letter to debt collection agencies

tomterm8

Request for a stay of execution in the High Court ( From the National Debt Line website : http://www.nationaldebtline.co.uk ):




YOUR ADDRESS

DATE

DCA ADDRESS

Dear Sir/Madam

Case No: AC NUMBER

We are unable to pay the sum claimed immediately and wish to apply for a stay of execution.

We therefore enclose an application and affidavit/witness statement in support of our application for a stay.

You will note that we are able to make a repayment proposal of £ per month and that our first monthly instalment could be made on −−

We have examined our full financial circumstances and believe that this sum represents a realistic amount. We hope therefore that you will be able to accept the repayment schedule.

Yours faithfully
YOUR NAME

tomterm8

Ask your creditors to reconsider if they refuse to write off the debt ( From the National Debt Line website : http://www.nationaldebtline.co.uk ):

YOUR ADDRESS
DATE

DCA ADDRESS

Dear Sir/Madam

Acc/Ref No AC NO

Thank you for your letter, concerning the above account. We are sorry that you are unable to write off the outstanding debt.

The majority of our creditors have agreed to the request that the debt be written off. They have accepted that our circumstances are such that we cannot realistically maintain payments of any kind.

We would therefore be grateful if you would reconsider your decision not to write off this debt. Please take the following information into account when making your decision.
Paragraph outlining the special circumstances you have that you want the creditor to take into account.

We would therefore be grateful if you would give careful reconsideration of your decision not to write off this debt. Should you not feel able to agree to this request, please consider accepting token payments on this account of £1 per month. As you will see from the enclosed personal budget sheet we have no available income and are not in a position to make realistic offers of payment. Additionally we would also ask that any interest and charges on the account be frozen to avoid the situation worsening.

Yours faithfully
YOUR NAME

tomterm8

Mortgage shortfalls: Breakdown of balance owed ( From the National Debt Line website : http://www.nationaldebtline.co.uk ):



YOUR ADDRESS

DATE

DCA ADDRESS

Dear Sir/Madam

Re:− AC NUMBER

Thank you for your letter call concerning the above account. We do not acknowledge the claim. Please supply us with a full breakdown of the balance claimed under the above account.

In order for us to deal with the matters you raised, we should be grateful if you would supply we with answers to the following points:

when did the arrears begin?

when was the last payment made on the account?

when was any Possession Order given?

when was the house sold?

what valuations were made on the property before the sale?

what costs were involved in maintaining the property during the period between the repossession and the sale?

how was the house marketed and sold and at what price?

what costs were involved in selling the property?

has a claim been made against the indemnity insurance and how much was recovered?

how has interest been calculated from the start of the arrears?

Please supply us with a full breakdown of the balance claimed under the above account. We look forward to receiving your reply as soon as possible.

Yours faithfully
YOUR NAME

tomterm8

Mortgage shortfalls: Please write off the debt ( From the National Debt Line website : http://www.nationaldebtline.co.uk ):



YOUR ADDRESS

DATE

DCA ADDRESS

Dear Sir/Madam

Re:− AC NO

Further to our recent , We enclose a copy of our Personal Budget sheet which gives details of our present financial circumstances. As you can see our outgoings are more than our income and we are experiencing extreme financial hardship.

We would be very grateful if you would consider writing off the outstanding debt owing. We have always taken very seriously our financial responsibilities but unfortunately our circumstances are so bad that we cannot realistically maintain payments of any kind. We understand that under the “FSA Mortgage Conduct of Business Rules” a lender is not required to recover a mortgage shortfall debt where it is considered unviable to do so.

Please take the following special information into account when making your decision.

[ SPECIAL CIRCUMSTANCES PARAGRAPH ]

As you can see our situation is very unlikely to improve in the future, and our continued high debt level may have a serious effect on our physical and mental wellbeing. We would therefore be grateful if you would seriously consider our request for the debt to be written off.

We would appreciate any help you can give us.

