We've had a reply to the offer of £5 repayments from Link.. Please see attached. Does it require any action? Link-Lettter-14-May.pdf We've also had a response from MBNA on the SAR. They've only sent statements from 2011 onwards for my Mother which is missing 3 years worth of entries. Should we take any further action on this or will they have been deleted?

Thanks dx!

We've had a letter from our friends at Link requested payments for each of the 3 accounts they haven't provided a CCA for. I've attached an example. Do we need to respond or just file it away? Link-Financial.pdf

Thank you dx100uk, thanks for all your help. I've made a few amends. Does this look ok? Account No/Reference No: XXXXXXXX Dear Sir or Madam Since making that above agreement with you, my circumstances have changed. I cannot now afford the previously agreed monthly payments because of severe financial hardship caused by a loss of income due to the coronavirus pandemic and a long term recovery from an operation leading to statutory sick pay. In view of these circumstances, please would you agree to accept a reduced offer of £5.00 per month for the next 6 months. Please refrain from adding any interest and/or penalty fees as under the rules of the various organisations like the FCA / FOs that govern you and help me through this hardship period. Should my circumstances improve I will contact you again. In the meantime, I would appreciate it if you could send me a paying-in book / standing order form to make it easier to pay you. Thank you for your assistance, I look forward to hearing from you as soon as possible. Yours faithfully,

Some of them are in my Dad's name... sorry, I didn't make that clearer, although I'm not sure if it changes much? For the debts we have received CCAs for: 1 of the Link debts is in my Dad's name whilst the other Link and the Cap1 are in my mother's name. I&E was sent via Stepchange 2 months ago. Although it reflects a higher income than now. Would you do it again or just remove the reference of it from the pro rate letter template and send the letters?

Is it necessary to send with the budget spreadsheet? My Dad has actually suffered a loss of income from COVID and will be on SSP for the next 3 months due to an operation so will use that as the reasoning.

Sounds wise dx. Is there a template for such a letter? SARs sent to MBNA today.

I've done a reverse IP lookup, and it's traceable to their general post code but not our exact post code e.g. It's M5 rather than M12 but yes, more or less. Yes signature is correct. What do you think? Similar strategy to Cap1? Offer a F&F and if not try to move to minimal payments? Would you give the same initial offer to both (20%) or more to cap1 and less to Link?

Thank you. What % do you think we should start with for cap1? 20%? We've also received the CCA for a couple of the MBNA debts that now sit with link financial. Please see attached. The one for my Mum seems very lightweight compared to the one for my Dad... Are these correct? If not, what should we do? I guess if they are valid this changes the strategy similar to cap1 - pay monthly sum again and try and agree a F&F settlement offer? MBNA_CCA_Dad (1).pdf MBNA-CCA-Mum.pdf

Thanks dx. I'm struggling to find the right letter to make a F&F offer on there. Any problems with using the National Debtline one? https://www.nationaldebtline.org/sample-letters/full-and-final-settlement-offer/? No, the od isn't with Halifax any more. Thankfully my Mum is out of it and has switched bank accounts to First direct. The article she read was: https://www.moneysavingexpert.com/reclaim/bank-charges/

Thanks dx100uk. We would like to go down the F&F route. We are in a position now where I can lend my parents a sum to let them move on from this. Should we do the F&F offer separate to the reclaim or in conjunction? i.e. we owe £2,300 minus the £500 unlawful fees = £1,800 30% offer of £540? Any recommendations on the best way to do this, taking into account the above? Are there any templates you recommend using? Mum also mentioned she was charged a lot of money going slightly over her Halifax overdraft to pay this (like £30 charge for going £10 over...) - is that something we should also look into claiming back? She mentioned seeing something on MSE about it - is there are a subforum on here with information around that?

Thank you. Ok so based on the above the CI sheet outputted £334.44 and putting that into the STINDT spreadsheet gives a total sum of £556.79. What should the next step be?

Yes I wish I had been in a position to help a few years ago but better late than never... Thanks for the updates. PPI charged is 'No' across all months, so not relevant I assume. There are no fees on the first detailed statement in Feb 2002, only interest (applied) charges. Is it worth pursuing this, or should I just take it in good faith that there wasn't any fees? There are a late payment fees in September 2002 and May 2003 however both were refunded (we assume on appeal?). I assume these should not be included on the sheet. The first non refunded is May 2005. Regarding interest rates. There are a few 'notice of default sums' letters from 2009 included they have an interest rate of 8.510% in the March 2019 and slightly lower rate of 8.010% for June, September and October. The letter states: "we are not entitled to charge you interest for the first 28 days. However, if the sums are not paid in full by that date interested will be charged at a rate of 8.010%. Since this interest rate is a variable rate, the rate which we will apply to the default sum once the 28 days have passed may be different." The interest rate of default sums from the back of the CCA is 13.9% PA. Which percentage should I use in the spreadsheet?

Thanks again for all your help on this dx100uk. We've now received responses from all the DCAs saying they do not have the CCA so we have stopped paying through Stepchange. We are now only paying to Capital One, and we are paying it directly. We have received a response from the SAR we sent to Capital One. I've run through the transactions part of the document and I had 3 questions: 1. All transactions are listed from 13/02/2002 to now however the months preceding Feb 2002 (March 2001 - Jan 2002) only list: Statement Date, Minimum Payment Due, Credit Limit, PPI charge and new balance. Do you know why that would be, and should I take any action on this? 2. I have noticed the following charges looking through the transactions: Late or failure to pay Cash advanced fee Cash interest Purchase interest Overlimit fee charge Interest (applied) Late payment fee Which of these charges should I be including in the spreadsheet? 3. The last interest charge was on the 6/01/2013 whilst she defaulted on the 29/1/2013. Which date should be used for the date that Cap1 stopped charging her interest?

