letter - basically using the details as provided by you, without the need for verification - put simply, forget arguing that - it'll make you look amateurish - not what you want.

10% is a high starting figure, i'd start lower lol. Serious, but 10% is ok I guess lol...!!

You owe £5k, so who is the debt owner, Barclays or a DCA? If it is Barclays then you can forget offers - they will say no, why would they take a reduced figure when they can sell it as a business loss and counterract it against their net losses (i.e. tax deductable) - them giving you £4k discount (lol) is counter productive and makes them a £4k loss.

You need them to sell it to the DCA then send this template, edited to suit and yea - start at 10% and work up to 20% at the most (in 2% increments)..... If Barclays, you need to wait til they sell it on.

Template to send for F&F Offer is here: ---> viewtopic.php?p=130#p130

[InDeepDebt]

Re: InDeepDebt's diary

Hiya

They never broke DPA by texting you, the only way they'd have got your number is from you - right? Therefore look back at the terms and you'll see that you authorised them to contact you via phone, email or letter - basically using the details as provided by you, without the need for verification - put simply, forget arguing that - it'll make you look amateurish - not what you want.

10% is a high starting figure, i'd start lower lol. Serious, but 10% is ok I guess lol...!!

You owe £5k, so who is the debt owner, Barclays or a DCA? If it is Barclays then you can forget offers - they will say no, why would they take a reduced figure when they can sell it as a business loss and counterract it against their net losses (i.e. tax deductable) - them giving you £4k discount (lol) is counter productive and makes them a £4k loss.

You need them to sell it to the DCA then send this template, edited to suit and yea - start at 10% and work up to 20% at the most (in 2% increments)..... If Barclays, you need to wait til they sell it on.

Template to send for F&F Offer is here: ---> viewtopic.php?p=130#p130

Wow, you've been busy overnight!

I'll remove the bit about the DPA. I assumed that the leaving of a text message was contravening the DPA as they have not verified me when they sent the message - they always do when they ring me so I was assuming that they would not be allowed to send a text that could, in theory, go to a third party.

Re the debt - it's still with Barclays unfortunately. Even Mercers seem to have given up on it. Is it likely to get sold to a DCA? How long does this usually take and will they do this as the debt is UE - even though they say that it isn't? I stopped paying in May and, prior to that, have been on token payments and a payment plan for six months.

Many thanks for your help. It is very much appreciated - keeps me semi-sane in this debt laden world that my wife and I have gotten ourselves into.

Jim

[Locke]

Re: InDeepDebt's diary

Barclaycard and Mercers ring me all of the time too, I've sent them the harassment letters but they don't take any notice.

If you can't have your phone number changed for whatever reason then get yourself a Truecall set for your phone, I don't hear from any of them any more apart from when they use a new number for the first time but they are soon added to the zap list!

In the last 3 months it's blocked at least 311 calls from Barclaycard and 209 calls from Mercers, I say at least because that's just from the top 10 numbers received list, they have used others.

I know how your other half feels because the calls do get you down and it makes you dread every time the phone rings, just remember that is how they want you to feel so that you cave in.

Chin up and good luck. y

[Never-In-Doubt]

Re: InDeepDebt's diary

Wow, you've been busy overnight!

Jim

Not half as busy as tonight/last night (whatever) lol......

[InDeepDebt]

Re: InDeepDebt's UE Diary

Good evening everyone. I think that I may have some good news (for me).

In about October I sent off a CCA request for a L1oyds credit card debt that was sold onto Ca-bot. Within about two weeks we got a letter saying that they would supply us with the relevant details within 40 days in accordance with the law (I didn't correct them).

In about February/March (I still have the letter and don't intend to lose it) we got a letter advising that they were unable to find the CCA and as a result the debt was unenforceable - but recommended that I phoned them to arrange a repayment plan.

I ignored that letter and have now received one that states, amongst other stuff:

We shall continue to request the information from the original lender...
In the meantime, we would like to inform you that your account shall remain on hold with the Customer Assurance Department...

Please note, you are still obliged to repay the outstanding balance as confirmed in this letter and therefore recommend you contact us as soon as possible to set up a repayment arrangement...

So, what's the best way forward? Plug their numbers into TrueCall and not pay and ignore them. At the current rate of payment, I will be 140 years old before the debt is paid off. I was wondering, and some may say that I'm mad, but is there any point in paying a £1 a month token payment (I'll be something like 1,300 years old by the time the debt is paid) and then see if they'll go for a severely reduced final settlement - about 5% - you'll probably say that that is 5% too much. It would just be good to have this one down as 'paid' and completely out of the way rather than threatening letters and what not.

[Deepie]

Re: InDeepDebt's UE Diary

Good evening everyone. I think that I may have some good news (for me).

In about October I sent off a CCA request for a L1oyds credit card debt that was sold onto Ca-bot. Within about two weeks we got a letter saying that they would supply us with the relevant details within 40 days in accordance with the law (I didn't correct them).

