Mother been Paying DCA's through Stepchange £400pcm for +8yrs - still £9k to pay - Best way to make F&F offers?

[techno20]

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?

 

 

[dx100uk]

as for cap1 there are letters to use in the debt collection section of our library

inc your fees spreadsheets.

i doubt cap1 will bite though.

 

is the OD still with halifax?

 

 

[techno20]

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/

[dx100uk]

we used to have one not sure where.

just remember this is no longer on her file and can't comeback so don't let here feel she is indebted to pay them any high sums £pcm should they refuse to F&F.

 

don't forget there are the other letters there offering a lower £pcm and if they refuse the one to drop them to £1 PCM for life if they rufue to help.. time on all fronts she took control of HER money, not let others control it, she's paid upwards of +£30k to all these fleecers, none deserve any special treatment now massive monthly payment.

 

the OD is long dead simply stop paying, any charges reclaim will simply be removed from their already fictitious balance not to her pocket.

 

 

 

[techno20]

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

[dx100uk]

is the IP address traceable to the area they live in?

as for the signature on the other, i will guess its correct?

 

dx

 

[techno20]

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?

[dx100uk]

i'd run link, never trust them an inch, one of Link favourite tricks was to re add and charge interest. send an sar to MBNA get all the statements, then same game as cap1.

 

i'm wondering if it might be prudent to simple get a letter constructed now, to send to cap1 and Link, stating due to sever financial hardship, for the next 6mts the payment will be £5PCM. This will be reviewed in 6mts and you will be updated further. 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. 

 

i will not enter into any further communication by whatever method upon this arrangement until my review and will consider it harassment.

[techno20]

Sounds wise dx. Is there a template for such a letter?

 

SARs sent to MBNA today.

[dx100uk]

adapt the pro rata letter in the dca section of our library.?

[techno20]

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.

 

 

[dx100uk]

his income is NOTHING to do with them nor you mums debts.

if you've already sent an I&E with the 1st pro rata, then dont repeat it

[techno20]

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?

 

 

[dx100uk]

just remove all ref to it

send the offer and pay it regardless to if they do or dont reply/accept you do NOT need a debts owners permission to pay what is propsed you are simply informing hey this is what you'll get for xxmts..tough if you dont like it.

 

you must take control.

[techno20]

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,

 

Edited April 22, 2021 by techno20
spacing

[dx100uk]

stop begging. !!

 

In view of these circumstances, you will only be getting a reduced payment of £5.00 per month for the next 6 months

 

(can you not pay by bacs? so delete the payment book bit?)

[techno20]

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

[dx100uk]

no cca = no pay = ignore 

[techno20]

Thanks dx!

[techno20]

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?

 

 

 

 

[dx100uk]

not returned a CCA have they.

 

as for MBNA contact them and demand the missing statements.

 

[techno20]

Link have returned a CCA for 2 accounts, including the account the letter is in regard to. I wrote to them to tell them we'd be paying £5 a month due to financial hardship and the attached was their response to that letter...

 

For MBNA I will send the following if fine:

 

21st May 2021

 

Dear Sir/Madam,

 

ACCOUNT /REF NUMBER XXXXX                           

 

Thank you for your response to my previous subject access request on May 14th. Unfortunately the statements you sent across omit 3 years worth of statements.

 

Please supply me with copies of all these statements.

If you fail to comply with all of your obligations, I will make an immediate complaint to the Information Commissioner about your statutory breach – and without any further notice to you.

 

This may also lead to legal action in the County Court and a judgement will then be forwarded to the FCA.

 

Yours faithfully,

 

 

[dx100uk]

who says the CCA's are enforceable we haven't seen them?

 

dx

 

[techno20]

The CCAs are for the debts discussed in posts #30 - #33 on this thread. Link are the DCA for the MBNA CC debt.

 

 

[dx100uk]

On 22/04/2021 at 18:11, dx100uk said:

stop begging. !!

 

In view of these circumstances, you will only be getting a reduced payment of £5.00 per month for the next 6 months

 

sorry there must be more debts with link that you have listed here then..

as you say above they not provided CCa for any of the 3 debts.

 

for those 2 MBNA debts with CCA returns that i think are ok in 30 stick with and pay as stated what was said in the above letter

dont enter into letter tennis.

ignore any that have failed the CCA