Yours faithfully
YOUR NAME

tomterm8

Mortgage shortfalls: Full and final settlement letter ( From the National Debt Line website : http://www.nationaldebtline.co.uk ):




YOUR ADDRESS

DATE
DCA ADDRESS

Dear Sir/Madam

Re Account No/Reference No:− AC NO

We write with reference to the money which you are claiming on the above account. We can confirm that we are unable to offer to pay the money which you claim we owe in full.

Paragraph outlining the special circumstances you have that you want the creditor to take into account.

However, we can raise £AMOUNT and we want to offer this as an ex−gratia payment in full and final settlement of the account, including any subsequent third party claim. This is not an acceptance of any liability for the amount claimed. This offer is made on the clear understanding that, if accepted, neither you nor any associate company, will take any other action to enforce or pursue this debt in any way whatsoever and that we will be released from any further liability.

We also request that, if accepted, you will make an entry on a credit reference agency file relating to the above account as “satisfied” in full. Payment can be made within 2 weeks of receiving your written agreement to this offer and indication of your desired method of payment.

We look forward to receiving your reply.

Yours faithfully
YOUR NAME

tomterm8

Mortgage shortfalls: Lender should not pursue under CML policy ( From the National Debt Line website : http://www.nationaldebtline.co.uk ):



YOUR ADDRESS

DATE

DCA ADDRESS

Dear Sir/Madam

Re Account No/Reference No:− AC NUMBER

You have contacted us regarding the amount you claim is owed as a shortfall on the mortgage following the sale of our property.

We understand you are a member of The Council of Mortgage Lenders. As you will be aware, The Council of Mortgage Lenders has the following policy on obtaining repayment of shortfall debts. This applies to all Council of Mortgage Lenders members.

“Lenders are committed to fair and sympathetic treatment of people who have suffered repossession, and accept that individuals should not face long delays before lenders contact them to discuss repayment of the shortfall”.
“From 11th February 2000 lenders who are members of The Council of Mortgage Lenders have agreed voluntarily that they will begin all recovery action for the shortfall within the first six years following the sale of a property in repossession. Anyone whose property was taken into possession and sold more than 6 years ago, and who has not been contacted by their lender about recovering any outstanding debt will not now be asked to pay the shortfall”.

We would point out that the property in question was sold on DATE. Also the first contact we had from yourselves was by in writing on DATE. We therefore suggest that under The Council of Mortgage Lenders policy our property was sold more than 6 years and we have not been contacted by yourselves within that time. Therefore we should not be asked to pay any shortfall debt outstanding.

We would also point out that from 31st October 2004 the Financial Services Authority have issued “The Mortgage Conduct of Business Rules” which say that if a lender decides to recover a mortgage shortfall debt they must make sure the borrower is informed of this within 6 years of the date of sale.

We look forward to your confirmation in writing that any outstanding shortfall debt will not be pursued against us any further.


Yours faithfully
YOUR NAME

Crown

Hi, Its nice to see all the letters in one easy to use post but shouldnt the original sitre get some credit for it?

Are these not the template letters from the National Debt Line site?

http://www.nationaldebtline.co.uk

tomterm8

Inform your creditor that you are terminating your hire purchase/conditional sale agreement ( From the National Debt Line website : http://www.nationaldebtline.co.uk ):



YOUR ADDRESS

DATE

LOAN COMPANY ADDRESS

Dear Sir/Madam

Re:− AC NUMBER

Voluntary Termination

We are writing to notify you that we are exercising our right to terminate the Agreement under Section 99 of the Consumer Credit Act 1974.

We understand that we will be liable to you for the amount calculated under the formula in Section 100 of the Consumer Credit Act 1974.

Please send us details of how the vehicle can be returned to you.

Please confirm receipt of this request by telephone to us on YOUR TELEPHONE NO.

Yours faithfully
YOUR NAME

tomterm8

Crown wrote: »

Hi, Its nice to see all the letters in one easy to use post but shouldnt the original sitre get some credit for it?

Are these not the template letters from the National Debt Line site?

http://www.nationaldebtline.co.uk

I've now put recognition at the top of every national debt line letter I've posted. Several other letters I've posted are culled from various web sites, but I don't know the originator so if anyone recognises them, let me know.

smashedbooboo

Hi Pamril, have a look throuhg these hun xxxxxxxxxxxxxxx