Thanks dx100uk. I am currently discussing with my Mum. She is worried that the DCAs will start adding interest to the debts once we cancel Stepchange. She is also wary that we've not heard back from Link, the DCA with the highest debt amount. The CCA request letters were signed for by Link on the 16th of March, 15 'business days' ago..

Thanks dx. I'll speak to her. Thanks for your help. Sent the SAR this morning to Cap 1. Do you have a link for the calculators you mentioned for when we get the information back?

The payment to Capital One is now at £44.89 due to a renegotiated Stepchange following the change in my father's financial situation (as of this month). It had been around £150 a month for the last few years. I've explained the legal situation to my Mum however she'd like to make a minimal F&F settlement offer to the DCAs to finally put an end to this. Whilst I don't necessarily agree, I do understand she has had a horrible time with the debts in the past and would rather draw a full line under it. With that in mind, I plan to send an amendment of the ND letter: Dear Sir/Madam Account No: XXX I am writing about the money which you are claiming on the above account following your letter on 26th March. I have been advised to stop repayments as you are unable to provide a valid credit agreement. However, I would like to offer a full and final settlement offer of 5% as a gesture of good will. A family member has made a one time offer to gift me the money to pay off the debt once and for all. I want to offer this as a full and final settlement of the account. I am making this offer on the clear understanding that, if you accept it, neither you nor any associate company will take any other action to collect or enforce this debt in any way and that I will be released from any liability. If you accept this offer, please confirm that you will mark my credit reference agency file to show that the above account has been paid and closed. I can pay the amount I have offered within 2 days of receiving your written agreement of this offer. This offer is valid for 10 working days. Please give me details of how I can pay. I look forward to hearing from you. Yours faithfully What do you think? Anything missing? I'm not sure if "If you accept this offer, please confirm that you will mark my credit reference agency file to show that the above account has been paid and closed." is necessary as we have already defaulted.

She hasn't cancelled Stepchange yet. We will do so in the next 24 hours. Should we contact Capital One to let them know before or after? Also should it be done via phone, email or letter? Ok. Will send SAR request and then use the spreadsheets.

Thanks dx100uk. The agreement started on the 12th Feb 2001, so yes pre 2007. We will send the SAR in the morning following the template. Any recommendations on how to swap from paying through Stepchange to paying Capital One directly? Also, do you recommend making a F&F offer to Capital One following the SAR? We would like to get this fully solved. Thank you very much for all of your help.

Capital-One-CCA-compressed.pdf Please see attached for Capital One CCA

Thanks dx100uk. I have attached a document of the responses we have had to our CCA requests thus far. To confirm, all debts were defaulted on in 2013. I have advised my Mum to cancel paying to Stepchange. What would you recommend with Capital One, given they have produced the CCA? Replies-6th-Apr.pdf

Thank you both for your responses. We have sent a CCA request to all creditors and Capital One have responded with the relevant documentation, hence why we are making them an offer. It was my understanding that if a company comes back with the proper CCA documentation then we should make a F&F offer. Is that not the case? If not, what should we do once a company has provided the proper CCA documentation?

Hello all, I’m helping my Mum settle some of her debts, and I’m trying to understand the best way to approach this. She has been paying back through a DMP set up with Stepchange for the past 8 years. My Dad has lost income due to the Covid so we want to clear the debts whilst we still can. She has about £9,000 outstanding. £2,450 is with the original creditor (Capital One) whilst the remaining is with debt companies including Hoist (£700), Idem (£500) and the remaining with Link Financial (around £6k). She has been paying about £400 a month via Stepchange but has brought this down recently to £150 due to my Dad's loss of income. We have written to the debtors asking for a CCA 2 weeks ago. We are awaiting from the debt collection companies but we received a response from Capital one last week. Our intention is to email them offering a F&F repayment. I plan to make a F&F repayment offer of 15% and send the following to Capital One via email: Dear Sir/Madam Without prejudice Account No: XXX I am getting advice from National Debtline on dealing with my financial situation and choosing the right debt solution for me. I am writing about the money which you are claiming on the above account. I can confirm that I am unable to pay the money which I owe in full. My husband has recently lost significant income due to the Coronavirus situation and we have had to reduce our repayments via Stepchange by 50%. However, I can raise £370. A family member has made a one time offer to gift me the money to pay off the debt once and for all. I want to offer this as full and final settlement of the account. I am making this offer on the clear understanding that, if you accept it, neither you nor any associate company will take any other action to collect or enforce this debt in any way and that I will be released from any liability. If you accept this offer, please confirm that you will mark my credit reference agency file to show that the above account has been paid and closed. I can pay the amount I have offered within 2 days of receiving your written agreement of this offer. Please give me details of how I can pay. I look forward to hearing from you. (Please note, all further correspondence should be addressed to me. National Debtline are a self-help agency and are not acting as my representative). Yours faithfully Does this seem to be the correct approach? Any advice?