Hi Caggers

I have spent a long time reading through old posts and have a headache!

My situation is thus.

I have approximately 80k of old CC and OD debt mainly on accounts started 2000 to 2006. some possibly a bit later.

I fell into arrears etc in 2010 as a victim of the 2008 crash! ( I held on as long as I could)

all of these debts are now off my credit rating file except for one which is with cabot from a Barclaycard that was taken out in 2000 and should have defaulted in 2010 along with the others which barclaycard have sold and closed and cabot is still marking my file as up to date with a £1 payment

I have been paying various credit card companies direct and some through DCA's (Cabot CDUK Moorcroft PRA etc.) between £1 and £5 a month for the last 7 years.

They don't hound me and seem to renew my arrangements automatically every 6 months, (they send me a letter which i ignore and then another saying they will continue the arrangement)

The issue is I would like to remove this debt from my neck as although it is not strangling me it is weighing me down and I am not in a position to pay it off.

I could possibly offer about 10 -12% as a F&F settlement with the help of some family members, but wanted advice on whether I would be better of CCAing anyone first and using that as a bargaining tool?

about 25k of the debt is a Barclays overdraft, there is one santander loan and the rest are CC's

My mortgage (Current and up to date) is also with santander - would this harm that.

Thanks in advance for any help you can offer me

First thing you need to do. Create a separate thread for each of your debts.

CCA each and every company chasing you apart from your overdraft. I guarantee many of your debts are unenforceable. Especially with the DCA's you named chasing you. Theyre notorious for lying and harassing to collect unenforceable debts.

OH dear, welcome to CAG.

You are unfortunately what is called a ''Cash cow''.

They know this and are bleeding you dry of money you quite possibly don't owe!.

There is absolutely zero point in offering them anything, as it won't affect your credit file one bit, once a default is on there, there it remains for 6 years until it auto drops off.

Who are you paying currently?

When did you last pay anything toward any of these debts, list them all.

If you haven't paid anything for 6 years then they are time barred.

Name ALL of the powerless debt collectors who are robbing you.

and stop all the payments!!

Hi

Thanks for your replies,

In answer to the points raised.

My defaults are all off the my credit files already except for the Barclaycard one which they should have defaulted but didn't - my experian Credit Rating is 938. and will be back up to above 950 in 3 months.

Is there a reason why i can't CCA my overdraft.

I will put together the most recent list of DCA's and payments.

I have been making token payments for the last 7 years so none of these are SB.

I realise that they may be unenforceable

- but i do not want to have to declare them as debts when i make a mortgage application in the future for example and also would like to know that they are gone and off my head should my earning increase in the future

- hence my thought to settle at say 5-10% again using the fact it is off my file as a bargaining tool.

I also am worried about provoking them into court action.

if they are not on your credit file you don't declare them...............

they are not harming you.

you pay anything

they'll sell them on and come after the rest

stop payments

Opened Date Type Original CCA Total Payments

2000 OD Barclays Direct £26,000 £1

Mar-05 CC RBS Moorcroft £730 £1

Aug-04 CC Natwest Direct £2,300 £1

Nov-07 CC Mint Direct £11,000 £1

Mar-07 CC Tesco Direct £3,200 £1

Feb-00 CC Barclaycard Cabot £10,700 £5

Jun-07 CC Halifax Cabot £8,700 £1

May-07 CC Virgin PRA £13,500 £1 Sold to Vardo

Jun-07 CC Egg Moorcroft £2,500 £1 Sold to Arrow

Jul-05 LOAN Barclays Direct £250 £1 no correspondance re this

Jul-08 LOAN Santandar Moorcroft? £11,500 £1 They marked it as satisfied in 2010 but still send default notices

£26k Barclays OD !!

I think i'd be inclinded to send each the write off my debt letter please

from our debt collection section of our library

indeed - during the big boom days it would seem every time i logged into my account then it offered me to instantly up my overdraft!!

I will go through that section now - thanks!

Opened Date Type Original CCA Total Payments

2000 OD Barclays Direct £26,000 £1 SAR (£10) to Sharklays and reclaim ALL of their fees and charges.

Mar-05 CC RBS Moorcroft £730 £1 CCA Request to moorcr@p, once they fail stop paying.

