Help to write my credit card debt off

[reclaimone]

Hi everyone,

 

I am currently in financial hardship and would like to know best way of writing off credit card debt.

 

I am going to send off my letter tomorrow to credit card cretins to request copy of my signed agreement with £1 cheque.

 

I would appreciate any help along the way.

 

Ta

[maroondevo52]

Hi, reclaimone.

 

When you say you want to 'write off your Credit Card debt' are you saying you want to get your creditor to accept a full and final offer from you ?

 

Regards.

 

Scott.

[shammy36]

Hi

 

I do hope that you mean you need help to resolve your credit card debt problems, and not debt avoidence, as this is not what cag is about

 

Sham

[pt2537]

Having spoken to Reclaimone, i can say that he is looking for assistance with his debts and dealing with the usual problematic DCAs etc

 

He is sending off the CCA request to establish the legal validity of the debt first so that he can see what routes and options are open to him

 

I trust this little snippet helps

[maroondevo52]

I trust this little snippet helps

 

Yes, lets us know what kind of car we're driving

 

Regards.

 

Scott.

[djc]

can we have a pint of what you all are enjoying it appears to be rather toxic.

 

djc

[pt2537]

can we have a pint of what you all are enjoying it appears to be rather toxic.

 

djc

well, mines a pint of cold carling, thats so long as maroondevo's buying

[shammy36]

Sorted !

[reclaimone]

I have not heard from CC provider yet! Is there a follow up letter i can send?

[42man]

If they haven't responded within the 12+2 working days then send them this by recorded -

 

Account In Dispute

 

Ref:

 

Dear Sir/Madam

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

You have failed to comply with my request, and as such the account entered default on **DATE**.

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore

 

 

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation.

 

This limit has expired.

 

As you are no doubt aware section 77(6) states:

 

If the creditor fails to comply with Subsection (1)

 

(a) He is not entitled , while the default continues, to enforce the agreement.

 

Therefore this account has become unenforceable at law.

 

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

 

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

 

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you not respond within 14 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY

Action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

[reclaimone]

Thanks for your help 42 youre a star!

Also I signed my original letter to MINT, will that cause me a problem?

[reclaimone]

I have finally recieved copy of signed agreement etc. Please will somebody tell me how to upload my scanned documents onto this post?

[fedup74]

Hi you need to sign up to Photobucket (it's free) and follow the guidelines below. Originally written by Fuzzybobble and stolen off silverfox:D Cheers guys

 

1, Scan your DCA letter/whatever you want to show on the forum.

Ideal setting is 100dpi as it's closest to computer monitor display resolution.

 

2, Save the scanned image as a jpeg

Step 2.5 Edit out any personal information, barcodes or any other comments, notes or markings around the edge of the document. Never change the original document you received

2.5, Load the saved image into MS Paint. (comes free with Windows.) Use the pain brush or spray can to remove/paint over any personal info, such as name, account number, address, etc. Also remove any barcodes, as some DCAs may be able to identify you from these.

 

3, Create an account on Photobucket.

 

4, Once you have a Photobucket account, you'll find on the main webpage little box where you can upload photos. Click the "upload image" box and then tell it where on your hard disk you saved your scanned jpeg. It will then upload the image to Photobucket and it will show you thumbnails of the images you have uploaded. Under each image there are links that you can copy and paste.

 

5, Copy the IMG link below the image you want to put on the forum. Then reply to thread on CAG. Right click with the mouse and select "paste" from the little menu that pops up.

 

6, You'll then get some text appear in your message that looks a bit like this.

 

 

When you submit the reply, the text will change into the image you uploaded onto photobucket. The text you copied and pasted is just the information the forum needs, so it knows where to find your photo and display it in your message.

 

 

Courtesy of Fuzzybobble and silverfox

[42man]

There is also a tutorial here which is pretty good - http://www.consumeractiongroup.co.uk/forum/bear-garden/165941-photobucket-video-tutorial.html