CCA Update - More Help Needed Please

Ex-Spendaholic

Thanks Roadster. Mint are probably reading these forums to see what our next move is. :eek::rotfl:

Thanks for uploading your documents as I'd have been here until next Christmas trying to sort mine.

Fingerscrossed for us both and anyone else in the same situation.

never-in-doubt

still waiting on 2nd opinion - be in touch as soon as I get it..... :)

Ex-Spendaholic

Well I have taken no action since and have not been making payments.

However today a letter arrived from Wescot saying that they had been instructed by Mint to collect the outstanding balance on their behalf. They would like the money in full by 6 April or alternatively I can phone them. (yeah right) :rotfl::rotfl: I got excited at first thinking the debt had been sold to Westcot and I may be able to get a low settlement figure but this isn't the case.

So what is my best course of action? Do I send them a CCA request and go through the whole saga again? Do I write to them offering a !!!!!!? The balance at this stage is £4011 (after having £509 refunded in default charges) Should I be making some sort of payments to this debt in the meantime?

Any advice would be greatly appreciated.

never-in-doubt

Ex-Spendaholic wrote: »

Well I have taken no action since and have not been making payments.

However today a letter arrived from Wescot saying that they had been instructed by Mint to collect the outstanding balance on their behalf. They would like the money in full by 6 April or alternatively I can phone them. (yeah right) :rotfl::rotfl: I got excited at first thinking the debt had been sold to Westcot and I may be able to get a low settlement figure but this isn't the case.

So what is my best course of action? Do I send them a CCA request and go through the whole saga again? Do I write to them offering a !!!!!!? The balance at this stage is £4011 (after having £509 refunded in default charges) Should I be making some sort of payments to this debt in the meantime?

Any advice would be greatly appreciated.

Hiya

sorry forgot to update this - we came to the conclusion with Roadster (I think) to blag it and see if they try and pursue things, I think you may be better doing the same right now - all you'd be doing is sending this to the DCA: Account sold whilst in Default of CCA Request

Ex-Spendaholic

Thank you, :beer: I'll send that off tomorrow. Banks and DCAs must hate you. :rotfl: Will no doubt be back pestering in you in a week or 2.

never-in-doubt

Ex-Spendaholic wrote: »

Thank you, :beer: I'll send that off tomorrow. Banks and DCAs must hate you. :rotfl: Will no doubt be back pestering in you in a week or 2.

That should keep them at bay, but you really send letters like that for one reason and that is to prove, if it went to court, that you followed process and done things by the book.

When integrity is called into question and you have everything in order and shred their dodgy paperwork into pieces, you can imagine who looks "better" to the judge....

Ex-Spendaholic

Hi, me again

Hadn't heard anything for a while but today received a letter from Westcot. The general gist of it is:

Further to our recent correspnodence regarding the above account, passed to us for collection by our client, RBS PLC, we not from our records that the balance of £4011 remains outstanding.

Our client is prepared to assist you in clearing this debt by offernig you the opportunity to make a reduced settlement on the outstanding balance on very favourable terms.

It goes on to say to phone them within 10 days of the letter of the offer will be withdrawn (it took 8 days for the letter to arrive) :rotfl:

So what is my best move now? By such a letter does this mean they are accepting that its unenforcable and are trying to get anything out of us to close it? Do I write to them now offering an amount? What sort of percentage should I look at? I have £2K available (although it would be great to pay a lot less) and would be very pleased to get rid of them. Or do I ignore them for the next 5.5 years until its statute barred? :eek:

Any advice appreciated.

never-in-doubt

Ex-Spendaholic wrote: »

Hi, me again

Hadn't heard anything for a while but today received a letter from Westcot. The general gist of it is:

Further to our recent correspnodence regarding the above account, passed to us for collection by our client, RBS PLC, we not from our records that the balance of £4011 remains outstanding.

Our client is prepared to assist you in clearing this debt by offernig you the opportunity to make a reduced settlement on the outstanding balance on very favourable terms.

It goes on to say to phone them within 10 days of the letter of the offer will be withdrawn (it took 8 days for the letter to arrive) :rotfl:

So what is my best move now? By such a letter does this mean they are accepting that its unenforcable and are trying to get anything out of us to close it? Do I write to them now offering an amount? What sort of percentage should I look at? I have £2K available (although it would be great to pay a lot less) and would be very pleased to get rid of them. Or do I ignore them for the next 5.5 years until its statute barred? :eek:

Any advice appreciated.

Hiya

Funnily enough, last night I created a load of new templates as we're getting loads of new responses from creditors! As it happens, a DCA refusing to accept an unenforceable account is common practice and you should therefore be the first person to utilise the new template here: Refusal by Lender/DCA - to accept Unenforceability

Ex-Spendaholic

Neverindoubt, you truly are a legend and I can't thank you enough for everything you have done for me and the others on this forum.

I will send this letter now.

What are your thoughts? Will these people eventually go away or should I be offering !!!!!!?

never-in-doubt

Ex-Spendaholic wrote: »

Neverindoubt, you truly are a legend and I can't thank you enough for everything you have done for me and the others on this forum.

I will send this letter now.

What are your thoughts? Will these people eventually go away or should I be offering !!!!!!?

Hiya

No need to offer F&F on an unenforceable debt, so no - don't bother doing that! :D