Please help 1st time debt collection agency

BrightonSun

OK so without sounding like a total numpty can someone please help a little further.
When I got home last night...Well there was the letter from 1st Credit. It states that I have to pay the balance now. Then in lovely cpaital letters 'DO NOT UNDERESTIMATE THE SERIOUSNESS OF THIS MATTER'.
So I am right in thinking I send the template letter asking them to stop calling me. With this do I also include a letter offering what I can afford? I get paid again on the 31st Dec and can pay £50 then, Then as from the 01.02.10 I can pay £100 a month. Should I sent a letter offering this with the letter asking them to not contact me?
Thanks to the prious person, But I don't understand..Is there something I can do to bring down the interest on the Barclaycard? The loan I am not worried about as it's upto date and will be gone in 11 months and the capital one card I can get paid...Well the overdraft is going to have to wait a bit longer. But it's the above debt and the £4400 on the barclaycard that is the most worrying.
Thanks again for everyone who has helped me so far :-)

BrightonSun

Bump, Anyone?

RAS

BrightonSun wrote: »

Well there was the letter from 1st Credit. It states that I have to pay the balance now. Then in lovely cpaital letters 'DO NOT UNDERESTIMATE THE SERIOUSNESS OF THIS MATTER'.

Calm down.

This is designed to panic you.

Legally, once you stop paying the agreed monthly sum, the creditor can ask for the full sum. In practice they never expect to receive. What they would like is as much as possible each month.

Start by sending the CCA request. If that comes back compliant, I would suggest that you offer to pay them £40 per month, based in your income and expenditure.

That way when they refuse, you can struggle to up it to £50. If you start at £50 they will expect £60-70.

From February, I suggest that you put that extra £50 towards your OD or the Barclaycard as that is the more expensive debt.

You should have a default letter and termination letter from Aqua? Can you find those please as it may e possible to halt legal action if those are wrong.

BrightonSun

Thank you so much :-) I can't help but panic but then it one thing I can normally say I do best.

Well I have copied the CCA link from earlier in the thread and printed out the letter. So I send this with a £1 postal order (Made payable to 1st Credit?) to there address recorded delivery? Is that right?

Should I also send the letter asking them not to call me with this other letter also?

& lastly how will I know if it comes back compliant?

Sorry for all the questions but I really need some help Thank you so much.

BrightonSun

Oh an yes I did get a termination letter from Aqua..However I threw it away. I have always done that but I have made a promise to try and deal with things head on..It's an early new years resolution.

BrightonSun

Sorry to hassle but I need to go to the post office soon as am at work...Should I send both the don't call me letter and the CCA letter together? Or just the CCA lettter?

Thanks

RAS

I recommend that you send the two letters separately,

1. They almost certainly need to be directed to different places in the company and you risk them both being sent to one and the other location not getting the instruction.

2. You have separate proof that they have received both letters.

RAS

BrightonSun wrote: »

Oh an yes I did get a termination letter from Aqua..However I threw it away.

If you are to prevent 1st credit succeeding with any legal action, you need both the default letter and the termination letter.

You need to do a Subject Access Request fairly promptly. Even if they never try it on, if you know you have a defence, your possition is much stronger.

BrightonSun

RAS wrote: »

If you are to prevent 1st credit succeeding with any legal action, you need both the default letter and the termination letter.

You need to do a Subject Access Request fairly promptly. Even if they never try it on, if you know you have a defence, your possition is much stronger.

What's a subject access?

I have sent the don't call me & The CCA? Letter off just come back from the post office.

!!!!!! the letter went about about 2-3 weeks ago, Well done me.

RAS

Its not the end of the world, just that you would have been able to photo or scan it and have known in a couple of days if you have a cast iron defence.

As it is you need to wait until you have a spare tenner and send a Subject Access Request. Any chance you have got late payment charges? Because this will also identify any of them that you can reclaim (no legal halt on them) as this will reduce the amount you owe them.