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My husband is self-employed and I'm a stay at home mum of 2 small daughters. Last year my husband's work dried up and really put us in the doo-doo financially. We contacted CCCS who helped us work things through and as such we took their advice to pay our non-secured debts (credit cards etc) £1 per month, which of course they didn't like . I'd like to claim back all of our bank and credit card penalties but am unsure of where we stand as we already have an unofficial 'payment plan' with them. Am I still able to make these claims?
Also, I have taken an 'offer' from one of my credit card companies and have scraped the money together to pay a much reduced rate to clear my card and get that particular monkey off my back. I make the final payment next month - can I still claim back the penalties from this card, even if I've already taken the 'offer' and they've closed my account? Am I even doing the right thing taking the offer :?
Sorry to ask questions that I'm sure have been answered elsewhere, but this site is HUGE - I just don't know where to start!
Hi
By my answering, your post will "bump" onto todays list
Originally Posted by Kerryatter
Hi - I wonder if I could get some help please...
My husband is self-employed and I'm a stay at home mum of 2 small daughters. Last year my husband's work dried up and really put us in the doo-doo financially. We contacted CCCS who helped us work things through and as such we took their advice to pay our non-secured debts (credit cards etc) £1 per month, which of course they didn't like . I'd like to claim back all of our bank and credit card penalties but am unsure of where we stand as we already have an unofficial 'payment plan' with them. Am I still able to make these claims?
Yup, Send a SAR to each creditor ( they cost £10 per creditor) This will get back (hopefully) everything they hold for you. Work out what they owe you and then slap on some interest then bung in your claim.
Also, I have taken an 'offer' from one of my credit card companies and have scraped the money together to pay a much reduced rate to clear my card and get that particular monkey off my back. I make the final payment next month - can I still claim back the penalties from this card, even if I've already taken the 'offer' and they've closed my account? Am I even doing the right thing taking the offer :?
Cynical me but I would be asking the question,"Once the final payment is made, you nor any other agency will chase for the remainder?"
It has been known that a creditor will accept a lower payment to clear the debt and then flog on the remainder to a DCA.
As for the charges, go for it. Same advice as above
Sorry to ask questions that I'm sure have been answered elsewhere, but this site is HUGE - I just don't know where to start!
Many thanks to anyone who can help
With the SAR, the link to a template letter is here:
As I said earlier, send with a £10 postal Order, send it by Recorded delivery and track it's delivery on the Royal Mail website.
They have 40 days from receipt to respond
Once you have been on the site a while, navigation gets easier.
fox
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Thank you so much Fox. I have sent off a request to Lloyds asking for statements for my 3 accounts for the last 6 years and I am about to write to my credit card companies asking for the same. Can you tell me if I can also claim for catalogue charges?
Also - I've had a quick scout around a couple of the threads and have noticed that people are talking about CCA's - Are these credit agreements? Am I understanding correctly - if your creditor can't produce a credit agreement that you have signed, they can't enforce the debt?? Can you point me in the right direction for some information on this please?
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 after requesting a true copy of a signed credit agreement the creditor fails to produce it, it does not mean that the debt does not exist, the debtor may now however be in a good position to make a Full and final offer to clear the debt.
And yes, you can also claim for catalogue charges, there are catalogue Forums.
Regards.
Scott.
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Kerryatter V's Lloyds TSB
. I'd like to claim back all of our bank and credit card penalties but am unsure of where we stand as we already have an unofficial 'payment plan' with them. Am I still able to make these claims?
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Originally Posted by Kerryatter
