Hiya All, Wondered if anyone could point me in the right direction on what next steps to take. About 4 years ago my dads debts came to light we worked through all the initial problems managed a few full and final settlements and agreed payment plans with all the other creditors bar one Barlclaycard (we think this one in unenforceable). We have been paying monthly amounts with these since then. We could not have a debt man plan as National Debt helpline said we did not have enough disposable income. My Dad is approaching retirement in the next couple of years and dont want this going on forever. so I recently wrote to all the creditors working out if we continued to pay the same amount for the next 4 years how much percentage of the debt this would be and if they could accept this as final agreement on the account. Not suprising no-one has accepted however they have agreed to the monthly payments had some trouble with lloyds as started adding intrest again but have written to them tonight. So basically cutting a long story short what are my options now only when my dad retires the mortgage will just be paid off but all he will have is pension income so can they come after the house? Any help pointers would be really appreciated. Thanks in advance:)

Hello, Wondering if someone can help me, we had an account in dispute with moorcroft about 18 months ago. We had this reply after a few months fro Barclaycard: Your account was opened in 1970. The CCA 1974 regulates only credit agreements for running credit entered into on or after 01/04/77. Agreements entered into before this date remains unregulated under the act, irrespective of any subsequent variations to the terms. Section 78 of the act which requires the creditor to provide a copy of the executed agreement at the debtors written request upon payment of £1 applies only to "regulated agreement". As your agreement dates from 1970 it is not a regulated agreement for the purposes of the consumer credit act 1974. therefore, the right to obtain a copy agreement under section 78 does not apply to your credit agreement. However nothwithstanding the above, if you require a copy of the Barclaycard Terms & conditions applicable to at a particular time prior to termination of your account, do let me know and I would be pleased to provide a copy. We have now received a letter from Cabot financial asking us to contact them regarding repayment. Is this an account we can negotiate on? Any advise would be really appreciated Thanks

Thanks cerberusalet I will adapt and sent tomorrow. Had dealings with Mercers/Barcalys before so that made me a bit wary at first. Thanks again, will be interesting to see what I get back

Hey all, Quick bit of advice needed. My sister and I are trying to help my Father deal with his debts, there are many of them and we are now down to our last 5 or 6. We received a letter today (with my dad's name spelt wrong) from Calder Financial, its one of those cards that I says we tried to call you without sucess we will call on the 05/10/09, between 8am and 9pm. Now we have recieved these before but it always scares my mom. We're not really sure what debt this is as this is the first contact we have had - no account number or what they think we owe. I have an idea what this might be but from recollection we set a CCA and they could onot prove anything - i believe that was with Moorcroft. Any help on what letter I could send them to decrease my Mother's worry - especailly as the rest of us will be on holiday at the time they will be caling. And just seen on the bottom Mercers Debt collections Ltd. Any suggestions please. Thanks in advance for your help pink xx

Hello, I am a bit stuck with what to do next about some of my dads debts. He has several Credit Cards and loans I am paying agreed monthly amounts on and have been for about two years. Two of the Credit Cards were being dealt with by Mercers then Morcroft who one day sent a letter saying they are no longer dealing with it and we have heard nothing for six months even though we were paying a regular monthly amount is there anyway to see who has the debt now? What I mainly wanted some help with was that my Dads circumstances are never going to change he retires in less than 5 years I was thinking of writing to the creditors and asking them if they would continue to accept the monthly amount for that period and accept it as final settlement. After working the figures out on the amount he is paying i would mean he would have paid about 20% of each debt. Is this a viable option or is there no point suggesting, I cannot do full and final with these as the cash is only available each month I do not have a sum stored for his. Any advise would be apreciated. Thanks

Thank you I will give them a call this week see what they think. Thanks again.

