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.
Well - this is one of my debt problems among many.
Ok suffering debt problems i have been using my credit card to bail me out as i go along. My income should cover my expenditure. however as i am only human - in some instances debt i my own fault, other instances - the car breaks down, the tumble drier, the fridge, a wedding to go to, birthdays, christmas, vet bills - they all do there bit to push tip me the balance over each month and soon mount up over the year.
So down to nitty gritty.
I have a barclay card debt of just over £6200.
The card was originally Morgan Stanley, then Gold Fish, and now Barclay card.
I have over the last 3 or 4 months held them off - offering a £1 a month. they continue to do the usual decline and wack the interest on etc.
they cash the cheque as is the normal.
I know that i can continue to hold them off as long as i offer a payment as such.
I cannot afford to pay any more than the £1 - i should but - its just amazing what expenses pop up day to day !
Now - as i state - i could carry on like this - hoping one day they will give up on me. - However - i fear that they will still be after me in 10 years, 20 years or 30 years.
So i have been reading threads in here. I see that some have found a loop hole regarding the CCA.
I have requested a CCA as per S78 regarding Credit act 1974.
They have provided me with a historic copy with no signature. This according to info i have read in here is acceptable. So it appears i am on stop again for the mo other than carry on with my offer of £1 a month.
I dont want to push to court to get the actual agreement in case they call my bluff - as i dont have the money to take them to court or to defend myself against them.
A little more info may help your advice too - i owe £19000 to HSBC via Rockwell, £6200 to Barclay card as above, £6000 to Cahoot Flexi loan, £3450 to Monument ( barclay card owned - but they have not asked me for this and i am not making any payment on this either ), £2200 to RBS Card. Have to kids i pay CSA for and a step son, so i have dependents which i am worried could be persued for my debt if or when i die with debts outsanding.
i dont have any assets, my car is only worth a £1000, i rent my house private.
What is my best route ? Continue to take on all my credit cards first ? Carry on paying £1 a month or go for bankrupt ? Bank rupt i have been advise that even tho the law should be on my side - it means nothing on the day when bailiffs come in take what they want and the police man tells you not to interfere with the law as they remove all your kids ps2, telly, your car etc etc.
Hi Crazy Fella,
I am no expert here and someone may correct me but surely for them to have an enforceable agreement it needs to be a signed Morgan Stanley one.
One of my BC's was originally Morgan Stanley and when I CCA'd them, they sent me back the T&C's for a Barclaycard. So I have sent them an Account in Dispute letter and taking it from there.
Have you tried CCA'ing your other creditors?
not sent CCA to RBS, - for the mo they have accepted the £1 a month. I want to try this out with Barclay Card first - as they are digging there heels in so badly.
i feel torn between my morals and just trying to get on in life, as i know i run up the debt, but - i need to look after my family, and my mentality too !
Looks like i will have to argue again for the original agreement . do i still offer a payment ? looks better if it goes to court does nt it ?
Hello Crazy fella,very well written post.I understand how you feel,token payments,but you feel they will be there for ever.As you rent your house and owe a few pounds here and there and it sounds like the pressure is getting to you bankruptcy must seem a option.I didnt read what kind of work you do.I will help you,try to take the pressure off,much advice to help you.Just need to know the work thing to target the information better.Tawnyowl.
im a mechanic, i earn about £26000 a year, about £1619 a mth after tax and pension paid - i should be well off on that but it dont seem to happening. my rent is £650 a month, electric £60, heating oil, £100 a month because we rent a farm house which runs an oil fired rayburn. they will not fit a boiler - i tried that one. Fuel costs for my car about £20 a month, mobile is £20 a month, car ins £15 mth, hobby - £30, Child support - £230 mth, building contents insurance £7 mth. dentist fee plan £15 mth, Council tax £104 mth, car tax £400 a year for one car, land line £30 mth, internet £16.99 mth. sky tv £18.50.
Birthdays, school trips, vet bills, car repairs, appliance repairs, tools for work,christmas all take there toll.
i am managing to earn a little extra answering repair questions only which varies from £50 to £150 a mth which i see as paying for the phone, internet & sky. Dont get much work repairing cars privately regular enough. Last month the BMW swallowed £400 for MOT and parts ! i fitted myself obviously. now the tumble drier has just packed in - £30 for parts that i hope will fix it. BMW now wants 2 more tyres. Its done 230,000 miles so its a bit battered and worn out - in case any of you think im running a 2 yr old flashy beemer !
I just seem to be getting costs coming from everywhere, and i cant take my kids no where this summer hols as a result - its bad times.
so thats a taster of the problems that are not helping me right now - hence a closer look at my situation.
You seem to have been caught out by the cost of living and the reccession.You have done everything by the book.A very honest person,the kind of mechanic everyone is looking for.Sometimes spending hours fighting creditors,asking for CCAs,does work if followed through,as do token payments.If you had a house they might now be going for charging orders.You have thought of your family.If you take advice on the links i sent and they tell you bankruptcy is the best option,afterwards you carry on working as normal.But you need advice to decide.If you go bankrupt-You are allowed to keep:
“tools, books, vehicles and other items of equipment as are necessary to the bankrupt for use personally by him in his employment, business or vocation” in addition to “clothing, bedding, furniture, household equipment and provisions” necessary for satisfying the basic domestic needs of you and your family.And the kids things.
However there are conditions and those conditions centre around how valuable the property that falls into the above groups can be. A rule of thumb that is frequently used is £500. So if you have a car that is worth more than £500 that you use for work, chances are you’ll need to see it and get one for £500 or less and give what’s left over to your trustee.I feel in your position you need to take advice now,my view only and is only gained through experiences and forums,best wishes,keep posting Tawnyowl.
i think i know i got go bankrupt, i just cant afford to pay out to do it myself. we were trying to get savings aside with my wifes wages for christmas, but we just used that to fix the BMW and now the tumble drier - and incedentally the abs fault light came on - the bmw - so thats gonna cost some more !!
im at end of my tether.
give it few more months then i may do it. what a great holiday im having this week with the kids - NOT ! - terrible weather, and no money !
my parents lent me their camper van to try and give kids some sort of hol locally. - first time try to use it - no cooking gas !! i give up !
well thanks for the advice tawny - it confirms my thoughts .
There's a forum called Formal Solutions which discusses BR and other options. There are good people there who will offer excellent advice.
If you've had penalty charges added to any credit card accounts, you should be able to reclaim these in full. BC, for example, will repay all penalty charges within weeks if you don't claim Contractual interest.
But, if you're up for a fight, you could claim Contractual Interest which should really boost the amount you claim. The CCard Co's won't repay this voluntarily so you'll have to file at court but the benefits can be huge, especially if there are older charges going back several years.
Can I suggest you copy some of your post(s) above and paste them into a fresh thread in the Debt Forums. Keep this thread just for BC matters.
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.
Crazy Fella V Barclaycard
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Re: Crazy Fella V Barclaycard
MungyPup is coming to get yahh 
