F&F help/no contact from creditors

BlueIsTheColour

Hi everyone,

Hope someone can help/advise me? Haven't posted here for a while as everything has been quiet on the debt front, however I may be about to get access to some funds in order to pay my debts off but I have a couple of questions if that's ok?

In total I have about £16k of debt across 6 cards, all of which I have been making token payments of £1pm for 3.5yrs now. Cabot have a couple and every now & then they send a statement & a letter offering a settlement, one was 35% of value and the other 60%. Another is with another DCA who say they can probably offer discounts of up to 50%. Another is with a different DCA who I never hear anything from, the occasional call but never anything in writing.

The final two remain with their originators, bizarrely... One is with a well known CC provider, that I have heard nothing from in about 4 years I think it is, I pay them £1 a month standing order, and have had no communication at all since they agreed to that, although I did have to take them to the ombudsman to get them to agree to that. They didn't keep to that agreement so I had to complain again and since then I have heard nothing, no statements, no demands, nothing. Upon checking my credit file, they haven't even defaulted the account, which I guess will be to my detriment ultimately...

So my question is, how do I approach possible F&F's to get rid of them all if I do get this money. The money would allow me to offer them about 29% of original value. I suspect that those with the Cabot et al may well be successful due to the length of time have been defaulted and paying £1, however the other two I suspect will be less willing, and I am wary of contacting them if it then means I have poked the hornets nest and they start hassling me for money I won't have, so is it better to leave them be?

I have adapted the letter from the National Debtline site and figure I will write to Cabot first as they have made me offers to settle already, but I am hoping for advice on the others if anyone can help?

Apologies for the length of this thread and really appreciate any responses

BlueIsTheColour

Aww 150 views but no advice

All help really appreciated, thanks in advance

moohound

When will you definately know if you can get the funds?

I would put in the letter that the funds are only available to clear the debt and won't be available forever, And if refused you will carry on with the token payments. If you are making low payments I think they will take it. Make sure you won't be chased for the remaining balances.

The one you reported to the ombudsman, I'm not sure about, logic would say they would take the money, but they sometimes seem to defy logic.

BlueIsTheColour

Thanks MH, just been reading a link from another thread about defaults, and noticed this "Accounts should normally be filed as being in default where those payments due have not been received for six months" which they have failed to comply with, given it has been on token payments for over 3 years and still no default registered, hence my reticence to contact them as I feel it will be like poking a hornets nest

As for the funds, I am hoping to hear in the next 7-10 days and whilst I want to make them aware that it is a time limited offer, I don't want it to appear as a threat, so it's a fine line.

I am only paying a £1 a month and have been for over 3 years so I'm hoping this means they will be agreeable to my offers... *crosses fingers*

Thanks for the reply

happy_bunny_2

You probably want to complain to get the default added at a reasonable time. There are creditors who issue the default just as the account is settled, screwing you for 6 years further from that point.

Can take to FOS if they refuse.

BlueIsTheColour

Thanks HB, I was wondering about that, the default should have been registered over three years ago in my opinion, when I started paying £1 a month. As you say to record it once it was settled would be very unfair.

I don't know who to write to, am guessing just their customer service dept, I have had no communications at all from them, and I understand that is in contravention of FoS guidelines too, as I believe I should get a statement etc at least once a year from them.

However if I contact them, are they then going to realise I am still sitting there, when they seem to have forgotten, and then start their aggresive collection tactics?

happy_bunny_2

These are both useful:
http://www.ico.org.uk/~/media/documents/library/data_protection/detailed_specialist_guides/default_tgn_version_v3%20%20doc.ashx

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/OFT664Rev.pdf

Also depends on how much you need a good credit report in the next few years.

You still paying the £1 per month?

Even if you wake them, if they refuse the full and final you can just ignore them until they sell it on then settle with a DCA.

If it was me, I would want the default issue sorting or it could be with you for a very long time.

happy_bunny_2

For cards and loans taken out pre April 2007, worth going down the CCA route. As easier to negotiate if they don't have it or if its unenforceable.

BlueIsTheColour

Thanks for those links HB, I will have a read through.

Due to the dates of defaults etc, the earliest my credit report would be 'clean' is 2016, it would help me for it to be clean as I have other mortgage issues etc to sort, so you're right sorting the default situation is important.

I am still paying the £1 a month, I did consider stopping and seeing what happened, but then decided I wanted to be seen to be keeping my side of the bargain, so to speak. They were so aggressive when this all started and were adamant interest etc couldn't be stopped, that I had to get the FOS involved then. The FOS told them they had to stop interest for 6 months, they didn't do that, so I complained and since then I have heard absolutely nothing at all, they have stopped the interest/charges etc, so the only account activity is my £1 payment.

I need to dig out the paperwork for them as I believe I did CCA them, and they didn't have an enforceable one and sent some crappy letter back, which I was due to follow up and I can't recall if I did, as at the time (over 3 years ago) I suffered two close family bereavements and all this was put on the back burner. I know from checking my PMs here (from then) that I definitely got some comms from them as I wrote to them basically saying what they had wasn't enforceable, so I need to dig out the letters from that time.

I think once I know if I am getting the money, then I will write some kind of F&F letter. I could query the lack of default, quoting FOS guidelines etc, but then they may well apply one now, which I don't want, can defaults be backdated with CRA's???

Thanks so much for replying

happy_bunny_2

Defaults need to be correctly dated, the creditor is responsible or reporting that to the CRAs.

Complain to the original creditor, in writing, signed for. Explain why the date is wrong at what you believe is a factual date.

If ou cant find the CCA info, CCA them again. 14 days to reply. Again, send signed for. Can send with the omplaint above.

If you do find it, feel free to ask for advice on what they said.

I would personally stop paying, that way it will all be sorted sooner.

BlueIsTheColour

So if they default me now, in reality they should amend it to 2009 when it all first started as that is when it went to 6 months in areas, my credit file just shows more than 3 years worth of 6's and shows as late payment

The account is still held by the original creditor, which also surprises me, I'd have thought they'd have sold it off by now, all very strange. Gonna hunt the paperwork today.

I noticed when I checked noddle, they have reported me as not paying anything for the last 2 months and yet the balance has reduced by the £1 I am sending. The whole thing with this is very odd, I don't understand how come they haven't communicated with me at all, no statements, letters, nothing at all...

Thanks for replying