Whats the best option - Im so Confused

runforlife · 6 December 2016 at 11:34AM

Hi, Just to interrupt if thats ok...May be worth trying to upload a scan of the letter for the experts SC and FB to look at to be absolutely certain. Delete if possible your personal info. Interesting thread and once again terrific advice.

Lexi-Lisa · 8 December 2016 at 11:40PM

Yes that is ok.. but I'm not able to upload it doesn't work.. any ideas would be great

sourcrates · 8 December 2016 at 11:44PM

Lexi-Lisa wrote: »

Yes that is ok.. but I'm not able to upload it doesn't work.. any ideas would be great

Hi,

I'm just going to send you a PM.

sourcrates · 9 December 2016 at 12:17AM

Ok,

From what I can see, it's a copy of the original application form, which also doubled as a credit agreement, I don't think you have grounds to challenge anything on it to be honest, the prescribed terms also appear to be present, but are not very clear, so I can't really read them.

I would say what they have sent you probably complies with your request for information though.

Lexi-Lisa · 9 December 2016 at 7:18AM

I thought it may have been

Thank you all for your help

Have a Merry Christmas

Lexi-Lisa · 22 February 2017 at 10:11PM

Hi All

Just to update, I decided to ask for a F&F from Pra from £1144.10 to a cheeky £500,
they knocked me back and offered £915.28 for me to pay, I knocked that back and offered to pay £600, again I was knocked back but given an offer of £800.87, I decided to try once again and offered £710.87 as my final offer to settle and they knocked me back insisting the £800.87 was the best they could do, and all the while they are keep asking me to fill in a Income and Expenditure form and also asking if all my other bills are up to date, I have ignored this request..

My query tonight is, shall I just pay the £800.87 which is not that much off the outstanding balance, your thoughts would be very much appreciated...

Oh also I notice on my credit file they have reinstated the date of my original debt and updated it to default 31/12/2016.. can they do this especially when this debt is from well over 10 years ago..?

sourcrates · 22 February 2017 at 10:17PM

Hi again,

If your happy doing that then yes.

I would complain about the default date though.

If you do pay them, make sure you get it in writing that the money you pay will clear the debt, and you will not be chased for the remaining balance.

This is very important.

fatbelly · 23 February 2017 at 12:08AM

Lexi-Lisa wrote: »

Hi All

Just to update, I decided to ask for a F&F from Pra from £1144.10 to a cheeky £500,
they knocked me back and offered £915.28 for me to pay, I knocked that back and offered to pay £600, again I was knocked back but given an offer of £800.87, I decided to try once again and offered £710.87 as my final offer to settle and they knocked me back insisting the £800.87 was the best they could do, and all the while they are keep asking me to fill in a Income and Expenditure form and also asking if all my other bills are up to date, I have ignored this request..

My query tonight is, shall I just pay the £800.87 which is not that much off the outstanding balance, your thoughts would be very much appreciated...

Oh also I notice on my credit file they have reinstated the date of my original debt and updated it to default 31/12/2016.. can they do this especially when this debt is from well over 10 years ago..?

Definitely complain about the default.

I'd make any offer conditional on them reporting the true, original, date of default.

I don't think 70% is particularly good. I looked to see if I could find a useful contact but no luck. You could do an income/expenditure provided it doesn't give them any encouragement. But if you're not unemployed, in rented accommodation with no assets...I probably wouldn't, and you may have to accept that 70% is the best you can do.

Flex69 · 23 February 2017 at 2:45AM

I would send them a debt validation letter (its a series of 3 letters) they are committing fraud, they do not have the original wet inked note therefore MUST remove it from your credit and give you a ZERO balance. Study the Fair Debt Act. I can not stand to see folks go into collections or worse try to be foreclosed on which is ILLEGAL for the to do in the first place. 3rd party debt collectors but your debt and others in bulk, not only did they pay off your debt THANK YOU they are trying to collect form you which is illegal

Study up, here is just a blurb, oh I am in no way giving legal advice and not an attorney or part of the BAR (British Accreditation Registry) aka club no different than the girl scouts. If you want legal advice , God know why seek an attorney in which they work for the Queen

[FONT=&quot]1) Violation of the Fair Debt Collection Practices Act [/FONT]
[FONT=&quot]2) Defamation of Character[/FONT]

[FONT=&quot]Collector is surely aware of the consequences in violating the Fair Debt Collection Practices Act as well as the multiple violations for which Collector is now responsible. If not, let me point them out for you: [/FONT]
[FONT=&quot]1. FDCPA § 805. Communication in connection with debt collection [15USC1692c] (c) Ceasing Communication [/FONT]
[FONT=&quot]2. FDCPA § 809. Validation of debts [15 USC 1692g] [/FONT]
[FONT=&quot]3. FDCPA § 813. Civil liability [15 USC 1692k] (a) Except as otherwise provided by this section, any debt collector who fails to comply with any provision of this title with respect to any person is liable to such person in an amount equal to the sum of: (1) any actual damage sustained by such person as a result of such failure; (2) (A) in the case of any action by an individual, such additional damages as the court may allow, but not exceeding $1,000.[/FONT]

Good luck

fatbelly · 23 February 2017 at 7:37AM

Flex69 wrote: »

I would send them a debt validation letter (its a series of 3 letters) they are committing fraud, they do not have the original wet inked note therefore MUST remove it from your credit and give you a ZERO balance. Study the Fair Debt Act. I can not stand to see folks go into collections or worse try to be foreclosed on which is ILLEGAL for the to do in the first place. 3rd party debt collectors but your debt and others in bulk, not only did they pay off your debt THANK YOU they are trying to collect form you which is illegal

Study up, here is just a blurb, oh I am in no way giving legal advice and not an attorney or part of the BAR (British Accreditation Registry) aka club no different than the girl scouts. If you want legal advice , God know why seek an attorney in which they work for the Queen

[FONT=&quot]1) Violation of the Fair Debt Collection Practices Act [/FONT]
[FONT=&quot]2) Defamation of Character[/FONT]

[FONT=&quot]Collector is surely aware of the consequences in violating the Fair Debt Collection Practices Act as well as the multiple violations for which Collector is now responsible. If not, let me point them out for you: [/FONT]
[FONT=&quot]1. FDCPA § 805. Communication in connection with debt collection [15USC1692c] (c) Ceasing Communication [/FONT]
[FONT=&quot]2. FDCPA § 809. Validation of debts [15 USC 1692g] [/FONT]
[FONT=&quot]3. FDCPA § 813. Civil liability [15 USC 1692k] (a) Except as otherwise provided by this section, any debt collector who fails to comply with any provision of this title with respect to any person is liable to such person in an amount equal to the sum of: (1) any actual damage sustained by such person as a result of such failure; (2) (A) in the case of any action by an individual, such additional damages as the court may allow, but not exceeding $1,000.[/FONT]

Good luck

We're assuming the OP lives in England/Wales, not the US.

None of this has any relevance whatever.

In the UK debt collection is regulated by the FCA, under their CONC rules.

Data recording is regulated by the ICO.

There's no breach of CONC rules that I can see but the ICO's Principles document says

1. Data that is reported on your credit file must be fair, accurate,
consistent, complete and up to date.

and

The date of default recorded on the file would normally be the date on which a decision to file a default becomes effective, e.g. 28 days from the date of the default notice.

Whats the best option - Im so Confused

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