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Debt help please!


Bertybabe
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Hi all, new to this forum, but since iv'e been having a bit of trouble, I thought I'd join as suggested.

Basically I am in debt, I was managing to keep up minimum payments on 3 credit cards I owe to (plus bank now, having let me go over my agreed overdraft whilst abroad), and back in August 2007 realised I was getting nowhere, so went to CAB for advice. Well I think you all know what happens from then on, so I have taken their advice accordingly.

I won't go into detail but, what amazes me is the highest debt i owe to one of my creditors hsbc visa,(just over £3,000) the offer of payment of £1.00 a month has been accepted with no quibbles. The same bank with which I have a current account with and owe just over £1,000 have not accepted, neither have Abbey (MBNA) or Barclaycard who have now passed me onto Mercers, who have sent a letter saying they are sending round a debt collector.

This morning, I received a card in the post, (I didn't realise it was from MBNA til i read the small writing), saying 'I confirm I will be calling the week commencing 14/1/08......next Monday.

Right, thing is, the reason I am living where I am,(with my father in his council house) is because i had to give up rented accomodation to move in with him to be his full time carer as he has terminal cancer. Now I'm getting scared as, I work part time also, what if they come and he answers the door? he knows I have debts, but not how much. He would go ballistic plus it would probably make his illness worse through the stress.

I rang the CAB and the guy said, i don't have to answer the door or speak to them as no court order has been made yet, but if I'm not here, I don't want them hassling my father.

Probably more to say but can't think straight at the mo as am very depressed about it all, among other things, but any advice is very much appreciated!

Thanks.

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Hi all, new to this forum, but since iv'e been having a bit of trouble, I thought I'd join as suggested.

Basically I am in debt, I was managing to keep up minimum payments on 3 credit cards I owe to (plus bank now, having let me go over my agreed overdraft whilst abroad), and back in August 2007 realised I was getting nowhere, so went to CAB for advice. Well I think you all know what happens from then on, so I have taken their advice accordingly.

I won't go into detail but, what amazes me is the highest debt i owe to one of my creditors hsbc visa,(just over £3,000) the offer of payment of £1.00 a month has been accepted with no quibbles. The same bank with which I have a current account with and owe just over £1,000 have not accepted, neither have Abbey (MBNA) or Barclaycard who have now passed me onto Mercers, who have sent a letter saying they are sending round a debt collector.

This morning, I received a card in the post, (I didn't realise it was from MBNA til i read the small writing), saying 'I confirm I will be calling the week commencing 14/1/08......next Monday.

Right, thing is, the reason I am living where I am,(with my father in his council house) is because i had to give up rented accomodation to move in with him to be his full time carer as he has terminal cancer. Now I'm getting scared as, I work part time also, what if they come and he answers the door? he knows I have debts, but not how much. He would go ballistic plus it would probably make his illness worse through the stress.

I rang the CAB and the guy said, i don't have to answer the door or speak to them as no court order has been made yet, but if I'm not here, I don't want them hassling my father.

Probably more to say but can't think straight at the mo as am very depressed about it all, among other things, but any advice is very much appreciated!

Thanks.

 

Hi there

Right then

 

lets address the doors step call first

it is often the case that DCAs will send these documents out, 90% of the time they dont turn up

 

however, they are not allowed to discuss the debt with your father even if they do trun up as this would be a clear breach of the Data Protection Act 1998

 

Dear xxxx

 

Account Ref xxxx

 

Please be advised that I will only communicate with you in writing. I have noted your repeated attempts to contact me by telephone over the past few weeks/months and these have been duly logged by time and date.

 

Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.

 

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

 

Yours faithfully/sincerely,

 

 

send this to them, amend to suit, and that should sort the threats to visit your home, if they do turn up then get your dad to tell them to leave and close the door, they have no right to enter the property and if they refuse to leave call the police as they will be unlawfully tresspassing on the property

 

i will be back in a mo to go through the other stuff,

 

 

regards

paul

 

OH I FORGOT TO SAY DO NOT SIGN THE LETTER PRINT YOUR NAME IN BLOCK CAPTIALS

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Right then,

 

the creditors who have accepted the offers we can leave alone,

 

the ones who are being awkward we can deal with

 

can i ask when did you take out the abbey/ MBNA card and the Barclaycard, it would be helpful to know if you cant remember the exact date, the year would be fine

 

 

regards

paul

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hi pt257 .

thanks for the help, much appreciated.

all my paperwork is muddled, so i cant really say,

the barclay card is probably from about 1995, the abbey is from about 2005.

sorry i have no definate years but that is an estimate of when the cards were issued.

if that is of any help.

thanks.

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Hi,

 

well, we have something to work with.

 

the law sets out that for a debt to be enforceable, the lender must have a credit agreement containing certain terms set out by law and signed by both debtor and creditor

 

now , the law also allows you to request at any time, a copy of the agreement which they must produce within within 12 working days from receipt of such a request,now you need to send Abbey and Barclay card (or if they have put debt collectors on your case, you would send hte letter to the DCA instead of the original creditor) a request for a copy of the agreement

 

There is a template letter to be found here:http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

 

Letter N.

 

 

Is it important to start the letter:

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY in Big Bold letters.

you need to include a postal order for one pound for each request and DO NOT SIGN THE LETTER merely print your name, there has been cases where it has been suggested that DCAs have scanned signatures onto other documents nad tried passing them off as real

 

It is best to send this request via recorded/special delivery as there are some important deadlines to observe.

 

After 12 WORKING days the "debt" is in default and stays that way until the request is complied with.

If a FURTHER month passes then the DCA has committed a summary criminal offence and the matter should be referred to Trading Standards for action once the DCA continues to demand payment.

 

 

if they do comply and send you a copy of the credit agreement, then scan a copy in so we can take a look and advise on its enforceability

 

if you look thorough the forum, you will see there are loads of BC threads and MBNA ones too and many of them have non compliant credit agreements which means they cannot force the people to pay full stop

 

i hope this helps and if you want anything clarified let me know

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Hi Paul, right I have sent the first letter off today about the door caller. But the second I am waiting on your advice as in the meantime, my sister drafted a letter for me to each, and this is where I think I have made a mistake. I have just txt her to ask her if she still has it on her pc, if she has i will add it on here.

Thanks

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Hi there

 

no matter what you have sent,

 

a CCA request can be made at any point in time as it is a request laid out in law

 

now since you have written to them, what you can do is omit the words " I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY" from the CCA letter, but its important to fire this letter off to Abbey and Barclay card because the time doesnt start ticking until they recieve the letter, so the longer it takes to send the longer it will be til you get the agreement and the longer it will be to find out if the debt is enforceable or not

 

regards

paul

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Hi,

 

No the bank accounts do not come under the Consumer Credit Act 1974 as credit cards and loans do

 

concentrate on MBNA and Barclay card

 

if it comes back that BarclayCard and MBNA do not have a valid credit agreement then you will be in a strong position to negotiate whatever figures you want, in fact you could even say Bog off im not paying you a penny and there would be nowt they could do about it

 

so, you said that all the others have accepted lower payments, that should be a help

 

Regards

paul

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Also, Mercers have obviously been directed by Barclaycard, but through Abbey, I had a letter from Global Vantedge, when I sent them (GV) my cheque for the minimum, a letter came back from Abbey saying it was'nt viable as it wasn't addressed to pay them! So do I send a CCA request to all?

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Right then, if its Mercers who are dealing with the account then its mercers you CCA, they have a duty to pass the request on to the original creditor under the CCA

 

now the same rule of thumb applies to the other card

 

whoever is asking you for payment is who you CCA

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