Debt payment tactics ! Creditors refusing my offers

[omoeko]

Thanks for reply, I have just received another letter from MHA collections about a Lloyd s credit card debt, I have CCA the debt and according to forum members they said it was enforceable, the problem is that when this first started about a year ago, the debt was around £5k, now its over £6k due to charges and interests being added despite the fact that I could no longer afford to pay the debt.

 

Now with over £6k credit card debt, they are saying that I should be paying around £180 a month, I don't know where that figure came from. I want to write them that I cannot afford this sum and don't know how they arrived at that amount, I am sick and tired of debts, I have around £7k pledged from Family members towards the payment of my debt, but the annoying thing is that none is accepting my full and final offers, I think i am just going to keep making token payments until they get to accept my F&F, any thoughts ?

[PriorityOne]

Thanks for reply, I have just received another letter from MHA collections about a Lloyd s credit card debt, I have CCA the debt and according to forum members they said it was enforceable, the problem is that when this first started about a year ago, the debt was around £5k, now its over £6k due to charges and interests being added despite the fact that I could no longer afford to pay the debt.

 

Now with over £6k credit card debt, they are saying that I should be paying around £180 a month, I don't know where that figure came from. I want to write them that I cannot afford this sum and don't know how they arrived at that amount, I am sick and tired of debts, I have around £7k pledged from Family members towards the payment of my debt, but the annoying thing is that none is accepting my full and final offers, I think i am just going to keep making token payments until they get to accept my F&F, any thoughts ?

 

Ok...

 

Write to them re. their letter (by rec. delivery) and state what you can afford; not what they want. Ask for a Standing Order (not direct debit) mandate to enable you to make these payments on time each momth. In the same letter, ask for a full statement of account that they have on their books for your own records, includng a full breakdown of any interest/charges that may have been applied to it.

 

When you receive this back, deduct any unlawful charges and interest and write back and tell them what you've done.... which now leaves a balance of xxxxx. Ask for their confirmation, file it away and maintain the payments that you can afford for as long as is necessary.

 

Draft up something if you like and I'll take a look at it.... I don't have my letter-writing head on this morning yet... lol!

 

People need to try and get past the fact that payments will go on forever because in reality, DCAs get pig sick of collecting and over time, become more open to F&F offers.

 

[omoeko]

Thanks PriorityOne

Just a quick note, I have a letter from Blair Oliver Scott stating that they will receive £1 as token payment for some time. I hope this is a sign that they will accept my full and final.

Lloyds credit card debt just got passed onto MHA collections, apparently I now have a special advisor who has written to me to say that he can do me a special offer of 85% of the debt, but on actually looking at the figure, it occured to me that the 85% off which is around £5k is actually what my debt was in the first place, the remaining 15% are just charges,I am suprised that over a year ago when I wrote to them that i am struggling, and yey they have been adding £1k worth of charges and interests. what should I do here? I am tempted to say, I just simply cannot afford it and would only be able to make token payments. But on the other hand, I want the option of a settling at just 20% of the debt, as family have promised to pay that off for me if creditors can accept 20%.

 

Any advice.

[PriorityOne]

Thanks PriorityOne

Just a quick note, I have a letter from Blair Oliver Scott stating that they will receive £1 as token payment for some time. I hope this is a sign that they will accept my full and final.

Lloyds credit card debt just got passed onto MHA collections, apparently I now have a special advisor who has written to me to say that he can do me a special offer of 85% of the debt, but on actually looking at the figure, it occured to me that the 85% off which is around £5k is actually what my debt was in the first place, the remaining 15% are just charges,I am suprised that over a year ago when I wrote to them that i am struggling, and yey they have been adding £1k worth of charges and interests. what should I do here? I am tempted to say, I just simply cannot afford it and would only be able to make token payments. But on the other hand, I want the option of a settling at just 20% of the debt, as family have promised to pay that off for me if creditors can accept 20%.

 

Any advice.

 

I'd continue paying the token payment to BOS until they get sick of collecting it.... they'll let you know when that is. You can negotiate something then.

 

As for Lloyds/MHA, I'd do the same, to be honest because in effect, they've offered you nothing..... but it's your decision. You can always put an alternative suggestion to put to them; stating about the interest/charges and offering a much more agreeable amount for yourself as a F&F... as they may just want to get rid of the account as much as you do.

