hi,i would like to hear from anyone who has actually written off their credit card debt by disputing enforceability of credit card agreement.

i have found many companies that handle credit card claims,but i want to give my case to a solicitor directly but cant find a good no win no fee solicitor that specialises in thiese kind of claims.

or maybe i should try it myself?

any info or advice will be appreciated.

unenforceable CCA's don't actual result in the debt going away, it just means that until a valid CCA is produced, they cannot enforce payment.

sadly, in all bar a very few cases, debts are not written off.

my views are my own...seek legal advice if ness

the myth about writing off debts

http://www.consumerwiki.co.uk/index.php/The_Myth_of_%27Writing_Off%27_Debt

BBC NEWS | Business | Ministry warns on debt write-offs

dx

I put Barclaycard in a very awkward position that resulted in them wiping an alleged credit card debt.

Can you role your consumer credit issues in with bank charges and give them to one company to deal with? I would rather give it to someone to deal with because I am too stressed out to be able to concentrate and find the time and energy needed to do it myself!

Im not going advise anyone using a claims company. They are only intersted in taking money off you.

If you want to get it sorted, you'll have to roll your sleeves up and get stuck in like the rest of us. You'll get all the help you need from us.

If doing this through a "claims company" was as straight forward as you appear to think, dont you think we would all be doing it?

Dont get scammed, do it yourself. Yes its stressful, but very very satisfying.

No offence noomill060, but if you had an inckling of what I have been through over the past few years you would understand why I say I am too stressed. I have been a "doer" all my life who would roll up my sleeves just like the rest of you and on behalf of everyone else as well, but I have come to a point where I am mentally and physically unable to do that at present, which is why I posed the question. I have so much on my plate at present that I need to hand the job to someone else to deal with before it's too late and they change the law!

Thank you for the advice though, if there is no company out there I may have to forfeit the possibility altogether.

JQ

No offence noomill060, but if you had an inckling of what I have been through over the past few years you would understand why I say I am too stressed. I have been a "doer" all my life who would roll up my sleeves just like the rest of you and on behalf of everyone else as well, but I have come to a point where I am mentally and physically unable to do that at present, which is why I posed the question. I have so much on my plate at present that I need to hand the job to someone else to deal with before it's too late and they change the law!

 

Thank you for the advice though, if there is no company out there I may have to forfeit the possibility altogether.

 

JQ

Personally I wouldn't offer advice about using a claims company. I would google bank charges reclaims companies and read through all of the ones out there that may be of interest to you. The problem is that many companies do charge you for doing it based either on the amount and on the total sum. There is a lot of advice here but the main thing is that it is your life and the choices are there for you. Good Luck and I hope you find what you are looking for.

I would put all the reclaims and cca requests on hold until you feel stronger and able to deal with it all. Contact the cccs and get them to deal with your creditors until you find yourself in such a place that you feel able.

Its what I did 2 years ago when I didnt feel able to handle it myself, and now I have just taken all my debts back off them and have started the process myself.

Dont go with one of these companies, their ethics are as noticably absent as that of the DCAs. They will [problem] you. Put it all on hold until you feel able, with the help of everyone here, to deal with it.

thanks for info guys,i want to challenge the credit card companies myself.

im looking for template to write first letter to credit card companies requesting credit card agreement.i cant find the templates can someone give me the link.

Just getting started with all of this, would appreciate it if anybody could share a sample for a CCA template letter.

Thanks,

Andrew

i would also like template for cca request

thanks anyone

cca request template.

Name & Address

Date

Dear Sir / Madam

Re: Account No: .......... XXXX

With reference to the above account, I would be grateful for a signed copy of my Consumer Credit Agreement.

I understand that under the Consumer Credit Act 1974 (Sections 77-79), I am entitled to receive a copy of this agreement upon request. I therefore enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

I understand that a copy of my credit agreement should be supplied within 12 working days.

I also understand that under the Consumer Credit Act 1974, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

I look forward to hearing from you.

Yours faithfully (Print name)

Thank you one and all!

Yes, I have. Its due to the credit agreement being irredeemably unenforceable - it only really works with agreements taken out before April 2007, as the law changed under the Consumer Credit Act 2006. The old law (that is, the law pre-april 2007) applies to credit agreements taken out before Apruil 2007 - basically, if the credit agreement is flawed, the law says it is not properly executed and this means it cannot be enforced - the process involves litigation that takes several months to obtain a "declaration of unenforceability" from the Court - best part is the Court has no choice where the breaches are of "prescribed" terms.

The banks are being very underhanded with a negative pr campaign about claims management companies - fair enough, there are some dodgy ones out there (look out for creditcardkiller.com - and stay well away from their service its a rip off), but there are plenty of regulated genuine ones out there. In my case there was a fee for an audit of the credit agreement and then the claim is on a no win no fee basis, so the bank pays your legal fees as part of the claim.

I have around 80k of unsecured debt that I am in the process of challenging. Interestingly though, I stopped paying them months ago and they have never brought any court action against me - I imagine this is because I have written and verbally told them that the debt is in dispute and the OFT guidance on unfair business practices states clearly that it is an unfair practice to ignore a borrower who says the debt is in dispute - guess what, if the debt is in dispute the lender cant enforce it - its the law. Fantastic!

thanks for fantastic reply very informative.i have about 50k outstanding pre 2007 and 20 k after 2007 .i will be giving cases to a claims management firm as i have now stopped paying them.the credit cards taken out after 2007 amout to 20k im thinking of an iva or something to deal with them.

i have considered taking the banks on myself but feel paying around 600 pounds for about 5 agreements to be dealt with by a claims management firm who are regulated by ministry of justice seems like a good deal.as i dont want to be giving myself too much stress.

