Partial settlement/benefits advice

sourcrates

It may be worth sending a CCA request in to the lender.

If nothing else, it will give your relative a few weeks grace whilst it's been actioned, a little thinking time.

Options here are limited, if HMRC come up with a lump sum for them, you could try that as a full and final settlement.

My assumption is your relative no longer works ? Is that correct ? What income do they have ?

Brodiebobs

Thanks again.

No longer works, recieces a private pension but it's only £90pm, when the pension is resolved assume maybe entitled to pension credit, I've been told by the pensions service it's all done with the same application form.

Has custody of a child so also gets child benefit may also get tax credit but they said they won't make a decision until the pension is resolved.

What is a CCA request?

sourcrates

Brodiebobs wrote: »

Thanks again.

What is a CCA request?

It's a request for a copy of your original credit agreement.

Under sec 77/79 consumer credit act, as long as a balance remains on the account, you can request a copy of your agreement, failure to produce correct paperwork can make a debt unenforcable in court.

Applies to secured, as well as unsecured debts.

They can't take action through the courts until they have complied, so I thought at the very least, it will buy you some time, usually takes a month or so to get a reply.

Info and template letter here :

https://www.nationaldebtline.org/EW/sampleletters/Pages/Information-about-your-agreement-under-the-Consumer-Credit-Act-%28sole-name%29.aspx

You must send the fee of £1 to make it official.

Brodiebobs

i think they have already sent this, well when i first got in touch they forwarded aload of paperwork, i think its a schedule of payments made and fee's added, but i can double check when im home.
I did query whether we could have a copy of the original application as i'd like to see what was on there if i sent the template letter would it cover the application?

sourcrates

Brodiebobs wrote: »

i think they have already sent this, well when i first got in touch they forwarded aload of paperwork, i think its a schedule of payments made and fee's added, but i can double check when im home.
I did query whether we could have a copy of the original application as i'd like to see what was on there if i sent the template letter would it cover the application?

Yes, the credit agreement that you were originally supplied with, but you have to make a correct request using this template letter, and enclose the £1 payment.

With a secured debt they should, be able to comply, but you never know !!!

fatbelly

I think it's a good idea to have someone look at the original agreement as if there's a defect in it that's a game changer (that's why I said earlier 'if their paperwork is in order'). We run it past a firm of solicitors if unsure. Try googling 'unenforceable loan solicitors' - some good ones come up.

Having said that, most of the dodgy lenders had sorted things out by 2004.

I'm not sure how a CCA request and a s78CCA defence would play at the moment - remember court action has commenced, the original agreement would have been part of the bundle of papers at the hearing that all parties could see, and the judge has adjourned to allow time to sort out payment.

Brodiebobs

I don't think court action has commenced, they keep threatening they will commence it.


The more I think about it the more I think they might be hiding something, I did intitally ask for the original loan docs, but what they have sent is just a schedule of payments and fee's.


The company we are dealing with is not the one who the loan was taken out with, they 'bought out' the original company.


I have sent a CCA request, if anything it would be interesting to see how the loan was applied for, and may also answer some questions about the PPI.

sourcrates

Brodiebobs wrote: »

I don't think court action has commenced, they keep threatening they will commence it.


The more I think about it the more I think they might be hiding something, I did intitally ask for the original loan docs, but what they have sent is just a schedule of payments and fee's.


The company we are dealing with is not the one who the loan was taken out with, they 'bought out' the original company.


I have sent a CCA request, if anything it would be interesting to see how the loan was applied for, and may also answer some questions about the PPI.

Let us know how they respond.

Brodiebobs

Thanks again for all your help.

fatbelly

Yes, this is sounding odd now (I think there's another thread like this knocking around) - definitely get a copy of the original agreement (CCA request WOULD work OK) and get someone who knows their stuff to look at it.