Hi DonkeyB / PGH / jdes / silverfox/ anyone, I have found some more correspondence. Back in 2007 I received a letter from MBNA saying that they may ask the court for a charging order against the property and they enclosed the title deeds for my property with the letter. The fact that they still haven't applied for the charging order maybe suggests that they can't enforce it maybe? Another letter was received a year later threatening the same. In between these two letters was a letter telling me that at the end of the month my account would be transferred to a debt collector. However if I were to magic up 35% of the owed balance then they would write off the remaining 65% and show as paid in full on the credit file. These letters were sent before it was transferred from MBNA to Link Financial. For the record I have 4 ccj's already, if my property were to be sold then there would be insufficient equity to repay the mortgage and all ccjs. I have received a default notice and a notice of assignment. I am still not paying anything and haven't for at least 3 years. I believe that the credit card account was opened in the mid 90's. After much procrastination and head-burying I do want to take action on this now. So what should I do first? I would like to claim charges back if possible (how do I know whether they are justified or not?). I would also like to see if the debt is enforceable. Any help with forms would be most helpful. If you wouldn't mind giving it to me Janet & John style please? :o) Many, many thanks everyone. PS. I think I will almost definitely have to start making payments again of some level so it won't become statute-barred.

Thanks for that. Do you think I would jeopardise anything if I sent them a payment for the amount I believe I can afford to pay them? What are the downsides of doing this? Does this in some way validate a contract? On what grounds could I reclaim any charges? I have loads of late fee's on credit cards from years ago and interest charges. If I were to reclaim any charges would this potentially accelerate a creditor's desire to slap a CCJ on me? I would like to avoid any further CCJ's if I can. Many thanks for your help.

Hi, I hope someone can help me. I held a Credit Card with MBNA for years until a couple of years ago when the payments were not met (due to low income / over-committed) and the debt was sold to Link Financial. I am not disputing the debt and intend to repay but it will need to be over a long period of time. No payments have been made on this debt for 2 years and the remaining debt is just under £10k. I haven't received any phone calls, as far as I know (home phone out of order) but have received the following; Link Financial Introduction Letter - 2 years ago "You Have Been Served A Notice" letter - 1 year ago and "Statement Of Account" letter - this year. Since then I have received 2 letters from Elmwood Park offering a 25% discount offer on the balance owing. For the record, I have a large number of creditors with whom I am making regular payments to. Some of the creditors are happy, some aren't, but at least I am making some kind of payment. This creditor, however, has fallen off my radar. What should I do? Should I offer a monthly amount (which I can afford to pay) or hold tight? Any help gratefully received. Thanks toughtimes

A bit of time to go yet. Interesting. We shall see what happens. Cheers Dave.

I have received acknowledgement of my request and because they are working on behalf of the original creditor they have forwarded the request on to the creditor. They said that it will take longer than the initial timescales mentioned on my letter. Is this ok and if so how long do I give them?

So, by me requesting the CCA it won't trigger any different behaviour by the creditors/debt collection agencies, will it? Say for instance the CCA IS enforceable, will they step up their collection procedures? What I am saying is, is it worth me rocking the boat. Is it worth the chance? To be honest a few of the creditors have been great, a few have been a nightmare. Almost all of the dca's are nightmares. I would like to know where I stand with regards to the enforceability but need to balance up the risks involved with requesting the info. With regards to the CCJ's, I can't put my hands on the paperwork at the moment but I will look into it tomorrow and post again. I am a joint homeowner with very little equity in the property. Here are some basic details; Property worth £140k Mortgage £124k 1 CCJ worth about £12k, not sure on the other amount. Car is on HP. Unsecured credit outstanding is about £70k+ by way of cards and loans all of which are wrapped up in the DMP, albeit loosely now. As you can see there isn't much meat on the bone. Many thanks for your response rory.

Hi, I have been suffering for a few years with finances and the early part of 2007 I decided to attack my credit problems head on. I couldn't remortgage any more, I'd maxed out on loans and credit cards etc etc. I had every intention of paying all my creditors back so I started a debt management plan with CCCS. After 3 months of to-ing and fro-ing with inc/exp forms we finally agreed a budget which initially was affordable and to be honest did lift a burden from my shoulders for a little while. A year passed and I missed a payment, then paid one then missed one as my business started suffering (self employed). It was also time to set the budget for the second year which was proving difficult because income was up and down. Also I am aware of the CCCS's requirement for the DMP to be at least £100pm. I assume that if it falls below that then they will recommend bankruptcy or IVA and given the type of job I do, I can't afford to go down that route, so it's hanging in the air. CCCS are still administering the payments but not acknowledging the plan. I am up to date now, paying the original monthly payment. Some creditors are getting extremely heavy again and I need to take action. By me paying into a DMP and having sent numerous letters to lenders acknowledging the debt and advising them that I am keen to pay them what is owed, albeit over a longer period than they'd like, what advantage would be gained by me requesting a CCA? Given the facts at this moment in time. Also I have 2 CCJ's from creditors who ignored CCCS. Any help gratefully received. Thanks

I've been reading this thread with interest. What's the latest?

RBS are one of our other creditors which I am dealing with next actually. I will put up a post entitled RBS later. Oh, this is so messy and time consuming. It's certainly an eye opener. I'm grateful for all the help I've had.

This is quite unbelievable. Just looking through the thread now but that document you have linked is practically giving the lenders a blank canvas to cover their backsides.

Aah, yes that makes sense. Cheers Dave. PS. I don't suppose you know the answer to the post at 12.17, do you? Thanks

I keep seeing 12+2 mentioned with regards to waiting times for a response. I gather that it is 12 working days from date sent but what does the 2 relate to?

Right, all done. No signature, just printed name. So, if we have entered into any correspondence with creditors and signed the letter then this might potentially be our downfall when trying to establish a valid credit agreement? We do have other creditors with whom we have stated that we are keen to settle the debt with and asked for their patience. We signed those letters so I guess they could stitch us up with their creative skills then? Cheers again. Thanks also to 42man. Very interesting.

Right, I'll send it tomorrow morning. Appreciate the help on this. Cheers

Thanks Dave, that puts me slightly more at ease. So which letter do I send first? Letter N? http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html#post162367 Thanks ever so much for all the help from both of you so far.

The debt is under £1500.

Thanks Daniella. They gave us 18 days and 21 days deadlines which have passed over christmas and new year. We did nothing and then we get a further letter saying that they will present a bankruptcy petition. Although it looks official you may well be right that it is just a threat. Not sure I want to take the chance now. It's a bit scary. The card was issued before 2005 if I remember correctly. I shall have a look at the other threads. Thanks again.

Hi, I am a new member and I really hope I have posted this to the correct section. I have read a few of the sticky notes and crossed fingers I'm in the right place. I wonder if someone could help me please? We have received a number of letters from 1st Credit and Connaught Collections requesting payment from us for a Goldfish Card (formerly Morgan Stanley). We haven't replied to any letters and just wondered what we should do. In December 2008 we received a statutory demand under section 268 of Insolvency Act 1986. We have received a further one saying they are to present a petition. Now, having read through this excellent site I gather that it would be a good idea to ask for a credit agreement in the first instance. What happens if they continue with this bankruptcy petition in the meantime? Is there anything else we need to bear in mind or take action on with regards to this? Any help, gratefully received. Would someone please point me in the direction of this template letter please? Many thanks