Difference between revisions of "Creditors and DCAs"
(→Letter B - Ask your creditors to accept pro rata offers of payment on your debts) |
|||
(4 intermediate revisions by 2 users not shown) | |||
Line 57: | Line 57: | ||
|----- | |----- | ||
| | | | ||
− | + | W F Calder/K Henderson | |
− | + | 32 Finlay Place | |
− | + | Mayfield | |
− | + | Dalkeith | |
− | + | Midlothian | |
+ | Eh22 5nf | ||
+ | to | ||
− | + | ||
− | + | SDT Edinburgh office | |
+ | 14 +15 Bilston Glen | ||
+ | Enrerprise Centre | ||
+ | Midlothian | ||
− | + | 5th Oct 2011 | |
− | |||
− | |||
− | |||
− | |||
Dear Sir/Madam | Dear Sir/Madam | ||
− | Re: Account/Reference Number | + | Re: Account/Reference Number C645842/C 845644 |
Since making that above agreement with you, our circumstances have changed. | Since making that above agreement with you, our circumstances have changed. | ||
− | We cannot now afford to agreed monthly payments because | + | We cannot now afford to agreed monthly payments because of loss of benefits/change of circumstances |
− | We enclose a Personal Budget sheet which shows our total income from all sources, and our outgoings. As you can see we have only | + | We enclose a Personal Budget sheet which shows our total income from all sources, and our outgoings. As you can see we have only £14 per month left for our creditors. The offers we have made to our creditors have worked out on a pro−rata basis, and we have written to all our creditors asking them to accept reduced payments. |
− | In view of our circumstances, please would you agree to accept a reduced offer of | + | In view of our circumstances, please would you agree to accept a reduced offer of £40per month. If interest or other charges are being added to the account we would be grateful if you would freeze these so that all payments made will reduce what I owe you. |
Should our circumstances improve we will contact you again. | Should our circumstances improve we will contact you again. | ||
Line 93: | Line 94: | ||
Yours faithfully | Yours faithfully | ||
− | + | w f calder/k henderson | |
|} | |} | ||
− | |||
== Letter C - Ask your creditors to accept a token payment or no payment on your debts == | == Letter C - Ask your creditors to accept a token payment or no payment on your debts == | ||
Line 530: | Line 530: | ||
</div></blockquote> | </div></blockquote> | ||
|} | |} | ||
+ | |||
+ | == Letter M - Dispute your liability for a debt where a creditor has not contacted you for over six years == | ||
+ | |||
+ | {| border="0" cellpadding="10" cellspacing="0" align="center" width="90%" style="background-color: #EEEEEE;" | ||
+ | |----- | ||
+ | | | ||
+ | <blockquote><div style= "font-size:87%;"><font color = #EEEEEE> — </font> | ||
+ | <span style="color:red">[Your Address] | ||
+ | |||
+ | |||
+ | June 28, 2006 | ||
+ | The Loan Company | ||
+ | Company House, | ||
+ | Church Street, | ||
+ | |||
+ | Newtown, | ||
+ | |||
+ | Kent, | ||
+ | |||
+ | R1 7HG</SPAN> | ||
Dear Sir/Madam | Dear Sir/Madam | ||
− | Re: Account/Reference Number | + | Re: Account/Reference Number <span style="color:red">4563210025897412 </SPAN> |
− | You have contacted | + | You have contacted us regarding the account with the above reference number, which you claim is owed by ourselves. |
− | + | We would point out that under the Limitation Act 1980 Section 5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.” | |
− | + | We would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that “it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period”. | |
− | The last payment of this alleged debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from | + | The last payment of this alleged debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from us in the relevant period under Section 5 of the Limitation Act, we suggest that you are no longer able to take any court action against us to recover the alleged amount claimed. |
The OFT Debt Collection Guidance states further that “continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970”. | The OFT Debt Collection Guidance states further that “continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970”. | ||
− | + | We await your written confirmation that this matter is now closed and that no further contact will be made concerning the above account after that last letter. | |
− | + | We look forward to your reply. | |
Yours faithfully | Yours faithfully | ||
− | + | </div></blockquote> | |
+ | |} | ||
Latest revision as of 20:02, 1 October 2011
Contents
- 1 Template letters to creditors and DCA's
- 2 Letter A - Ask your creditors to hold action on your account
- 3 Letter B - Ask your creditors to accept pro rata offers of payment on your debts
- 4 Letter C - Ask your creditors to accept a token payment or no payment on your debts
- 5 Letter D - When a creditor refuses your offer of payment
- 6 Letter E - When a creditor refuses to freeze interest on your account
- 7 Letter F - When a creditor has turned down an offer of payment, interest is still being added, and you want the creditor to take you to court.