 

[omoeko]

I just received a letter from Central debt recovery unit from HSBC chasing up a debt. I was wondering if these are the guys that I can offera full and final payment. It looks as though when it gets to a certain department/stage, the creditors will see sense and accept my full and final.

[PriorityOne]

Possibly..... but don't bank on it. Box clever with your F&F offer if you're thinking of making one and don't pitch it too high.

[omoeko]

I have also noticed that Lloyds have been adding interest to the balance on my loan, they have already agreed lower payments of £100 for the last 12 months, apparently now they have been charging me interest of over £100 a month and I dont know why this has happened, despite the fact that my circumstance has not changed.

[PriorityOne]

I have also noticed that Lloyds have been adding interest to the balance on my loan, they have already agreed lower payments of £100 for the last 12 months, apparently now they have been charging me interest of over £100 a month and I dont know why this has happened, despite the fact that my circumstance has not changed.

 

You need to query this. There's no point in paying anything if it's not getting you anywhere as all you're doing is keeping the account alive while they incresase the balance each month for you! They should have stopped adding interest once the payment arrangement was in place but some creditors don't unless the bleedin' obvious is pointed out.

[omoeko]

Just had another letter from Blair Oliver Scott saying that debt with them will be referred to legal team, same BOS agreed to a token payment of £1, they claim that papers are now being prepared for commencement of action through the local court to seek judgement against me.

 

If you are a homeowner and you do not pay the sum, a charging order will be placed on property blah blah blah.

 

Is there anything that can be done now ? Ideally, I have offered BOS my full and final and they rejected it. By the way the debt is enforceable.

[PriorityOne]

Just had another letter from Blair Oliver Scott saying that debt with them will be referred to legal team, same BOS agreed to a token payment of £1, they claim that papers are now being prepared for commencement of action through the local court to seek judgement against me.

 

If you are a homeowner and you do not pay the sum, a charging order will be placed on property blah blah blah.

 

Is there anything that can be done now ? Ideally, I have offered BOS my full and final and they rejected it. By the way the debt is enforceable.

 

Well, they can take this to court if they want to.... but if you're making token payments already, they'd be silly to do it because there'd be nothing to gain. I hope you realise that it's not as easy to get a Charging Order as they'd have you believe. They'd need to get a CCJ first and you'd need to default on that before any Charging Order could be obtained.

 

You could write back reminding them of your mutual arrangement to pay £1 a month.... adds to your paper trail should they carry out their threats to pursue you for more through the courts. They say they're referring your account to their legal team.... but that papers are now being prepared? Well, make your mind up BOS!!

[Bazooka Boo]

I am of the opinion that they foolishly threaten legal action and refer to papers being drawn up with a view to taking legal action, they do this with very little knowledge of the ramifications their statements make, any reference to drawing up of legal papers with a view to instigating legal action and threatening charging orders, should IMO, be met with a much more pro-active stance, such as using the CPR request, to view exactly what it is they intend to use in this mythical 'court' of theirs.

 

If everyone who was threatened with this letter template they send out, were to retaliate with a CPR request, then they would hopefully come to realise that they need to reword their threatogrammes.

[omoeko]

thanks for the response, Lloyds credit card company have just passed debt onto BLS collection, anyone know anything about them ?

[Bazooka Boo]

Yes I do believe that |Lloyds & BLS Collections are one and the same, quite likely their in house DCA;

http://www.townsandcounties.com/banks/county/cnty.php?pageNum_busdir=1&totalRows_busdir=153&county=oxfordshire

[omoeko]

I have a credit card debt with HSBC, it has been passed onto central debt recovery unit, I have asked for a valid CCA to be provided and after almost a year of letters passing back and forth, central debt recovery unit wrote to me lately providing statements since when the credit card account was opened i.e 2006. This is not a substitute for a valid legitimate CCA, I have been standing on the fact that the debt is unenforceable, but they are not backing down either, I have made some cheeky full and final offers to them, but they are refusing, now that I have a statement detailing what i have been paying to them from 2006 - 2009 then use that as a basis of making a new offer or perhaps, I will stand on the fact they they do not have a legitimate CCA.

