F & F offer please look at I & E

GeorgeUK

I would send the SAR now. They've had a week to think about it and if you do find that the debt is unenforcable, they may be much more open to accepting an offer.

For the loan, was this for more than £25k? I think that was the limit that the CCA74 covered. Are you paying payment protection insurance on any of these? If so you may be able to reclaim it back if it has been missold.

As for my brother - i don't think he's even looked at it. I'll need to get on his case again.

fatbelly

homealone wrote: »

Household Information[/b]
Number of adults in household........... 2 have put 2 as son 18 next month

Whether son is an adult or a child depends on whether you are getting child benefit for him.

From your earlier posts, you are, so he is a child, at least from this perspective.

Has your benefit income gone up since an earlier post in this thread?

homealone_2

GeorgeUK wrote: »

I would send the SAR now. They've had a week to think about it and if you do find that the debt is unenforcable, they may be much more open to accepting an offer.

For the loan, was this for more than £25k? I think that was the limit that the CCA74 covered. Are you paying payment protection insurance on any of these? If so you may be able to reclaim it back if it has been missold.

As for my brother - i don't think he's even looked at it. I'll need to get on his case again.

no it was for £12500, had a thought today too, the halifax f & f was sent to halifax collection department so should i now send a copy of my offer to the debt collection agency as well as the sar. thanks alot for all your advice this week george been out of my mind. been juggling all this with 6 hospital appointments in the last 8 days and an op last friday! will hunt out them links you sent for SAR and post over weekend. i really hope they answer me soon on some level am so sick of the phone ringing!!!

homealone_2

fatbelly wrote: »

Whether son is an adult or a child depends on whether you are getting child benefit for him.

From your earlier posts, you are, so he is a child, at least from this perspective.

Has your benefit income gone up since an earlier post in this thread?

no, benefit same but am getting rent and council tax benefit so not sure if that was on earlier one

GeorgeUK

You are wanting the SAR so you can see what is on the actual credit agreement - this should be sent to Halifax not the DCA.

I would wait until you get a reply about the SAR so you can see if the CCA is enforcable or not - then you can inform the DCA that the credit agreement is unenforcable, why, and say you will be making them a one-time offer. The amount i would offer would depend on the enforcability of the CCA.

homealone_2

GeorgeUK wrote: »

You are wanting the SAR so you can see what is on the actual credit agreement - this should be sent to Halifax not the DCA.

I would wait until you get a reply about the SAR so you can see if the CCA is enforcable or not - then you can inform the DCA that the credit agreement is unenforcable, why, and say you will be making them a one-time offer. The amount i would offer would depend on the enforcability of the CCA.

thanks george will be sending SAR to both lloyds and halifax first thing monday, do i send it to just their normal address or their in house collections team???. had to unplug the phone today as they were driving mr crazy.
i also finally got the blurb from tax credit people listing all payments made. cant believe i owe them so much £12.500. i feel so stupid to have let husband deal with all this since i became ill. how can i answer why i let the overpayments continue when it was obvious we were getting too much when i didnt see how much we were getting??? was advised to involve mp many months ago when i thiught it had to be an error, now even she is asking just how could the figures have been all wrong and so very wrong??? have been writing to taxcc.org who have been helping me with it all over the last 6 months, think am past helping at this stage. no mater what my financial state is now they are never going to wrie off such a huge sum. another thing to add to it all, at least for moment they are not ringing me every hour. will post sar as i said and will let you know when i receive replies from f and f offers. i sent halifax f and f to thier own collection team should i send one to their dca now they have passed it on or do you think they may pass it on direct?

GeorgeUK

Have you sent the letters requesting that all communication be in writing only? This may take a week or two, but more than that and you should probably go through their official complaints procedure.

For any official documents, it is probably best to send it to their Head Office and by recorded delivery so that you can get confirmation that it was received. Don't forget - don't put your signature on the letter or payment (£10).

I would not write a F&F to the DCA until you know whether the credit agreement is enforcable or not - this would influence how much the offer should be (if any).

homealone_2

GeorgeUK wrote: »

Have you sent the letters requesting that all communication be in writing only? This may take a week or two, but more than that and you should probably go through their official complaints procedure.

For any official documents, it is probably best to send it to their Head Office and by recorded delivery so that you can get confirmation that it was received. Don't forget - don't put your signature on the letter or payment (£10).

I would not write a F&F to the DCA until you know whether the credit agreement is enforcable or not - this would influence how much the offer should be (if any).

hi

am just printing out the links you sent me so i cn send them both a letter to not ring me anymore and a letter to request sar, do i send £10 each to lloyds and halifax and if no sig on itfrom me could i use a cheque from member of family so no link to my bank account??? or would i need to get postal orders???? understand need to do recorded delivery......... bearing in mind my financial situation is this sar thing really worth the £10 from what you say it may be but want some reassurance i guess

GeorgeUK

Yes, £10 payment of fee with each SAR. As long as there is a form of payment, that's all that matters - you just don't want them to be able to copy your signature and put it onto a document you may never have seen before.

If you have charges that you could reclaim, sending the SAR will allow you to see the transactions for the last 6 years and work out how much you can claim back. Also if the credit agreements are not properly executed, they may be unenforcable - this should have an impact when they decide whether to accept any settlement offer you make and also how much you should be offering for a debt that you may not be obliged to make any payments to at all.

homealone_2

GeorgeUK wrote: »

Yes, £10 payment of fee with each SAR. As long as there is a form of payment, that's all that matters - you just don't want them to be able to copy your signature and put it onto a document you may never have seen before.

If you have charges that you could reclaim, sending the SAR will allow you to see the transactions for the last 6 years and work out how much you can claim back. Also if the credit agreements are not properly executed, they may be unenforcable - this should have an impact when they decide whether to accept any settlement offer you make and also how much you should be offering for a debt that you may not be obliged to make any payments to at all.

do not think i have ever had any charges in the whole 27 years with lloyds until now and they are about £20 so far, halifax i haveonly had for about 4 years and them too have i only incurredcharges with recently and they total about £50 so far in defult charges. so all i think i will find out is whether they hold a signature for either. so i am guessing then both cheques can come from my mum, having problems tracking down the template for both of the SAR please