Yes, I have. Its due to the credit agreement being irredeemably unenforceable - it only really works with agreements taken out before April 2007, as the law changed under the Consumer Credit Act 2006. The old law (that is, the law pre-april 2007) applies to credit agreements taken out before Apruil 2007 - basically, if the credit agreement is flawed, the law says it is not properly executed and this means it cannot be enforced - the process involves litigation that takes several months to obtain a "declaration of unenforceability" from the Court - best part is the Court has no choice where the breaches are of "prescribed" terms.

 

The banks are being very underhanded with a negative pr campaign about claims management companies - fair enough, there are some dodgy ones out there (look out for creditcardkiller.com - and stay well away from their service its a rip off), but there are plenty of regulated genuine ones out there. In my case there was a fee for an audit of the credit agreement and then the claim is on a no win no fee basis, so the bank pays your legal fees as part of the claim.

 

I have around 80k of unsecured debt that I am in the process of challenging. Interestingly though, I stopped paying them months ago and they have never brought any court action against me - I imagine this is because I have written and verbally told them that the debt is in dispute and the OFT guidance on unfair business practices states clearly that it is an unfair practice to ignore a borrower who says the debt is in dispute - guess what, if the debt is in dispute the lender cant enforce it - its the law. Fantastic!

hi,thanks for the info,very helpful.

did you challenge them yourself?

have the credit card firms given in and written off or are they just ignoring you but debt is still outstanding.?

Yes very informative! When you say pre 2007, do you mean the agreement only, or the actual debt, ie, if you had a credit card from the 90s and the full debt has accrued over the past year or two, does that still qualify? Also, are we permitted to ask which company you used?

Yes very informative! When you say pre 2007, do you mean the agreement only, or the actual debt, ie, if you had a credit card from the 90s and the full debt has accrued over the past year or two, does that still qualify? Also, are we permitted to ask which company you used?

credit cards were obtained many years ago before 2007.i have not actually appointed a company yet but im thinking of giving case to monster claims .the balances some are old some new but agreements were over 5 years ago.i think i should qualify for debt write off.

i was thinking of doing myself ,but to avoid unnessesary stress im thinking of instructing a claims company.

any advice would be appreciated.

Well most people here would advise you not to pay an upfront fee. There are companies that do this without charging you upfront and also which let you keep 100% of your compensation (debt write off).

The problem with paying an upfront fee is you are caught, if they don't do the job for you, and they sit on your money, you still have the debt and you have lost your money. Check out this comment, it might give you an insight.

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/198695-validity-claims-management-companies-21.html#post2292185

Well most people here would advise you not to pay an upfront fee. There are companies that do this without charging you upfront and also which let you keep 100% of your compensation (debt write off).

 

The problem with paying an upfront fee is you are caught, if they don't do the job for you, and they sit on your money, you still have the debt and you have lost your money. Check out this comment, it might give you an insight.

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/198695-validity-claims-management-companies-21.html#post2292185

thanks for your advice.i have checked out (debt write off),they are not taking any new cases they are waiting for advice from barristers regarding some test case.they will be in a position to advise me further in august next month.

they are waiting for advice from barristers regarding some test case.they will be in a position to advise me further in august next month.

What test case?

Maybe the one the OFT took out against the Banks in 2007 and the one we are awaiting the appeal judgement from the House of Lords?

http://www.consumeractiongroup.co.uk/forum/oft-test-case-updates/139905-oft-banks-house-lords.html

Oh, *that* test case

I have been approached by so many companies that purport to be able to 'write off' debts. If you care to read back over the forum, people who try (and say they suceed) in this endeavour, take months ,years and lots of work. Please don't be so naeive and say that 'well they can get paid if it's successful. work it out, offices staff phones wages etc etc for an unguaranteed return. Why would Any company want to get engaged in this without payment up front?. If they did they would not be arround to see the result would they? If you dispute this then you clearly need to stay employed and don't open a business. The whole point of all of this is that you've got to take the companies to the edge. Will you be prepared to go to court? Can you take the costs if you lose? What you will probably find is you are at an impasse with these companies. They can't enforce but won't write off. Will you take them to court to get it written off?The debt stays but they can't or won't enforce. So you wait out 6 years and they go away on their own. But please don't look for shining knights to come along and do it all for nothing. No I don't run a claims company I don't think that would be a good long term investment. I just loathe banks.

Yes, I have. Its due to the credit agreement being irredeemably unenforceable - it only really works with agreements taken out before April 2007, as the law changed under the Consumer Credit Act 2006. The old law (that is, the law pre-april 2007) applies to credit agreements taken out before Apruil 2007 - basically, if the credit agreement is flawed, the law says it is not properly executed and this means it cannot be enforced - the process involves litigation that takes several months to obtain a "declaration of unenforceability" from the Court - best part is the Court has no choice where the breaches are of "prescribed" terms.

 

The banks are being very underhanded with a negative pr campaign about claims management companies - fair enough, there are some dodgy ones out there (look out for creditcardkiller.com - and stay well away from their service its a rip off), but there are plenty of regulated genuine ones out there. In my case there was a fee for an audit of the credit agreement and then the claim is on a no win no fee basis, so the bank pays your legal fees as part of the claim.

 

I have around 80k of unsecured debt that I am in the process of challenging. Interestingly though, I stopped paying them months ago and they have never brought any court action against me - I imagine this is because I have written and verbally told them that the debt is in dispute and the OFT guidance on unfair business practices states clearly that it is an unfair practice to ignore a borrower who says the debt is in dispute - guess what, if the debt is in dispute the lender cant enforce it - its the law. Fantastic!

How can I tell if the Credit Agreement is "Flawed"?

In my SAR I got a copy of the form with my signature, so no luck in telling the company that bought my debt to "Do one"