[harrassed senior]

If you have not done so, send them the 'Account in Dispute' letter, as it is not automatic until they receive that from you.

[omoeko]

Thanks for the post, I have been using my excel spreadsheet to calculate all the payments and interest charges on the account since 2006. Below is summary.

 

Credit card limit: £3,500

Payments made(2006 - Feb 2009): £4,200

Interest charges:£1,740.09

Current Balance: £4,800 this is mainly made up of charges since feb 2009 when i stopped making payments. I am thinking of using these facts in my letter to them.

[omoeko]

Any idea anyone

[Fred Bassett]

By the way, if your mortgage is in joint names, they can't get a charging order against you.

 

Fred

[omoeko]

Just got a letter from allied credit, they are saying I can make an offer of settlement, or i can pay 25% of costs and the rest spread over 3yrs. Its still not an incentive, so i will just try making a 25% offer.

[Dotty50]

By the way, if your mortgage is in joint names, they can't get a charging order against you.

 

Fred

 

Hi Fred, can you elaborate on this please? It is something I have wondered about!

[Fred Bassett]

Hi Dotty,

 

Have a look at this thread on MSE: http://forums.moneysavingexpert.com/showthread.php?t=1839539

 

Regards.

 

Fred

[Dotty50]

Thanks Fred, will take a look.

[omoeko]

Hi,

 

I have some letters from some of the creditors

 

 

1) BLS say that they may be paying me a visit soon unless I phone them or they hear from me

 

2)Allied credit said they have refused my full and final offer but they are prepared to get some further information from me as to my circumstances, I think they want to setup some kind of payment plan here, I do not want that, I just want to get out of this debt tangle.

 

3) Blair Oliver Scott, they have also said they have accepted my £1 payment for the time being, but I do not have a payment plan in place with them at the moment, and that I should contact them to set one up.

 

Is there anything that I can do to sort out the mess.

 

Thanks in advance.

[Bazooka Boo]

All three are just wanting you to contact them by phone so they can threaten and lie to you to pay what you can't afford, so don't!

 

IMO they do not have to accept your offer of a F&F payment, their greed knows no bounds, you have evidence that you have made them an offer, they have refused, so all you can do is to refer back to monthly payments, which again they do not have to agree to, but if you are paying them say the token payment of £1 a month, and the decide on taking it to court, then you will have the evidence to show the Judge that you offered them a F&F which they refused and therefore all you can afford is token monthly payments.

 

BLS are attempting to intimidate and threaten you in your own home, something which I don't accept from anyone, again it is merely an empty threat on their foolish part to get you to call them where they can once again bully you and threaten you over the phone, print this off and keep a copy of it by your front door, and if anyone is so utterly incompetent to knock your door thrust it in their fizzog and tell them to foxtrot oscar.

http://www.consumeractiongroup.co.uk/forum/content.php?410-LETTER-USED-WHEN-A-DCA-THREATENS-A-DOORSTEP-VISIT

 

http://www.consumeractiongroup.co.uk/forum/content.php?441-If-you-do-receive-a-doorstep-visit-we-give-these-suggestions-to-Members.

 

Allied credit are probably wanting you to fill in some sort of mickey mouse I&E form, which I would send back full of zeros, these clown outfits are not entitled to your personal and private income & expenditure, they are not qualified accountants just ex burger flippers from the golden arches acting above their station, so ignore any demands for such info.

 

I've not had the time to read back through all of your post but you will be in a much stronger position to offer a F&F settlement if their paperwork/CCA is somehow faulty whereby they know that there is no chance of them being able to take any legal action against you, therefore a F&F would be much more attractive to them, or nothing!

 

You could simply write to all three of them and state that as they won't accept your F&F offer you will revert to a monthly payment of X amount until further notice by yourself.

[omoeko]

Just had a letter from moorcrofts pre court division, they are saying that they intend to take the matter to court, blah blah blah. I have asked for a legitimate CCA and they are still yet to provide this. Central debt recovery unit are also writing on behalf of HSBC saying they have received my £1 token payment, but do not have a payment plan on file. I think i am going to write to them saying that i do not have any money to setup a payment plan, but if they are cool with the idea of a a full and final which is money from a family member.

 

Any thoughts.