Been a Mug!!! Need Urgent Debt Help

[blossomgreen]

Oh and charges on the overdraft.....there are only interest charges...every month. I have never not been in the red. I have had a few cheques been bounced....for about £38 each....I think there was about 5 of those. Basically I have 2 accounts with Natwest. One is a current plus (joint with my ex) It used to be advatage gold but i changed it recently. The other is a graduate account. I pften have to take money from one to pay to teh other to cover outgoings and there have been charges put on for not having trabsfered money in time for the cheques to go out. I am really new to all this so dunno where to start. If there is a thread I shpuld follow plz let me know.

 

Thanks

[creditcardmug]

If you dont get acceptable replies to your requests, in the next 14 days you can write to them placing the account in dispute, and stop paying if you wish, until they do.

 

Do an Income/Expenditure summary, dont include any unsecured loans/credit cards, to see have much you have left each month, to spread around these unsecured ones, then if you do get back any valid agreements you can write and make an offer of payment based on what you can realistically afford.

 

Oh, and dont sign any of the letters,just type your name, send by recorded and keep the receipts.

Edited January 18, 2009 by creditcardmug

[underdog13]

Have you got a parachute account, BG? Find a bank you have no other financial dealings with (and make sure they are in a separate group, (ie Mint & NatWest = RBS group), open up a basic bank account with them and transfer your essential DDs and have your wages paid into that account.

 

When Natwest deafult you (after 2 missed loan payments in my case), they bar your accounts with no warning whatsoever. This can cause no end of trouble if you don't have a separate account.

 

Also, have you had your ex's name removed from the joint account or closed it altogether? You don't want him running you up any more debts!

[Goldlady]

Subscribing to your thread. I have risen from the abyss of massive debt thanks to CAG and if I can help you I surely will.

[blossomgreen]

Hi

 

I have applied to Halifax for a basic account. I do have my mortgage with them but thats ok so far. I have had 1 default from nat west with regard to credit card....but paid minimum payment after that. I will transfer everything as soon as I get the go ahead on the account. I need it soon though so that i can arrange wage transfer.

 

my ex doesnt have a card or cheque book but i will get on to taking him off asap although I did feel that it would be pertinent to keep him on it so that we share the liability. He will get away without being liable for anything apart from that which i find hard to swallow at the min

[blossomgreen]

Thanks Goldlady .....need all the help i can get

[underdog13]

Hi

 

my ex doesnt have a card or cheque book but i will get on to taking him off asap although I did feel that it would be pertinent to keep him on it so that we share the liability. He will get away without being liable for anything apart from that which i find hard to swallow at the min

 

Hmm, you've got a point there, re joint liability.

 

Could he request a new card or cheque book if he's still on the account though? Don't want to worry you, just want to try and cover all the bases:)

[blossomgreen]

Well he is aware of the joint liability and frankly i intend to transfer the smaller debt from my sole account to the joint account just before I change bank accounts. Therefore when they freeze it they will chase us both for it. the od limit is £5000 and it is at £3400 at the moment whereas my sole account has an o/d of about £1500 so I could basically move it all across so that I am only lable for half of it. Any opinions would be appreciated on this one....

[cosalt]

Hi Blossom, I have looked into joint liability on a debt before and I am reasonably sure it means that if one party can not or will not pay their half, the other party will be responsible for the full amount, it's not a case of half and half.

 

Of course this could well work in your favour. I am sure someone will be along to correct me if I am wrong !

[GirlAloud]

Very very similar to my own situation (husband went and took one third of family income), been left with about 38k of unsecured and another 200k of mortage and secured loan. Earn a half decent salary so can keep up mortgage but unsuecured had to go. Wrote to them all (registered post about 3 weeks ago) to tell them the situation and so far (used the change of circumstances letter combined with the telephone harassment letter):

 

Tesco (credit card and personal loan - total of around 29k) - Not heard hardly anything form them. Not directly acknowledged my letter. Sent one letter asking why DD on loan had been cancelled and then another saying they had heard I was dealing with a money advice agency and asked me to provide all the information I had provided in my original letter! They gave me 28 days or they would pursue me. To their credit no phone calls.

 

Virgin Credit Card (9k) - No reponse to my letter but have writen to say card has been cancelled. Again no calls.

 

First Plus (Secured loan)- Now these where slightly different - I merely asked if I could miss a max of two payments whilst I sorted my finances. No response to me letter (though I know they received it), except asking my why I had cancelled my DD. In addition LOADS of calls to my mobile, home phone and at one stage texts!! They changed tactics last week and began making withheld calls (so I put a block on anonymous calls). I gave one of their operators rock all last sunday - he acknowledged I had no money but said calls would continue as it was 'policy'. Having said that they stopped most of last week, though I did have 3 or 4 yesterday.

 

I too was advised to go bankrupt, though I am trying very hard to avoid that and if I can keep the unsecured creditors at bay then I should manage. Good luck

[underdog13]

Have you sent CCA requests to your creditors, Girlaloud?

[GirlAloud]

No I havn't - do I use the standard letter on here? I think the only one I would have a chance with is the Tesco Credit Card (taken out late 90s I think), Tesco loan was May 07 and Virgin CC May 08. I suppose it is worth a shot.

[underdog13]

Yes, think the template letter is 'N'. Definately worth a try with the Tesco card. I recently received my application form from a Tesco credit card circa 2000 - 2001; it's a complete joke:D, so if yours is the late 90s I can't see it being remotely enforceable. At least, Tesco will be one down.

