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Hello and a little help please for loan debt

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Hello and a little help please for loan debt

Post by homerishome on Tue Jan 02, 2018 2:23 pm

Hi
I was a member on the old forum (different user name), glad I have found you again.
So I (we) have a bank debt of around £13k, loan took out in 2012, defaulted in 2015. It got passed around DCA (westcot then moorcroft) acting on behalf of the bank. We just ignored the letters and phone calls (still got all the letters filed in date order etc). Then in July 2017 it got sold to Cabot (letter from bank saying it has assigned all of it's rights etc over to Cabot), Cabot seem a little more persistent than the others and have sent a few letters (and a have rang loads), the last letter has threatened potential legal action. So I think now is the time to deal with them.
So I have got the new 3 letter process and have a few questions:

The loan was under both our names (not married at the time), so do we both need to send the 3 letter process? Everytime they send a letter we have one in each of our names (same date etc).

On the 1st letter it references that 'On three (3) occasions I have requested from (OC)' which I didn't, do I just delete?

On letter 3 it says 'Documentation has now been requested nine (9) times to prove this claim.' I am confused at this as is it not 3 times?

On the top of letter 1 , I presume the '[b]NOTICE-IN WRITING[b]' b's just mean make it bold?

When it's Cc'd to the collection dept, do you actually send another copy to them?

Any other pointers would be good. Many thanks

homerishome
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Re: Hello and a little help please for loan debt

Post by daveiron on Wed Jan 03, 2018 9:25 am

Hi & welcome,

I think it would probably be best ,if they are sending you both separate letters ,that you both respond with separate letters . As they are doing this it will mean they will try to claim against you individually .

Regarding the amount of occasions requesting docs, this is assuming that you started the process from the beginning starting with the original creditor.
just insert the number of times you have requested the docs from anywhere,so if you have never requested before just delete that one.

As above the 9 times relates to the amount from the start of the process.

Head them all NOTICE-IN-WRITING ( I dont use bold anymore or deviate from standard text ,as you start getting in the realms of Glossa. When you use all caps as above always put a hyphen between the words.

Just send to CEO & cc .collections ,thats all you need.

daveiron
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Re: Hello and a little help please for loan debt

Post by homerishome on Wed Jan 03, 2018 11:07 am

Hi Daveiron

Many thanks for the clarification.


homerishome
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Re: Hello and a little help please for loan debt

Post by homerishome on Wed Jan 03, 2018 12:50 pm

What's people opinions that this loan is over £10k and taken out after 2007?
I have been going through lots of threads on here (and the old site) and am I correct in thinking that if this did go to court we've not really got a good chance of winning? As in they will just reconstitute any agreement and the judge would accept etc?
The court process also seems to be a different one too i.e. more expensive? If we lost would we have to pay their solicitors fees?
Has anyone won for over £10k at court? or did you settle before hand and if so did they do a deal?
I just don't want to drag this out and then end having to pay anyway.
Any input would be greatly received.
Thanks

homerishome
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Re: Hello and a little help please for loan debt

Post by waylander62 on Wed Jan 03, 2018 7:51 pm

if this is for over £10k, then if it goes to court you will be liable to pay their costs if you lose.

there are so many questions and answers here, yes they can try and produce a recon. agreement but depending on what they produce you would put forward an argument, there are many more documents they would also need to provide.

much much more info. is needed to properly advise.

waylander62
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Re: Hello and a little help please for loan debt

Post by homerishome on Thu Jan 11, 2018 8:26 am

Thanks for your reply Waylander62

Yes I appreciate your comments and suppose there's loads of variables, I will send letter one to get the ball rolling and see what happens.
I know I asked this above, but the loan was in joint names and it was suggested that both of us send the letters, has anyone just put both their names on one letter (different surnames). I just want make sure we get the first one correct.
Thanks

homerishome
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Re: Hello and a little help please for loan debt

Post by daveiron on Thu Jan 11, 2018 9:32 am

Hi, Just belt & braces really, At the end of the day they will go after which ever one of you they think they will have success against.

Suppose you and your partner split up (believe me these things can come out of the blue) one of you may have all the documents and the other may end up with none .
Personally for the sake of an extra £ 1.74 per notice I would always do it individually .

daveiron
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