Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
I had a very large amount on two credit cards which I could not pay. I didn't know what to do so I went to my mortgage company and they agreed for me to take out a further loan against my house. This has helped a bit but still I find it hard to make my monthly payments. I have been reading the threads on here and I don't really understand what we can gain from asking for a copy of the CCA. These cards must be 10 years old. If you are successful against the bank because the CCA is not valid do they clear the whole debt on the card or just the charges? Where would I stand because I paid the debt off? I had to pay it off with a secured loan.
thanks
Halifax Data Protection Act requested 5/4/06 Prelim letter sent 5/5/06 for £2299.00 £219.00 offer 20/5/06 LBA sent 22/5/06 Moneyclaim filed 5/6/06 Settled in full
Barclays prelim letter sent 5/5/06 for £150 LBA sent 22/5/06 Moneyclaim filed 5/6/06 Settled in full
Barclaycard 1 prelim letter sent 5/5/06 for £100 LBA sent 22/5/06 £50 rec'd back Last request for remainder 5/6/06 Settled in full
Barclaycard 2 prelim letter sent 5/5/06 for £160 LBA sent 22/5/06 Last ditch attempt letter sent 5/6/06 Settled in full
If there are a large amount of charges on both cards, claim them back, thus reducing the debt.
Regarding asking for your CCA......
A debt becomes unenforceable under the CCA if a creditor does not supply a true copy of the signed credit agreement within 12 working days of it being requested.
The debt remains unenforceable for as long as the creditor fails to produce the signed credit agreement – this means if they produce the agreement some months down the line, they are quite within their rights to enforce it. They do not need to take any further action to enforce the debt. A debtor cannot take any action against the creditor for failing to produce the signed credit agreement within the prescribed time, because that is up to the agencies that the offence has been reported to. Any sanctions that may be imposed are at the discretion of these agencies, and it is not a matter that the debtor can take to the civil court.
If they cannot come up with an enforceable CCA, they can't take you to court to enforce it.
Regards.
Scott.
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If the 2 cards have been settled in full, there is nothing to be gained by sending BC a SAR request.
But you can, as Maroon has stated, reclaim all penalty charges on the a/c's from the last 6 years. If you have all the statements for both a/c's, start to fill in a site spreadsheet to quantify the charges.
If you don't have all the state's, you need to send a SAR with the £10 fee, quoting both a/c numbers.
Read the Reclaiming Guide in Link No1 in my signature below.
If you need to ask questions about both a/c's, use ths thread for a/c 1 and start a new one for a/c 2, so they don't get confused.
Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.
Advice needed please
company and they agreed for me to take out a further loan against my house. This has helped a bit but still I find it hard to make my monthly payments. I have been reading the threads on here and I don't really understand what we can gain from asking for a copy of the CCA. These cards must be 10 years old. If you are successful against the bank because the CCA is not valid do they clear the whole debt on the card or just the charges? Where would I stand because I paid the debt off? I had to pay it off with a secured loan.
Settled in full
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