Link Financial & CCJ Action

Hi Guys,

Thought I ask the experts on what's the best course of action.

Backgroud story:

DMP with CCCS since Mar 2009 until Feb 2010, then went self managed, with only GE Money grumbling.

Today recieved a Letter Before Action from Link Financial who have bought 2 of our accounts from GE Money.

Spoken to them on the phone (I'm thick skinned, so know what under handed tactics I was letting myself in for). Not much
negotiation, they basically said nope pay the full balance over 5 months or we're going for CCJs. Yep I'll just find that spare 20k that I have hiding under the mattress and I'll send it on to you. Don't think so!!

I did manage to get their account details, even though they said paying by debit card is the best option.... Hmmm don't think so....

Therefore I'll set up payments, and was planning to pay them £250 (split between the 2 accounts) per month as per my DMP payments.

Now here's where I need the advice.

What should I do now?

1. Carry on paying them and let the go for the CCJ's. Credit file trashed anyway, so not overly concerned. Do I have to go the court??? DH would have a fit if we do!!!

2. Send them my I/E and let them see that my payments are the most I can afford, hoping that they'll see sense and that the court will not up the payments, highlighting that court action would be futile.

3. Send CCA requests. Both accounts are personal loans, I'm not sure of the date we took them out, need to find out, but pretty sure it was before April 2007. (Don't have a clue how to go about this one- so advice would be great).

TIA

BMM
LBM: 20/01/09 Total Debt: £104,050
Curr Bal (25/08/12): £46,109 (55.6% Paid):j
DMP Start Date: 01/03/09

Comments

  • PARIS_5000
    PARIS_5000 Posts: 868 Forumite
    edited 8 October 2010 at 11:22AM
    Hi Guys,

    Thought I ask the experts on what's the best course of action.

    Backgroud story:

    DMP with CCCS since Mar 2009 until Feb 2010, then went self managed, with only GE Money grumbling.

    Today recieved a Letter Before Action from Link Financial who have bought 2 of our accounts from GE Money.

    Spoken to them on the phone (I'm thick skinned, so know what under handed tactics I was letting myself in for). Not much
    negotiation, they basically said nope pay the full balance over 5 months or we're going for CCJs. Yep I'll just find that spare 20k that I have hiding under the mattress and I'll send it on to you. Don't think so!!

    I did manage to get their account details, even though they said paying by debit card is the best option.... Hmmm don't think so....

    Therefore I'll set up payments, and was planning to pay them £250 (split between the 2 accounts) per month as per my DMP payments.

    Now here's where I need the advice.

    What should I do now?

    1. Carry on paying them and let the go for the CCJ's. Credit file trashed anyway, so not overly concerned. Do I have to go the court??? DH would have a fit if we do!!!

    2. Send them my I/E and let them see that my payments are the most I can afford, hoping that they'll see sense and that the court will not up the payments, highlighting that court action would be futile.

    3. Send CCA requests. Both accounts are personal loans, I'm not sure of the date we took them out, need to find out, but pretty sure it was before April 2007. (Don't have a clue how to go about this one- so advice would be great).

    TIA

    BMM


    I would do number 3 and send them the CCA request by recorded delivery you will find the updated letters here http://forums.all-about-debt.co.uk/index.php click on unenforceabilty.

    I would make sure that you read up on the CCA process so you know what to do and how to handled the letters that they will send you while this process is place.

    This should stop them going for the CCJ because they should take not action against you while the debt is dispute however this does not always stop them.

    Never ever call a DCA you have to keep everything in writing so that you have proof and you do not need to put up with their abuse.
  • Thanks Paris,

    Very new to the CCA aspect of debt mangement. I know option 3 is the route I need to take, but always had the view if creditors played fair I'd pay back the 82k I'm owe them. But always vowed that if they started playing funny b**gers then I'd go down the route of CCA & UE options. So another learning curve for me to tackle.

    Won't be phoning them again, just wanted to see how things were and to see if they would accept my DMP payments, but hey ho they don't want them so tough.

    BMM
    LBM: 20/01/09 Total Debt: £104,050
    Curr Bal (25/08/12): £46,109 (55.6% Paid):j
    DMP Start Date: 01/03/09
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