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.
send them this with £10 they will provide all your details including a copy
of your credit agreement post it up on the forum to see if its enforceable, if it is you can then use your statements to claim any illegal charges.
If none of that appeals you can write to them explaining your circumstances and arrange more manageable payments.
Hello there, welcome to the forum. I have written a guide on how to get out of debt, it gives some options on how you can deal with the creditor, do take a look and if you have any questions give us a shout!
Yes theres no indication here as to what the balance consists of-or how it got to 8k. CAG does not advocate debt avoidance so it is premature to think that a CCA request is the be and end all to clearing arrears.
There has been lots of guidance by the FSA and OFT in recent months to help consumers facing financial difficulties.
There is also some guidance in the banking codes too.
We really need more information to give specific guidance but sequenci has pointed you in a good direction to begin.
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I`m in negotiation with Natwest re my credit card. We cannot agree on a monthly amount for me to repay. At what stage do I request SAR. Do I wait till I`m threatened with court?
You would be better requesting it as early as possible because they have 40 days to produce it. Besides, if you have paid any unfair charges it will show this and you will be able to reclaim them and reduce the balance owed. Then of course there is the little matter of the CCA which will also be included, if they cannot produce an enforceable one they cannot take any enforcement on the debt anyway. http://www.consumerforums.com/resour...est-debt-a-dca
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Sorry to sound dim, but is the SAR requesting a copy of my original signed credit agreement? (I don`t know how true, but I heard if they can`t supply original, then they can`t make you repay debt). I signed mine in 1980.
A SAR is for all the information they hold on you which includes copies of statements, agreements, letters etc for all the a/cs you hold with them.
Yes if they cannot supply a CCA or it's unenforceable you can cease payment.
Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.
33 days after requesting CCA, I have today received 6 years transactions on credit card, all correspondence, BUT they state "we were unable to obtain a copy of the original application form". They only sent 6 years because I didn`t use it for a while, so they can`t go back the 29 years I`ve had the card. Suggestions please
There seems to be some debate over this 6 year business. At first it was assumed that they only had to provide 6 years of statements but hiding in the sticky section someone (i belive bank fodder) has given a very good arguement for demanding them further back.
This is only really useful if there are charges (all arguable as unlawful, even though they will claim that £12 is perfectly justified) or dodgy PPI/credit card repayment protection. This was applied to many accounts by different banks with some very dubious selling tactics so could be claimed back.
Natwest can be a nightmare to deal with so good luck and I'm sure you will get loads of advice and support here.
If you don't have an arrears or charges or such like the Citizens advice Bureau might be heplful in negotiating more reasonable payments.
If you do want to more agressive sending a CCA request for a credit agreement would be handy- the chances of a 30 year old agreement just sitting in the archieves would be slim so they would have no right to collect the debt unless they have the original (not a copy on microfiche or computer)
Natwest Credit Card- £850- WON!!!
Natwest Current Account- £380 (in 1 month!)- On Hold
Mint- £250- WON!!!
Egg- Still waiting on list of charges
CAP1- Still waiting on list of charges
HSBC current account- On hold
IF- waiting...
Barclaycard- £124 WON!!!
And now, using what I've learnt from you wonderful people, to CCA the lot of them! (well credit cards at least)
I requested a copy of origional CCA, They replied we are unable to obtain a copy of the original application form. Does this mean the same as we aint got the CCA? If it does, does that mean I don`t have to keep paying them?
They shouldn't even be looking for the application form. What I believe they need to send is the actual credit agreement, signed and dated by yourself and them containing very specific information. I'm not sure what the crack is with older agreements but as the Credit act is 1974 I assume it applies.
It gets a bit awkward if they do not produce it. If you made a formal CCA request and they have not provided one in 12 days (plus 2 for postage) then the account is in default at their end and they cannot demand payment or default you or pass you onto a DCA. Also if it goes another 30 days without them producing a CCA then they have commited a criminal offence. Sadly you can't send the police round.
Thing is, if you stop paying they probably will. What the law says and what actually happens seems to be quite different.
I was advised at this point there are a few tactics and the more experienced people here will be able to advise you better than me.
1. Stop paying, refuse to do anything unless the provide a vaild CCA.
2. Write to them saying that as they have no CCA the debt is unenforceable so they should write of any debts they claim you own.
3. Offer a Full and final settlement of a certain % of the total some people have been lucky enough to offer 10% others a lot more.
One thing to be careful with, some people think that if you claim back charges you are acknowledging they have a right to enforce the debt. I have no idea if this is correct, but it might be worth finding out.
I'd like to make it clear I'm no expert but I am going through the process of dealing with the banks so can offer my experiences. One thing though, don't look on this CCA business as a 'get out of debt' free card. It's not as simple as that and the banks are unlikely to roll over and give up on you.
Natwest Credit Card- £850- WON!!!
Natwest Current Account- £380 (in 1 month!)- On Hold
Mint- £250- WON!!!
Egg- Still waiting on list of charges
CAP1- Still waiting on list of charges
HSBC current account- On hold
IF- waiting...
Barclaycard- £124 WON!!!
And now, using what I've learnt from you wonderful people, to CCA the lot of them! (well credit cards at least)
I have attached my threads which I think you might find helpful as I too have a card going back to 1980 and they have been unable to supply me with a current agreement
Hi Moneydragon
Just finished reading your Q & A`s. Have you been `negotiating` backward and forward for 6 years???? And they still haven`t come to an agreement? I`ve stopped worrying about mine now.....enough sleepless nights. I`ve offered what I can afford. They ignore me, what now??
Hi Moneydragon
Just finished reading your Q & A`s. Have you been `negotiating` backward and forward for 6 years???? And they still haven`t come to an agreement? I`ve stopped worrying about mine now.....enough sleepless nights. I`ve offered what I can afford. They ignore me, what now??
Hi Elsema
Dont pay them they cant enforce it.
I have only been negotiating with nat west for two years to get them to provide me with my agreement which they cant. When our problems started these were the only creditor that treated me like s**t and they would still continue to if they could but because of this great site I am now aware of my rights and wont be intimidated. I have now negotiated with all my other creditors and all but 1 are now settled, these however, I will fight all the way
Hi Moneydragon
Thanks for your support. I appreciate it. As I said, they will have to contact me now.....They only found 2 letters of mine, but I`ve sent at least 6. I thought about asking for copies of the other 4, BUT I really don`t want to contact them in case they remember to browbeat me again!!
I have today receved a letter telling me to phone them to negotiate me paying a higher amount per month. They said, last time, that I had to pay £124 a month. (this wasn`t an agreement, as I didn`t agree). This I can`t afford so I sent £20 a month. I have missed no payments. Do you think I should phone them
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Originally Posted by Elsema
