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Negotiating with my Creditors

2

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  • Yes. Probably didn’t explain myself well. Endless letters “forth” from Cabot and phone calls but not so much from me sent back! I just ignored them. Some quite off putting but essentially saying you need to pay for this even though there was no agreement in place. They’ve stopped coming for over 18 months now. 
  • sourcrates
    sourcrates Posts: 31,383 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    In addition I’d say also ask for proof of the debt. Have the current creditors got all of the required paperwork from the original creditors. You’d be surprised as to how many don’t. I’ve written off over £10000 of NatWest debt because the debt collection agency couldn’t find the original agreement. Takes a bit of doing and endless letters back and forth but worth it. Go to the “prove it” forum to see how to do it. 
    Original paperwork never changes hands, debts are bought and sold blind, they buy these portfolios of debt on the understanding no disputes have been made as to the enforceability of each account, but when you are talking a few 1000 separate accounts, some are bound to be erroneous.

    Enforceability is not tested unless, you, the debtor, asks for proof of liability, or makes an official request under sec 77/79 CCA. Only once that happens is the situation made clear.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • Rob5342
    Rob5342 Posts: 2,406 Forumite
    1,000 Posts Third Anniversary Name Dropper
    Yes. Probably didn’t explain myself well. Endless letters “forth” from Cabot and phone calls but not so much from me sent back! I just ignored them. Some quite off putting but essentially saying you need to pay for this even though there was no agreement in place. They’ve stopped coming for over 18 months now. 

    PRA were unable to supply the CCA for one of my debts and they have been phoning me every two days for the last 18 months (I've blocked the number but the messages still end up on my voicemail). They also write and email every two weeks but they are playing it as them being helpful - it's a new year so let's work together to clear this debt, we know things are difficult but here is a 20% discount we can only offer for a few weeks etc. I quite like the 100% discount I already have.
  • Rob5342 said:
    Yes. Probably didn’t explain myself well. Endless letters “forth” from Cabot and phone calls but not so much from me sent back! I just ignored them. Some quite off putting but essentially saying you need to pay for this even though there was no agreement in place. They’ve stopped coming for over 18 months now. 

    PRA were unable to supply the CCA for one of my debts and they have been phoning me every two days for the last 18 months (I've blocked the number but the messages still end up on my voicemail). They also write and email every two weeks but they are playing it as them being helpful - it's a new year so let's work together to clear this debt, we know things are difficult but here is a 20% discount we can only offer for a few weeks etc. I quite like the 100% discount I already have.
    with only days to go until my pra debt becomes statute barred I've suddenly got an offer of 40% discount.. think ill hold out for my 100% discount.
  • Rob5342
    Rob5342 Posts: 2,406 Forumite
    1,000 Posts Third Anniversary Name Dropper
    Rob5342 said:
    Yes. Probably didn’t explain myself well. Endless letters “forth” from Cabot and phone calls but not so much from me sent back! I just ignored them. Some quite off putting but essentially saying you need to pay for this even though there was no agreement in place. They’ve stopped coming for over 18 months now. 

    PRA were unable to supply the CCA for one of my debts and they have been phoning me every two days for the last 18 months (I've blocked the number but the messages still end up on my voicemail). They also write and email every two weeks but they are playing it as them being helpful - it's a new year so let's work together to clear this debt, we know things are difficult but here is a 20% discount we can only offer for a few weeks etc. I quite like the 100% discount I already have.
    with only days to go until my pra debt becomes statute barred I've suddenly got an offer of 40% discount.. think ill hold out for my 100% discount.

    They are persistent aren't they, trying their luck even at the very end. I suppose it must work on some people.
  • You can see why it does. Cabot seemed endless in their efforts. The letters changed from “being helpful” to “urgent! Sort this debt now!”. They don’t contact me anymore 😁
  • Rob5342 said:
    Rob5342 said:
    Yes. Probably didn’t explain myself well. Endless letters “forth” from Cabot and phone calls but not so much from me sent back! I just ignored them. Some quite off putting but essentially saying you need to pay for this even though there was no agreement in place. They’ve stopped coming for over 18 months now. 

    PRA were unable to supply the CCA for one of my debts and they have been phoning me every two days for the last 18 months (I've blocked the number but the messages still end up on my voicemail). They also write and email every two weeks but they are playing it as them being helpful - it's a new year so let's work together to clear this debt, we know things are difficult but here is a 20% discount we can only offer for a few weeks etc. I quite like the 100% discount I already have.
    with only days to go until my pra debt becomes statute barred I've suddenly got an offer of 40% discount.. think ill hold out for my 100% discount.

    They are persistent aren't they, trying their luck even at the very end. I suppose it must work on some people.
    Im actually surprised how Un-persistent they are. They auto dial me daily from the same number, which is blocked so the only way i know is when i look at my phone log. You'd think they would try ringing from a different number? I thijnk i will wait until new year and unblock their calls and answer and tell them to *!£$*& off. and then send my phone log to the FCA and make a claim for harassment.
  • sourcrates
    sourcrates Posts: 31,383 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    Rob5342 said:
    Rob5342 said:
    Yes. Probably didn’t explain myself well. Endless letters “forth” from Cabot and phone calls but not so much from me sent back! I just ignored them. Some quite off putting but essentially saying you need to pay for this even though there was no agreement in place. They’ve stopped coming for over 18 months now. 

    PRA were unable to supply the CCA for one of my debts and they have been phoning me every two days for the last 18 months (I've blocked the number but the messages still end up on my voicemail). They also write and email every two weeks but they are playing it as them being helpful - it's a new year so let's work together to clear this debt, we know things are difficult but here is a 20% discount we can only offer for a few weeks etc. I quite like the 100% discount I already have.
    with only days to go until my pra debt becomes statute barred I've suddenly got an offer of 40% discount.. think ill hold out for my 100% discount.

    They are persistent aren't they, trying their luck even at the very end. I suppose it must work on some people.
    Im actually surprised how Un-persistent they are. They auto dial me daily from the same number, which is blocked so the only way i know is when i look at my phone log. You'd think they would try ringing from a different number? I thijnk i will wait until new year and unblock their calls and answer and tell them to *!£$*& off. and then send my phone log to the FCA and make a claim for harassment.
    Its all computer generated these days, the autodialler will be set to call you periodically, just to annoy you.

    Remember the FCA are the regulator, the FOS are the complaints division, and as the pre action protocol allows for a 30 day response time, I would say they are now out of time to collect on this account of yours.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • sourcrates said:Its all computer generated these days, the autodialler will be set to call you periodically, just to annoy you.

    Remember the FCA are the regulator, the FOS are the complaints division, and as the pre action protocol allows for a 30 day response time, I would say they are now out of time to collect on this account of yours.
    i thought that as long as they start legal action (including pre claim protocol) then it couldnt be statute barred?
  • fatbelly
    fatbelly Posts: 22,845 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Cashback Cashier
    The clock only stops ticking with the issuing of a claim. They could do this immedia tely but would be in breach of the pre-action protocol for debt claims, which requires them first to i ssue a specified letter and reply form, and allow 30 days for its return
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