Is this letter good enough to pay against?

indebtbigtime

over the phone, they have refused to update the letter, basically saying they are not being dictated too

have said monthly payments are not an option, and when I asked for details on how I could make a monthly payment, I was constantly told thats not an option, and further action will now occur

my issue is, how do I make sure that if this ever gets to court I can evidence that I have been making monthly payments (which I havent but keep offering!!)

Pott5y

I have got to say at this point - What are they hiding. Why will they not update the letter. Seems a very lame excuse to me.

Could try writing again saying that you are not trying to dictate anyone you just asking for some reasonable clarification.

If they are refusing the full and final then is this debt actually valid in the first place. Can you fill us in a bit more.

How has this debt come about.

If the debt is fully valid and you are worried you could send a letter with a token payment (use Postal order) attached and then if I am correct (somebody please say if otherwise) they have to accept it. You can then do this monthly so that you then have a record of trying to pay.

Keep us posted

indebtbigtime

potty,
yes its legit. I have been down CCA route on all debts, and this one is definitely valid
they were adament they are not going to change the wording, and that the letter is standard and they wont be changing it...trust us basically. I said I wouldnt as national debtline said the wording wasnt good enough, and as such I will use funds for another creditor...hence monthly payments

I have just phoned the original creditor and asked them for a view on whether they want monthly payments or not and they have referred me to their in house team for a chat... much as I dont like dealing with this over the phone I will call shortly

saltnvinegar

Hi

By Allied - do you mean Allied International Credit?

They are being cagey very dilberately. The current wording of their letter allows them to sell the remainder of the debt onto another DCA and you will start the whole thing over again.

They will say whatever they can on the phone to get a payment from you, but you will have no comeback once another DCA starts chasing you. Why do you think they won't change the format of the letter?

You MUST get everything discussed on the phone confirmed in writing. Too may people have been caught out this way. Don't let yourself be added to that number.

Best

SnV

indebtbigtime

cheers salt...no letter no payment!

I have spoken to MBNA themselves again, and said dcri are refusing monthly payments, and the lady is away to speak to her manager.

cagey is a polite word for the stories the allied mob, tell you on the phone.

indebtbigtime

Hi all, plot thickens and need more advice...

contacted mbna who confirm they still own the debt, and allied are just collecting agents. mbna have said on the phone, that the wording from allied is fine, and they have no intention of pursuing the debt any further. They have said point blank though that they wont take the debt back, or crucially issue one of their own letters (which she read to me on the phone and includes the released from liability wording)

I am left in a quandry, do I pay and assume the grey area would fall on my side if pursued and ended up in court, also assuming it wont come to that and the debt will be discharged

OR do I sit tight, sending a monthly cheque for a token amount???

HAS ANYONE PAID ALLIED ON PARTIAL SETTLEMENT and what has your experience being having paid the money?

DVardysShadow

indebtbigtime wrote: »

over the phone, they have refused to update the letter, basically saying they are not being dictated too

have said monthly payments are not an option, and when I asked for details on how I could make a monthly payment, I was constantly told thats not an option, and further action will now occur

my issue is, how do I make sure that if this ever gets to court I can evidence that I have been making monthly payments (which I havent but keep offering!!)

You need to make payments, even if they refuse them. A refusal is as good as a payment if it goes to court - but if you don't make any payments, then they won't be refused and you will be unable to show that payments were refused.

And having sent your letter, if you go on the phone to them, it is likely to result in your letter being ignored, especially if the phone conversation covers the same areas. Once you start writing, keep it all in writing.

indebtbigtime wrote: »

Hi all, plot thickens and need more advice...

contacted mbna who confirm they still own the debt, and allied are just collecting agents. mbna have said on the phone, that the wording from allied is fine, and they have no intention of pursuing the debt any further. They have said point blank though that they wont take the debt back, or crucially issue one of their own letters (which she read to me on the phone and includes the released from liability wording)

I am left in a quandry, do I pay and assume the grey area would fall on my side if pursued and ended up in court, also assuming it wont come to that and the debt will be discharged

OR do I sit tight, sending a monthly cheque for a token amount???

HAS ANYONE PAID ALLIED ON PARTIAL SETTLEMENT and what has your experience being having paid the money?

Do not go for a partial settlement on the letter you have received. There are plenty enough people here who have been bitten.

indebtbigtime

Thanks Dark

I am not worried about the partial. I have had a couple previously and I know they 'stain' my credit file for 6 years, but I never want credit again, and I have so many stains 1 more doesnt matter

Its simply whether the debt can be pursued or not. If I know thats it finito, job done, then I would deifnitely pay...

re monthly payments. I dont have a cheque book (basic account). I dont want to give debit details (heard horror stories), I dont fancy sending PO as I am not sure what audit trail I have, and I have no payment slips from them..... any other options?

cheers

Pott5y

Hi Indebtbigtime

I would write the same letter you have written to Allied changing the details to MBNA and send it to MBNA directly.

They hopefully then will respond to you in writing. When speaking to them on the phone they will just fob you off as much as they can. Think about it. They can tell you what you want to hear on the phone, you pay, then they deny all knowledge. Result - they then chase you for the rest of the money and you have no proof. You must get confirmation in writing. Partial settlement on your credit file is fine as long as you have it in writing that they or no others will chase you for the outstanding balance, and that you are released from all liability.

Also the letter will end up in a different dept. I found all of the companies I dealt with responded so much better to letter.

As far as payment goes ask them to send you a paying in slip in the letter. Then you can go to the bank and pay it in directly or dop you have someone that can send a cheque on your behalf. This is an excellent way of paying as it involves a third party/witness.

I hope this helps

Pottsy

indebtbigtime

pottsy, great advice. I will write to MBNA as well - suspect they will say they cnnot enter correspondence on thre debt as its with allied, but definitely worth a go

re payment slips, allied have refused saying they dont want monthyl payments, but again I will put in writing

cheers