Advice wanted on what to pay off first

Rob5342

OK noted, though I am pretty bad at haggling. Best I could probably do is just be stubborn and keep offering the same amount over and over and hope they take it.

Something a friend has suggested is the argument "Well you can accept a full and final of £xxx or I'll have to set up a payment plan with you for £1 a month, which means you'll get less than £xxx before I die", I doubt I would word it exactly like that, but I liked the sentiment of his suggestion.

That's the sort of approach you need to take. You could also say you only have £x.xx available and use the standard estate agent lie of saying you have another creditor who might take it. I'm sure they've heard it all before but you'll both be playing a game of bluff. 

sourcrates

agfoster1984 said:

I have been re-reading the "provit letter" thread again, can I just double check that is definitely the template I should be sending?

I only ask, because it states "Letter when you know nothing about the debt"...but I do know about this debt, I know I owe this debt. So do I want to send a "provit letter" or the later mentioned CCA request?

A CCA request seems more appropriate in my case, since I do know about the debt but just want to know if they can enforce it, except I also note in that thread that it says CCA requests tend to exact an adversarial response from the creditor. Which isn't something I want to do if I might then need to enter F&F negotiations with them.

The distinction between the 2 types of requests and their uses has confused me a bit, sorry.

Go with the CCA advice from fatbelly.

The provit letter is not a part of the consumer credit act, a CCA request is.
The provit letter is mainly used for debts you were/are unaware of.

Section 77-79 consumer credit act gives you the statutory right to ask for a copy of your running credit agreement at any time, so long as a balance remains to be paid.

Section 77 covers most types of loans, section 78 covers credit card agreements, and section 79 hire purchase agreements.

The creditor has a statutory duty to comply with such a request, and therefore there reaction to it has no bearing on the outcome whatsoever.

Failure to comply with a request under the above sections of the act renders the account unenforceable in court until such time they can and do comply, however long that may be.

Debts are bought and sold on a regular basis and so the creditor you make the request too, may not be the same one you eventually settle with anyway, but regardless of that, you will not be treated any differently for exercising your rights..

Sly72

Currently my account with PRA is unenforceable, as Barclays cannot provide the CCA from 2011, they sent letters which gives the impression i should make payments but further down it states its is unenforceable. To date i have not made contact with them at all.

Rob5342

Sly72 said:

Currently my account with PRA is unenforceable, as Barclays cannot provide the CCA from 2011, they sent letters which gives the impression i should make payments but further down it states its is unenforceable. To date i have not made contact with them at all.

Thats pretty typical. The debt still.exists and they can ask you to pay it, but they can't take any legal action. They word the letters very carefully to try and pursuade you into paying. They have to tell you it's unenforceable but they try and obscure that from you hoping you won't notice. I had a letter that talks about how they are there to help me.and has big text telling me about a discount.they can offer, and then hidden away in small text in the contact us section they say it is unenforceable. I am not falling for their tricks and have completely ignored them.