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

[dx100uk]

On 10/05/2021 at 20:49, techno20 said:

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.

 

[techno20]

Thanks DX. Sorry for the confusion.

 

My parents have 5 debts that sit with Link.

 

Link have not provided a CCA for 3 of them.

 

They have provided a CCA for 2 - which are the two MBNA debts I posted the CCA for. Link have replied to our letter from post #40 with the response in post  #47.

 

So you're saying we should go back to paying £30 or just move ahead with paying £5?

 

Thanks again for your help DX. You've been a massive help.

[dx100uk]

dictate the £5PCM  take control on all their debts away from the DCA fleecers

[techno20]

Notices-Of-Sum-In-Arrears-8-May.pdf

 

We received the follow letter with notice of sum in arrears from Link in regard to my Dad's MBNA debt.

 

Any action needed or keep paying £5 every month?

[dx100uk]

they have to send those should they wish as a creditor to charge interest (which as a debt buyer they can't - but one of Links it's one of  (Paul Burdell - ceo) favourite scams they have pulled on debtors for 40+yrs) even though the mug probably owed nowt in the 1st place.

[Andyorch]

Notice of Sums in Arrears is only valid on a live account.....and only then if your two months in arrears.

 

Andy

[techno20]

Thanks both. So the best action is to file away and ignore?

[Andyorch]

Yes but file away.

[techno20]

Hello,

 

Firstly, thanks again for all the help. Feels like we're definitely getting much closer to getting on top of this and obviously saving a lot of cash.

 

We have been paying the £5 pcm to the 3 accounts that returned a CCA for 2 months now, and nothing to the others that haven't returned a CCA.

 

Should we make a F&F settlement to the 3 accounts now, or do you think we'll get a better offer if we continue paying £5 per month and wait for another few months?

 

 

[dx100uk]

without looking

the ones with the enforceable CCA's i will gather don't show on credit files as would have been defaulted +6yrs ago...?

[techno20]

Yes, that is correct.

 

[dx100uk]

then pers i'd not be offering an F&F unless they produce a compliant default notice too. and not more than 40%

there must be a reason why link have not gone to court with these MBNA card debt having had them for SOOO many years

the agreements as well as all the other stuff they'll need are notoriously very difficult to enforce in court, we win most MBNA card cases 

[techno20]

Link-MBNA.pdf

 

Thanks dx. Should we contact them to request the default notice? Also, what about the debt that still sits with Cap1? I think Mum would like to settle if possible.

 

We have received the attached from Link for the MBNA debt they have the CCA for. Does it require any action or should we file away?

 

 

[dx100uk]

yes file the link letter

 

as for cap1debt  still with cap1, you could CCA them if you haven't already, should they fail, then that puts you in a far stronger position on an F&F but i bet they sell it on instead.

[techno20]

Cap1 have returned a valid CCA for the Cap1 debt still with Cap1 - it's in post #8 of this thread and contains the relevant signature. Should we reach out to make a F&F offer now?

 

For the MBNA with Link, should we write to Link to request the default notice? Should we make an F&F starting at 30%?

 

 

[dx100uk]

i'd let link run for a bit.

 

yes see if cap1 will do a low F&F why not.

[techno20]

Thank DX. We plan to send the following to Cap1 (outstanding debt is £2,319.00):

 

Dear Sir / Madam,

 

Account number: XXXX

 

I am getting advice 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. Our income has been significantly impacted by the coronavirus pandemic and illness.

 

However,  I can raise £700 and I want to offer this as full and final settlement of the account. This money has been offered by a family member as a one time offer to help me clear my debts.

 

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.

 

This offer is valid for 14 working days.

 

Please give me details of how I can pay.

 

I look forward to hearing from you.

 

Yours faithfully

Edited June 30, 2021 by techno20

[dx100uk]

19 minutes ago, techno20 said:

I can confirm that I am unable to pay the money which I owe in full. Our income has been significantly impacted by the coronavirus pandemic and illness

the illness is not short term and most sadly will not improve as time progresses, it is very unlikely a return to any financially meaningful employment of any kind will ever happen  (need more info please..)
 

 

(scuse asking but what age are they roughly?
)

[techno20]

Thanks DX. No problem - both 61..

 

One of my parents has been on SSP for the last 3 months due to surgery, but should be back to work in August.

 

Income has dropped longer term though, as there has been a loss of overtime due to Covid which we don't expect to come back.

 

Edited July 1, 2021 by techno20

[London1971]

Pers i'd go for writing the thing off completely. Just emphasise age, illness, loss of overtime etc more

[techno20]

Do you have a template for that, or should I send a modified version of the above?

 

Do you think it's likely they'll accept a full write off?

[dx100uk]

On 16/04/2021 at 17:04, techno20 said:

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?

 

 

Go back to a few posts before the above post

And read the posts again lots of letter in the debt collection library

 

 

[techno20]

Thanks DX. Should I send to just Cap1 or Link also? My plan is to send the following (we'd prefer not to go through writing another personal budget sheet unless it'll significantly improve chances):

 

Dear Sir or Madam

 

Account No/Reference No: XXXXXXXX

 

Further to my recent letter, I am experiencing extreme financial hardship. As such, I'd be extremely grateful if you would consider writing off the outstanding debt owing. I have always taken very seriously my financial responsibilities but unfortunately my circumstances are so bad that I cannot realistically maintain payments of any kind.

 

Please take the following special information into account when making your decision.

 

Illness, coupled with a loss of overtime due to the COVID-19 pandemic, has lead to a severe drop in household income. I am 62 this year and coming close to retirement age.

 

As you can see, my situation is very unlikely to improve in the future, and my continued high debt level may have a serious effect on my physical and mental wellbeing. I would therefore be grateful if you would seriously consider this request for the debt to be written off.

 

I would appreciate any help you can offer me right now.

 

Yours faithfully,

 

 

 

[dx100uk]

On 30/06/2021 at 17:44, dx100uk said:

the illness is not short term and most sadly will not improve as time progresses, it is very unlikely a return to any financially meaningful employment of any kind will ever happen we are both in our 60's

)

 

[techno20]

Does it matter that that isn't strictly true? My parent who is ill will return to work next month...