 

Always worth checking the loans, too - they may have messed up, you never know.

 

Best of luck to you:)

[blossomgreen]

Thanks for the info about joint account. I will write to all the banks etc about the overdrafts and loans as soon as my basic account is set up/ I have sent CCA requests today and now im just waiting.

 

Girlaloud ! yeah thats me 38K unsecured. £100K mortgage and £11K secured.

 

I had a loan with Northern Rock a few years ago. I suppose i should request the CCa for that too....(is it a CCA for a loan? or something else) Mind you getting a bit concerned about potential phone calls from creditors......so looks like i better get the harrassment letter ready too. I must admit now that I have finally stopped thinking that my credit rating is important i feel that some of the pressure has gone.

[creditcardmug]

Its good to see you are feeling more positive than in your 1st post, i can see you are catching on to all this remarkably smoothly, well done!

[blossomgreen]

Thanks . This thread has become a bit of a lifeline for me.....so im getting as clued up as poss to start all my potentila battles. I do have a degree in war studies so shoould be interesting to see it all unfold.

[creditcardmug]

Then im sure you will do fine, im looking forward to following your thread as it unfolds:)

[angel_1]

Well blossom - let the battle commence lol

 

following your thread too as im learning bits and bobs along the way

 

off to update my threads now

 

good luck and keep positive

 

laters angel x

[blossomgreen]

Hi there not been on for a while as i have been waiting for the outcome of my CCA requests.

Well! the 14 days are up today and so far no OA from anyone....thats Barclaycard, Tesco, Mint & Nat West.

 

Had a phone call from Barclaycard today telling me that I must pay £260 from my debit card as they hadnt received a payment in Jan. (I have cancelled all of my CC DD's and have lettesr ready to send with a nominal pament. However stopped myself from sending them as I didnt want to send anything with a signature whilst I am in the 14 day period of the CCA request.

 

I didnt pay that much as my minimum payment anyway. I flatly refused to play ball with her. I did explain that I had not yet received the CCA and the 14 day perod was upand she said 'I understand what you are saying'. I could hear her typing all the time. I also said I was talking to CCCS re DMP but hadnt had interview on phone yet when she asked me for a reference number. I said I dont have one yet and I certainly didnt have the money so under no circumstances would they get the money. SO! to all you old hats at this (not literally either) did I do everything right or does anyone have any tips (apart from changing my number lol)for future calls as I anticipate I will be getting a few of those.

 

So what do I do next? any ideas?

 

Oh and I have had a 2 month break from Halifax regarding my mortgage. I will go into arrears but whats the viewpoint on this one too? They ahve also offered that I pay interest only for a while to help me with my monthly outgoings. Any advice would be welcome.

 

Thanks again in advance.

[creditcardmug]

A couple of tips,

 

Dont sign anything..just type your name

 

Dont speak to them on the phone...keep everything in writing

[blipvert]

Good to see you're starting to take control of the situation, a Q, have you opened up a parachute account yet, it is very likely you're going to need one.

[blossomgreen]

Hi

 

Yes I have and have just started having my wage paid into it so can ensure my priority debts are being taken care of.

Had more calls from Barclaycard. mobile and landline. They say call from bcard press any key to continue ??? whats the point of that?? Also had a text from Mint today.

Seems like it is all kicking off now! NO CCA's so I suppose I write to them now saying that the CCA is in dispute.....and alss send harrassment letters at the same time. Any suggestions? greatly appreciated

[blossomgreen]

Hi

 

Update as to CCA requests. I CC'd 4 creditors. Response so far from 3. They are as follows. Nat West have sent a signed credit agreement dated 2002. Mint have sent CCA agrrement with tick boxes no signatures. They have also said that I ticked insurance.(must have done this on-line) How do I stand with that one? Finally Tesco have just sent me a load of photocopied information and a last statement. No agreement signed by me so looks like they aint got one for that one which I thought would be the case. I havent heard from Barclaycard other than phone calls and texts. So I will semd them the default letter.

 

What I did find strange was that all the CCA letters were obviously hand written by the same person. But I posted them to different locations. Anyway any advice would be great.

[creditcardmug]

Hmmm....interesting, natwest and mint are actually RBS, and tesco is administered and was half owned by RBS...so infact it makes sense that they could have all come from the same place...but very sinister if all with the same handwriting??

 

Anyway you will need to post up what you have got, i suggest you keep one on this thread, and start new threads for the others, you can use photobucket to post up the docs (make sure you cover up anything which could identify you.

[creditcardmug]

Heres a letter to send to Barclaycard in case you need it,

 

I DO NOT AKNOWLEDGE ANY DEBT TO YOUR COMPANY

 

 

 

Re: =

 

Dear Sir/Madam

 

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 the DATE I wrote to you requesting a copy of the credit agreement and other information under the Consumer Credit Act 1974 (Sections 77-79).

 

On DATE a member of your staff signed for delivery of my written request and I have an electronic proof of delivery showing their signature and the date.

 

To date you have failed to comply with these requests in any way, whether by confirmation of receipt of the request or by supplying the requested documents.

These documents I requested should be readily available as proof of your legal right to collect this account under the Consumer Credit Act 1974.

 

In my letter of the DATE I made a formal request for a copy of the signed, executed credit agreement for the above account under section 77(1) of the Consumer Credit Act 1974. 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 you enter into a default situation.

 

 

 

This limit has expired.

 

As you are no doubt aware section 77(4) 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 21 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 will be reporting your actions to any such regulatory authorities as I see fit.

 

Yours Sincerely