Hello, What it is my Dad signed the agreement in 1970 therefore as the credit act was 1974 it is not covered by those conditions. The letters we received about the barclaycards are on another thread if you wanted to look see what you think? I think I have pasted the link below His other cards have provided the correct docs and have been quite good touch wood about payment it is barclaycard we have had the trouble with, and the loan company are starting a fight so it is getting pressurised again http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/122081-story-so-far-more.html We would really like to find a end solution as due to the amount of debt he has got they wont accept these payments forever. thanks so much for any advice you can give us

Hiya, Yes the majority of the cards and the loan is enforceable, one of his credit cards is before the act so we have to go with that one. I have statements for one of his cards with lots of charges on but dont know where to start with that do I just add up the charges? I have been looking again today and an IVA is not a option I dont think not enough disposable income, we are paying through our own agreements but tried to do it through national debtline as they are struggling a bit with the payments we are making. But they say there is not enough disposable income for that!!! I was considering writing to them all and asking what they would accept as full and final and then looking into raising the cash then at least we will just have mortgage and one loan then when it is paid it is all over but dont know if that will work due to how high the debts are. I am really lost but need to sart looking at again I was sorting things and manged to get rid of a few but as I dont live with them and other things happen this took a back burner as they all went quiet when we paid agreed amounts but know the loan has issued a default notice even though they gave us until 23/05 to go back for a new agreement so I have written to them reagrding this. Sorry if this goes on a bit what do you think?

Hi, I have just been reading through this area and wondered if anyone could give any advice. To cut a long story short my dad got himself into a mess with CC and a loan I manged to get some to accept full and final and i have eventually got most most of them to agree a repayment plan. Trouble is my dad is 60 next year and his paying his mortgage til he is 65. He is paying the mortgage fine and we are paying CCs and loan the agreed amounts, but being realistic we are never going to pay all the debt back in 6 years at the amount we are paying. He owes around £50 000 I just wondered what my real options are, my mom is devestated at the thought of losing their house (we didnt know about these debts till 18months ago) the problem is there is equitity in the house. I was wondering if they would agree to an acceptable amount to pay back without going through any insolvancy, but I suppose then they can change their minds at the end Can anyone help I would really appreciate it Thanks

What would you suggest we send them - as a response? I believe the litigation letter has a date where we need to reply. The 20th. This letter is for the Visa I believe - I was thinking of trying to set up a repayment plan - or it worth looking at weather they have the right to harass us over the debt? What is your advice please. Thanks Curlyben you are very helpful. Also would I send a letter stating that the MAstercard is unenforcable due to it being an application? Thanks - very grateful

This also came with this other letter plus these terms and conditions. Again your opinions on these would be greatful as a letter has to reach them by 20th. Thanks thanks again

OK I hope that this worrks and I have done this correctly. I really need your help now as they want an answer by 20th. Please, please give me your views on these:(

Hello, Had another letter from Moorcroft this morning. The Pre-Court Devision. With a nice red box that says NOTICE OF INTENDED LITIGATION> Then this follows. To prevent the above ation send payment in full before 20/03/08 or Tel 0161 475 2822 If you do not respond to this letter we will assume you are purposely avoidding repayment of this debt and will take the necessary steps to secure settlement whih may include issusing legal action against you. PLease note if legal actin is necessary you deby will incresae as follows; Balance. £9550.65 Solicitors Costs for Issue of Claims Form £100.00 Court Fees £240.0 Solicitors costs for entering Judgement £35.00 Total Debt £9925.65 I imagine this is a standard letter when they do not get a reply. Would it best for me to scan and put what we received in terms of apllication form or credit agreement just so one of you can check for me? I would be very thankful for advise on this. I shall scan the in this evening. Thanks in advance.

Sorry, I dont get it. Where do we stand if they have produced the credit agreement for the other account I will have to offer something on that wont i? With the one going to 1970 they are saying the act didnt come in until after that date therefore we are not covered by it. I really dont know where I stand can anyone advise? Thanks

Hi Curlyben, Sorry for not replying sooner my Mom had hidden the info away and I wanted to check it before I replied. the info they have sent though is: Mastercard - A photocopy of a credit agreement signed by my dad and someone else dated 1990. So they have provided that one. The other one is a barclaycard application from when my dad was living with his mom and dad! dated 1970. I think we are stuck now. Do you think that moorcroft will accept reduced offer how should I play this. Thanks:(