CCA Request

[FlamingParrot]

Re: CCA Request

Looking at post 84, I would say until they send the T&C's from inception it is UE. However, currently I think you are paying just £2 per month. Whether or not it is UE, you have to ask yourself if it is worth cancelling that payment arrangement for the sake of that £2.00. If you cancel it, they then come up with the T&C's and you ask for a payment arrangement again, you may just end up with a CCJ when they refuse. You may not, but is it worth the risk?

It wouldn't be for the sake of £2, it would be to allow the debt to become SBd eventually, that is the only reason why you'd stop token payments, because they keep the debt alive indefinitely.

It is, of course, a personal decision that only the OP can make, :decision: and it's important to be fully aware of the implications. One thing to be aware of is that making token payments does not guarantee they won't take you to court. I know quite a few cases where debtors were taken to court despite keeping up their agreed payments. Sadly I can't link to some of them for various reasons, however, the best example has to be this one: http://paulatwatsonssolicitors.wordp...ander-v-mayhew

The Defendant ran into financial difficulties and in July 2009 she failed to make the minimum payment due on the card. She informed the Claimant of her problems in February 2010 and it was agreed that she would make payments of £5.44 a month from March 2010.

These lenders need to realise that the consumers are fighting back now, and when someone like Di Mayhew who bends over backwards to pay her debt gets sued, you can understand why people are fighting back, maybe if the banks were more reasonable as i pointed out in a recent blog entry, then people would not be fighting them in court ( And WINNING) but they would be more inclined to pay the lenders what they owed. After all you cannot get blood out of a stone, so if someone like Ms Mayhew pays £5 per month because thats all they can afford, i dont see why the lender needs to sue, it makes no sense to me.

[chris260483]

Re: CCA Request

[chris260483]

Re: CCA Request

mmmm what to do what to do...

i offered F&F of £4200 but was rejected due to amount of working life i have and prospects of repaying in the future. By paying £2 per month it just keeps the debt over my head for ever. Worried if i stop paying the £2 due to the fact the default comes off my CR in 2015 and really dont want them to issue a CCJ and start the 6 on my CR years again.

[labman]

Re: CCA Request

mmmm what to do what to do...

i offered F&F of £4200 but was rejected due to amount of working life i have and prospects of repaying in the future. By paying £2 per month it just keeps the debt over my head for ever. Worried if i stop paying the £2 due to the fact the default comes off my CR in 2015 and really dont want them to issue a CCJ and start the 6 on my CR years again.

If it helps, let's look at it another way. If you continue to pay £2 per month, there is no guarantee you will not be taken to court. If you stop paying £2, there is an increased likelihood of you being taken to court, but probably more likelihood of them selling the debt on, or passing it to a DCA for collection. You then argue the UE route and the 6 years starts ticking.

Only you can make that decision! :beagle:

[chris260483]

Re: CCA Request

with the info i have provided on both SAR & CCA would you say in your opinion it would hold up to anything if i stated UE?

The debt is with a DCA at the moment but hasnt been sold on.

[labman]

Re: CCA Request

That's not quite how UE works. At present, I believe it would be UE, but if they came up with the correct set of T&C's it would immediately become enforceable again unless you can find another way of fighting UE with it. Nobody knows how likely it is they'll come up with the correct T&C's, but going on my past experience (and I deal more with helping find a way for people to repay debts, not follow UE), I'd say it is pretty unlikely.

I get the feeling you're wanting to jump, but daren't quite do it! Sadly, nobody can give you a push, it's something you have to decide yourself from as informed a position as possible. :beagle:

[chris260483]

Re: CCA Request

Hi,

This has now been passed back to Lloyds TSB by credit security ltd and they have passed to westcot of whom have accepted a F&F offer of £4900 (debt £14,830) of which they say they will confirm in writing.

I have told them I want the debt to be marked as paid in full but they say Lloyds will not do this and will only mark this as partially satisfied. Is it worth contesting this?

The debt has a default on the account but this comes off in 2015 so not too long until removed.

Anyone have experience of westcot and if this will happen as they say and have I offered too much?

Thanks

[MIKE770]

Re: CCA Request

they will only as partially sstisfied i..e. the true state of account, but make sure that they put in writing the remainder will not be chased or sold to another cretin DCA buyer?

[labman]

Re: CCA Request

It's really not worth splitting hairs about if you're happy to live with the default on your CRF till 2014. Follow Mike's advice, and if possible, get the payment made and accepted in writing via a third party, so the contract is with them, not you. This is not critical, but I think is regarded as good practice. It always pays to be cautious, especially with F&F's, as they come under Common Law, so each case stands or falls on its own merit.

[chris260483]

Re: CCA Request

I've seen on some forums about people partially paying but getting the banks to mark paid in full? Is this just nonsense?

once I receive there letter I will go through it and make them change anything that I'm not happy with, I.e making sure that this relieves me of any liability on this debt and neither westcot, Lloyds nor any other associated company will take any action to enforce or pursue this debt. Correct?

Im probably going to see if I can get the offer lower to about 3k and see what they say

thanks

[chris260483]

Re: CCA Request

I would rather have it say paid in full then partially settled as this would look better on crf?

or would it be pretty much the same due to the default?

[labman]

Re: CCA Request

If it is marked a 'Settled in Full' it shouldn't affect your credit file; if it is marked as anything else, it is not worth arguing for as it will still affect your credit whatever the word they use.

[chris260483]

Re: CCA Request

Thanks labman,

in your opinion if I ask will they mark it as settled in full with a partial payment?

And even if they did mark it as settled in full it will still show as defaultd in 2009 which can't be removed and will still effect my CRF?

sorry if I sound dumb :tinysmile_cry_t:

[labman]

Re: CCA Request

You don't sound dumb at all. Settled in full means exactly what it says on the tin - it is settled, over and done with, in the past and not to be considered in the future, rather like a spent criminal conviction.

As to whether they will do it or not, that is part of the F&F negotiation which nobody can predict I'm afraid.

[chris260483]

Re: CCA Request

lets just wait and see what they send me in writing