In about February/March (I still have the letter and don't intend to lose it) we got a letter advising that they were unable to find the CCA and as a result the debt was unenforceable - but recommended that I phoned them to arrange a repayment plan.

I ignored that letter and have now received one that states, amongst other stuff:

We shall continue to request the information from the original lender...
In the meantime, we would like to inform you that your account shall remain on hold with the Customer Assurance Department...

Please note, you are still obliged to repay the outstanding balance as confirmed in this letter and therefore recommend you contact us as soon as possible to set up a repayment arrangement...

So, what's the best way forward? Plug their numbers into TrueCall and not pay and ignore them. At the current rate of payment, I will be 140 years old before the debt is paid off. I was wondering, and some may say that I'm mad, but is there any point in paying a £1 a month token payment (I'll be something like 1,300 years old by the time the debt is paid) and then see if they'll go for a severely reduced final settlement - about 5% - you'll probably say that that is 5% too much. It would just be good to have this one down as 'paid' and completely out of the way rather than threatening letters and what not.

Good news.....But are you still paying £1 a month ?

[InDeepDebt]

Re: InDeepDebt's UE Diary

I was paying a nominal amount that we agreed with L1oyds - about 0.1% of the balance total - £15. This payment has been going to the current lender and we last paid it in March.

The next payment is due shortly. Obviously if I don't pay anything then the current lender is unable to enforce the debt or take me to court but they can phone us, write letters and send people to our property. That doesn't bother me - as mentioned we have a TrueCall phone blocking device and I'd just ignore letters and laugh at doorstep callers. However, the missus does suffer from stress and depression and hassle from a lender would be detrimental to her health.

I know that it is a bit unorthodox to go for a full and final settlement but I am thinking of my wife's health. My plan, depending upon what is suggested on here, is to contact the creditor and reduce payments to £1. This will take the lifetime of the debt to over 1,000 years. My hope is that as the current creditor will have bought it for about 8% - they will accept something in that area as a full and final settlement at a later date.

Anyhow, that's the idea. Not sure if it's a good one or not. I'm not sure if people with an unenforceable debt have done similar.

Cheers

Jim

[MrsD]

Re: InDeepDebt's UE Diary

I have a few of those very precious letters, wouldn't be contemplating paying them at all, however it's up to you.

Mostly they pack in the phoning when they decide it's a lost cause, and any eejit who has arrived at the door here has been given the bumsrush or just ignored, depending on what mood I'm in. In three years with a huge pile of debts, we've only had three visits who got as far as popping up the drive.

So before I paid anything, I would think very carefully.

[Deepie]

Re: InDeepDebt's UE Diary

I have a few of those very precious letters, wouldn't be contemplating paying them at all, however it's up to you.

Mostly they pack in the phoning when they decide it's a lost cause, and any eejit who has arrived at the door here has been given the bumsrush or just ignored, depending on what mood I'm in. In three years with a huge pile of debts, we've only had three visits who got as far as popping up the drive.

So before I paid anything, I would think very carefully.

You're lucky MrsD..... I've only had one visit in four years

[Pixie]

Re: InDeepDebt's UE Diary

I was paying a nominal amount that we agreed with L1oyds - about 0.1% of the balance total - £15. This payment has been going to the current lender and we last paid it in March.

The next payment is due shortly. Obviously if I don't pay anything then the current lender is unable to enforce the debt or take me to court but they can phone us, write letters and send people to our property. That doesn't bother me - as mentioned we have a TrueCall phone blocking device and I'd just ignore letters and laugh at doorstep callers. However, the missus does suffer from stress and depression and hassle from a lender would be detrimental to her health.

I know that it is a bit unorthodox to go for a full and final settlement but I am thinking of my wife's health. My plan, depending upon what is suggested on here, is to contact the creditor and reduce payments to £1. This will take the lifetime of the debt to over 1,000 years. My hope is that as the current creditor will have bought it for about 8% - they will accept something in that area as a full and final settlement at a later date.

Anyhow, that's the idea. Not sure if it's a good one or not. I'm not sure if people with an unenforceable debt have done similar.

Cheers

Jim

I understand what you're saying but, personally, I wouldn't be paying them anything...especially after receiving a letter saying they haven't got the agreement. I've never had one.

The hassles definitely get less as time goes on.

[SXGuy]

Re: InDeepDebt's UE Diary

Its easy to think right now you could do without the stress, but take it from someone who has been there quite a few times.

Generally if a lender has admitted UE and you stop paying, you wont hear from them again. On the odd occasion you get some who continue to mess around, but not all do.

Put i this way, if you know, and they know they cant enforce, how stressful can it be to receive some letters and blocked phone calls?

They wont send anyone round i can promise you that.

You do what you feel is right, but i would not be paying them anything.