- 8 Letter G - When creditors have turned down an offer of payment, interest is still being added but you don’t want to go to court
- 9 Letter H - When a creditor asks you to agree to a voluntary charge against your home
- 10 Letter I - Request for a stay of execution in the High Court
- 11 Letter J - Full and final settlement for any debt
- 12 Letter K - Ask creditors to write off the debt due to your circumstances
- 13 Letter L - Ask your creditors to reconsider if they refuse to write off the debt
- 14 Letter M - Dispute your liability for a debt where a creditor has not contacted you for over six years
- 15 Letter N - Ask your creditor for a copy of your credit agreement under the Consumer Credit Act 1974
- 16 Letter O - Mortgage shortfalls: Breakdown of balance owed
- 17 Letter P - Mortgage shortfalls: Please write off the debt
- 18 Letter Q - Mortgage shortfalls: Full and final settlement letter
- 19 Letter R - Mortgage shortfalls: Lender should not pursue under CML policy
- 20 Letter S - Inform your creditor that you are terminating your hire purchase/condition
- 21 Letter T - Failure by Creditor/DCA to Supply Agreement
Template letters to creditors and DCA's
Creditors and DCAs - Letter Templates & Budget Planner
Some of these letters refer to a budget planner. Here is a simple budget planner which you can fill in to work out how much you can afford to offer your creditors, and you can print this and send with the relevant letter:
Budget PlannerThere are both Excel and On-line versions
The letters are as follows:
Letter A - Ask your creditors to hold action on your account
|
Letter B - Ask your creditors to accept pro rata offers of payment on your debts
W F Calder/K Henderson 32 Finlay Place Mayfield Dalkeith Midlothian Eh22 5nf to
SDT Edinburgh office 14 +15 Bilston Glen Enrerprise Centre Midlothian 5th Oct 2011
Dear Sir/Madam Re: Account/Reference Number C645842/C 845644 Since making that above agreement with you, our circumstances have changed. We cannot now afford to agreed monthly payments because of loss of benefits/change of circumstances We enclose a Personal Budget sheet which shows our total income from all sources, and our outgoings. As you can see we have only £14 per month left for our creditors. The offers we have made to our creditors have worked out on a pro−rata basis, and we have written to all our creditors asking them to accept reduced payments. In view of our circumstances, please would you agree to accept a reduced offer of £40per month. If interest or other charges are being added to the account we would be grateful if you would freeze these so that all payments made will reduce what I owe you. Should our circumstances improve we will contact you again. We would be grateful if you would send a paying−in book to make it easier to pay you. Thank you for your assistance. We look forward to hearing from you as soon as possible. Yours faithfully w f calder/k henderson |
Letter C - Ask your creditors to accept a token payment or no payment on your debts
|
Letter D - When a creditor refuses your offer of payment
|
Letter E - When a creditor refuses to freeze interest on your account
|
Letter F - When a creditor has turned down an offer of payment, interest is still being added, and you want the creditor to take you to court.
|
Letter G - When creditors have turned down an offer of payment, interest is still being added but you don’t want to go to court
|
Letter H - When a creditor asks you to agree to a voluntary charge against your home
|
Letter I - Request for a stay of execution in the High Court
|
Letter J - Full and final settlement for any debt
|
Mrs L Y Rutherford
Letter K - Ask creditors to write off the debt due to your circumstances
|
Letter L - Ask your creditors to reconsider if they refuse to write off the debt
|
Letter M - Dispute your liability for a debt where a creditor has not contacted you for over six years
|
Letter N - Ask your creditor for a copy of your credit agreement under the Consumer Credit Act 1974
|
Letter O - Mortgage shortfalls: Breakdown of balance owed
|
Letter P - Mortgage shortfalls: Please write off the debt
|
Letter Q - Mortgage shortfalls: Full and final settlement letter
|
Letter R - Mortgage shortfalls: Lender should not pursue under CML policy
|
Letter S - Inform your creditor that you are terminating your hire purchase/condition
|
Letter T - Failure by Creditor/DCA to Supply Agreement
|