Aug-04 CC Natwest Direct £2,300 £1 CCA Natpest & reclaim all of their charges.

Nov-07 CC Mint Direct £11,000 £1 CCA Mint, reclaim all charges.

Mar-07 CC Tesco Direct £3,200 £1 CCA Tesco.

Feb-00 CC Barclaycard Cabot £10,700 £5 CCA Sharklaycard, reclaim all fees charges and stop paying Cabrot.

Jun-07 CC Halifax Cabot £8,700 £1 CCA Shallowfax,

May-07 CC Virgin PRA £13,500 £1 Sold to Vardo Stop paying.

Jun-07 CC Egg Moorcroft £2,500 £1 Sold to Arrow Stop paying.

Jul-05 LOAN Barclays Direct £250 £1 no correspondance re this Stop paying.

Jul-08 LOAN Santandar Moorcroft? £11,500 £1 They marked it as satisfied in 2010 but still send default notices

In short, you're being mugged off here, and throwing money away, they have to provide you with the evidence that not only do you owe this, but that they have all of the correct paperwork to enforce in court, which most pre 2007 agreements won't have, and I guarantee that 9 times out of 19 the response you'll get back is that ''Due to the age of the accounts the agreement cannot be found, however you have a moral obligation to pay blah blah blah!

CCA's cost £1

SAR's £10

Thanks for your reply - why would this work better then the cca route?

What are the chances of them agreeing this write off

- bearing in mind i am only in my middle 30's.

In short, you're being mugged off here, and throwing money away, they have to provide you with the evidence that not only do you owe this, but that they have all of the correct paperwork to enforce in court, which most pre 2007 agreements won't have, and I guarantee that 9 times out of 19 the response you'll get back is that ''Due to the age of the accounts the agreement cannot be found, however you have a moral obligation to pay blah blah blah!

 

CCA's cost £1

SAR's £10

Thanks again for your reply

I will run through the CCA's now and and see if i can get them all off.

What do you think i should do about santander

- they marked it as satisfied..

. they still send me account in default letters once a year.

Going by your list, a lot of them look very unenforceable.

Forget about credit file marks right now. Follow the advice given. Youll end up with less debt, and some of those creditors will have to give you money back, or write it off against the amount owing, which will drastically reduce the debt.

What do you think i should do about santander

- they marked it as satisfied..

. they still send me account in default letters once a year.

Send a CCA to them too, but as Moorcr@p are the gophers for them, send it to them, don't sign ANY of the postal orders, just leave them blank.

Ok

I have pulled my head out and made a start

2 CCA's in the post today

Ive started with Natwest and the Virgin-Varde-PRA group

I will keep you updated here - Thanks for your support

At which point to i open a thread for each account

Thanks

Excellent, don't forget they have 12+2 working days to supply yo with the agreement, when they DON'T, then you can, and should STOP paying, otherwise they'll string you along forever.

Hi

Thanks for your help thus far,

I am concerned about what i should do with the Barclays Overdraft. - I will SAR them but i am not sure the fees will be particularly high as I ran the account well until it went pear shaped.

I do not want them to increase enforcement action or got to court. can I also CCA them?

Cant CCA an overdraft, but they wont arbitrarily increase enforcement action or go to court if you negotiate repayment.

They might go to court if you have your own home, etc so they can secure payment if you lapse on repayments, but they can be pretty leniant.

Cant CCA an overdraft, but they wont arbitrarily increase enforcement action or go to court if you negotiate repayment.

 

They might go to court if you have your own home, etc so they can secure payment if you lapse on repayments, but they can be pretty leniant.

I own my home together with my wife (the debt is mine alone) - there is virtually no equity in it though.

I would like to settle with them rather then continue payments.

Then you need to write to them and negotiate repayments

Then you need to write to them and negotiate repayments

before or after the SAR

After. Always after so you can triple check if theres anything to reclaim so it can be taken off the amount owing.

they don't get your income do they?

if they went to court and they were successful in gaining a judgement, they could go for an AOE. But thats a loooooooong way off

they don't get your income do they?

They get £1 a month.

My income is not great.

if they went to court and they were successful in gaining a judgement, they could go for an AOE. But thats a loooooooong way off

I'd really like to avoid that - as my credit file is now clean!! and I would like it to stay that way!