you replied as I did LOL! do we just out the blue set up this payment? we dont call them and make the arrangement over the phone? will they insist and do they have the right to know our I&E?

so if they still own it, we do what you suggested in your post earlier... CCA request obviously and I would do the Subject access request unless you have all of the statements to add up the charges. 1. set up a standing order for what you can afford (realistically) to ABBEY 2. write a letter to abbey stating what you have done and why 3. write a letter to 1st credit stating you are not dealing with them and suggest they contact their client for further details. 4. Sit back and wait for Abbey's response. 5. once you have got the figure to claim back re unlawful charges send letter asking for them back and the 8% ontop this will probably be credited to the alleged account, it may take a few letters and arm bending but keep at it

we are going to prepare a letter to Abbey and ask who owns the debt, then we are going to make an offer of £50 and make the first payment at the end of the month, we are going to set up a standing order to abbey (if they still own it) or 1st Credit (if they own it). In the meantime we are going to ask for a copy of the CCA. we do own our own home. what else do we do?

wow!

so he writes to Abbey to ask who owns the debt?

I will get him to call abbey and ask, I will do it now and post back. x what does a Subject to Access letter look like?

we have stopped answering the phone now at home.

babybear - can you explain please?

will they confirm that to him over the phone? if Abbey still has it can he make an agreement to pay direct with Abbey? if it makes a difference he still gets a statement from Abbey?

its what to do without making it worse that is worrying me at the moment with this one because of how he has been treted by them. They have called the house constantly, they have spoken to my children (who are teenagers) complaining that hubby not called them back, its just been one thing after another. he is not trying to get out of paying the debt, just wanna clear it now to be honest, just wanna get it sorted and get on with my life.

how do I find out who owns the debt? I will call home this afternoon and ask hubby about the default letters. I know that abbey were still adding overlimit and default charges until about 6 months ago, the balance went up and up

its approx £1980.00 and yes Ithink its been defaulted by abbey. no CCA as yet, just been avoiding it, and offered £50 per month and they refused unless he made a down payment of £400.00, 1st Credit then sent it to Connaught, which I have found out is the same company, and I have avoided them to be honest. The last letter was saying that they were preparing court papers, so god knows what comes next.

they take the payments from my bank card as they have the details and verification number etc they have the lot.

do I still keep paying? if no response from them?, does as courtesy letter saying they will look into count as a response?

WMW, I am going to write to them today, using your letter (adding my ref details!) and ask for the CCA's, I will send a PO for £2. if I send the letter tomorrow, when do they have to reply back?

so, does that mean that no DCA can ask for proof of income or insist that I fill in an I&E form? can they refuse any reasonable payment offer that I make?

is 5% the amount that DCA look to receive?

do you know if the halifax had CCA's prior to April 2007 that were unenforceable? can BOS take me to court for not filling out an I&E form or for not increasing my payments?

If its nothing then the account is in default and they cant do anything other than send scary letters I am guessing you are already defaulted so hey ho. No more £100 each month though if they cant provide it or its flawed when you say if its nothing...what do you mean? or if its flawed?

god this is amazing, how did I not know this existed before?! ok - so what do I do first? do I ask for the CCA's ?

42Man Thanks for the post, the thing is that hubby has not made a payment to them as he is concerned that they will refuse to accept it unless he makes the initial payment to the account as 1st Credit originally stated. what do we do at the moment, I am just ignoring their correspondence to him and trying hard not to worry about it. Do we write to them making the offer or do we ask for the CCA - would that make any difference as I know that he took the card out after April 2007? feeling lost and bewildered.....

the thing is that they are going to start applying pressure to me to pay more. what happens if I dont fill out the I&E form? can they force me to increase my payments to them?

I am reading this and feeling some pain on this. My husband is being harrassed by First Credit, and now by Connaught, he is getting letters in the post saying that they are preparing court papers. The thing is that he asked to make payments of £50 per month and they refused unless he made an initial payment of £400 as it was their company policy (this was 1st Credit), now it has been passed to Connaught, and to be honest I dont know what to do for the best. he took the credit card out with Santander in May 2007, and has now probably been defaulted. Any suggestions on how to help us with this? please..

Help someone please. I am paying these people £100 per month for 2 credit cards which I had from the Halifax. I currently owe £1500 and £324 respectively. They have my bank card details as this is how they take the monthly payments. I have been paying them for 12 months now, i have never missed a payment to them. I received a statement from the halifax this week which attached a giro slip to pay £1500, I called BOS about this as I was worried and to my horror I wished I hadnt. The guy I spoke to said that my account was being reviewed and that I had to increase my payments, or else fill in an I&E Form. To top it off he made some comments about looking into my bank account to see what money I had, and said they would take me to court for non payment of minimum payments as agreed with them! I have never missed a payment. All I did was call to day that I had received this letter and what do I do? He proceeded to say that he had to tell me that my account was being reviewed otherwise he would get into deep trouble (they were his exact words). I have not asked for a CCA, I owe the money and am happy to pay it back, wished I had never got into this mess to start with but no point in looking back. Just not sure how to handle moving forward. I took these accounts out in Sept 2004, would love to get the debt written off but doubt that Halifax would put themselves in position of have unenforceable CCA. I know that I have never signed one thats for sure. If anyone can assist I would be gratefull.

Hello The Mould I only have a letter saying that they accept my offer to pay at £60 per month and £40 respectively, I dont have anything else, not sure how I post up the agreement to you? I have never denied owing the money, because I do, wished I didnt get into this mess but I have and feeling the pain for it now, especially when they threaten to take me to court for non payment and I have never missed a payment. hence why I am feeling down and out.