Newbie seeking advice

stealeruk · 26 May 2009 at 4:31PM

Not entirely sure this is right but I thought you wouldn't get JSA if you had a certain amount of savings. Is this why you haven't declared it?

Shinysprite · 26 May 2009 at 5:02PM

I *have* declared it, as mentioned in one of my posts above! Because of the level of my savings, I am on contribution-based JSA, rather than income-based and can only claim for six months. If at that point I haven't found a job, I imagine my situation will be reviewed and I will be switched to income-based. BUT if the worst happens, and I haven't found work at that point and can't get benefit, I want to be able to fall back on my savings but would also like to use some, but *not all* to help me get debt-free as I am currently unable to meet my agreed monthly payments and know that using savings is by far my best option.

I have, over the past 6-7 years been making regular payments to all of my creditors and my situation has been improving and I don't want things to slide back and get any worse. CCCS have told me that essentially I don't have a debt problem as I have sufficient savings to wipe out my debts - my original post above was requesting advice on how to go about making settlement offers to my creditors, given that I would obviously prefer to make reduced settlements where possible. My only other option is making token payments and I am sure they would prefer to settle for one reduced lump sum, even if not the full amount, rather than accept token payments for an indefinite period of time while I am out of work, and I am hoping that my years of regular payments will have built up some goodwill with them which will make them more amenable to lower settlement figures. I have tried to negotiate lower settlements with them before but they did not accept so I am looking for advice from anyone who may have been in a similar situation and negotiated, i.e., best starting point, using goodwill as a bargaining tool, etc..

Shinysprite · 27 May 2009 at 12:01PM

HFC Bank have been calling me this morning to find out what's going on. I've told them they will be hearing from me in the next few days - I have decided to request CCAs to see where that takes me, and then think about what offers to make after that. I've established how long it will take to get my savings out so fingers crossed I will be debt-free fairly soon... watch this space!

Merlinexcalibur · 27 May 2009 at 1:05PM

best starting point, using goodwill as a bargaining tool, etc..

They have no loyalty to you, so goodwill usually doesn't work. Once you are in debt with someone won't matter how many years you've been 'loyal' to them. They are a business, and want the money.

My advice - as given to everyone in these situations - is don't speak to them on the phone at all. Only writing. No protection from a phone call, and they will tie you in knots with double-speak and you are open to the usual harassment to get you to pay.

Send your creditors this letter, they will continue to phone, but ignore their calls as you have given them formal warning of written communication in writing; so a continuance of calling is proof they have ignored it.

Dear Sirs

Harassment by telephone

Account Number: XXXXXXX

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.
I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)
I now require all further correspondence from your company to be made in writing only.

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

Be advised that any further telephone calls from your company will be recorded. (**Even if you don‘t yet have recording equipment!!**)

Yours faithfully,

[NAME HERE]

I know all this sounds 'easy' but this battle is fought by paper.

Shinysprite · 27 May 2009 at 1:15PM

Thanks for the template - hopefully I won't need to use it. I told HFC this morning that I would refuse to deal with them on the phone and would conduct the remainder of my business with them in writing and they seemed OK with this. No-one else has been calling me yet, they seem to be behaving themselves! Fingers crossed that this continues, although I can't imagine it lasting very long... we'll see what happens when they get my CCA requests. I'm hopeful of at least one of them not being able to provide me with the relevant paperwork.

Just one more thing - I'm gathering from other posts that it's best NOT to sign the letters I'm sending, is that correct? Do they have the argument that it's not a valid request unless I've signed the letter? Sorry to keep asking all these questions, just want to make sure I have all my bases covered...!

Thx!

Merlinexcalibur · 27 May 2009 at 1:17PM

The idea of that letter is to have a papertrail. The more proof you have when needed of what you've done, the better is what I am saying.

would refuse to deal with them on the phone and would conduct the remainder of my business with them in writing and they seemed OK with this.

Erm, I'd take that maybe with a pinch of salt. Don't be surprised if you get calls again in a few days. If not sooner.

Just one more thing - I'm gathering from other posts that it's best NOT to sign the letters I'm sending, is that correct? Do they have the argument that it's not a valid request unless I've signed the letter?

Let's just say that if no signature exists, then that's the reason why ... if you look at their letters, however, they aren't signed. Usually if they are they are one template letter and the name of the person doesn't even exist. If they ask you for a copy of your signature there is another letter you can send when you reach that point. If needed.

treblex33_2 · 31 May 2009 at 10:17AM

Tixy wrote: »

Have you checked with these companies that they hold a valid copy of the CCA? Particularly the one with the DCA. If you ask them for this first (standard template letter and £1 postal order) and they cannot provide you with it they are likely to accept a much lower percentage settlement.

Merlinexcalibur wrote: »

Let's just say that if no signature exists, then that's the reason why ... if you look at their letters, however, they aren't signed. Usually if they are they are one template letter and the name of the person doesn't even exist. If they ask you for a copy of your signature there is another letter you can send when you reach that point. If needed.

Hi All,
Can you still request CCA's even though the dept has already been acknowledged by Shinysprite by setting DMP plan and various correspondences (generally letters begin with I acknowledge the debt)that has been sent?

If I'm reading this right Shinysprite has already approached the creditors once for F&F by sending letters to that effect so if they don't hold a CCA signature will they not have it from that correspondence?

treblex33_2 · 31 May 2009 at 12:16PM

Sorry - forgot to mention, I'm in a similar situation as well thus anxious to hear from your experiences on the points raised above..
thanks in advance

Shinysprite · 31 May 2009 at 1:35PM

treblex33 wrote: »

If I'm reading this right Shinysprite has already approached the creditors once for F&F by sending letters to that effect so if they don't hold a CCA signature will they not have it from that correspondence?

Hi Treblex33,

Looks like you and I might be in the same boat! Yes, I have already tried to make F&F offers, which (apart from one) were refused. Although I have acknowledged the debt (my making payments), I was unaware of the rules regarding CCAs and am interested to find out what CCAs they have (if any), if only to try and buy myself a little more time and/or barganing power. I think the fact that they have my signature from previous F&F offer letters is irrelevant (am sure someone more knowledgeable about this sort of thing than I am can jump in and confirm/deny this!) as they have to have it on a CCA - although I realise they could try to forge this...!

In the case of at least one of my creditors, I am *extremely* doubtful that they have the correct paperwork as the debt is quite old and has been passed through at least a couple of other DCAs, so am hoping that they will settle for a much reduced sum when the time for negotiation comes. If, ultimately, they play hardball and won't back down, I want to know that I've done all I can to at least *try* to get them to settle for what I offer. The long and short of it is, I am unemployed and able to offer only token payments unless they settle, so my view is that they would be daft not to, although I am prepared for them not to see it that way!! :rolleyes:

Merlinexcalibur · 31 May 2009 at 1:43PM

Read this thread for more on the CCA process ...

http://forums.moneysavingexpert.com/showthread.html?t=767025

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