I Need Help

[ThewarstartsNOW]

Thank you for your reply. I have used these templates, but I have adjusted for banks that have sent me statements, by adding the amounts that they have charged plus the interest on top of these charges. Is this okay?

 

Should I also include in the letter that the account is in dispute and they are not allowed to contact me etc until they send the requested documents?

 

Also, should I include that as they do not have a valid credit agreement that I want them to amend the credit file as they have updated it unlawfully due to not having my consent etc.

 

Thank you for your advice

[ThewarstartsNOW]

I am trying to work out exactly where my father stands if there is no credit agreement, is the following right:

 

1. He can get the debt written off

2. He can claim back any unfair charges plus the interest added

3. He can claim back any payments made under any insurance related product that was purchased with the card

4. He can demand his credit file is updated as settled and any defaults removed

5. He can demand compensation for the harrassment (bank has supplied a list of how many times they have called him, sometimes 15 times a day) and stress caused to him. He is now an alcoholic, and has basically split up with his wife, and is not the man he used to be.

 

The big question for me is can he demand a refund of all payments made to the card issuer, as well as any interest charged ??

 

PLS ADVISE, thank you

[ThewarstartsNOW]

I ask about all payments made to the card issuer, because if they did not have a lawful credit agreement, then he did not have to pay, but they made him believe that he had to pay and that he was in a legally binding agreement.

 

Thank you for your time to help me

[ThewarstartsNOW]

Any advice would be greatly appreciated

[ThewarstartsNOW]

Pls help

[cerberusalert]

1. He can get the debt written off

The debt still exists, it's just unenforceable.

2. He can claim back any unfair charges plus the interest added

If it's uneforceable there's not much point in reclaiming unfair charges as they will be offset against the remaining balance.

3. He can claim back any payments made under any insurance related product that was purchased with the card

Same answer as above.

4. He can demand his credit file is updated as settled and any defaults removed

He can try but it would be difficult, see; Knocked back by a DCA on a Sec 10 notice? - The Consumer Forums

5. He can demand compensation for the harrassment (bank has supplied a list of how many times they have called him, sometimes 15 times a day) and stress caused to him. He is now an alcoholic, and has basically split up with his wife, and is not the man he used to be.

That would be even harder to do.

The big question for me is can he demand a refund of all payments made to the card issuer, as well as any interest charged ??

No because even if the debt was unenforceable it still exists and would be considered as 'unfair enrichment'.

[ThewarstartsNOW]

Thank you very much for your assistance.

 

I thought that he could reclaim the unfair charges and any mis sold insurance premuims paid to date, and that he could ask for these to be paid directly to him by way of cheque?

 

Also, I thought a bank calling you 15 times every day for the last few months would constitute as harrassment, which is illegal? And bearing in mind the person is now a full time alcoholic and he is now getting divorced and his family have all gradually stopped seeing him due to his extreme mood swings, coupled with him being a diabetic and aged 63, I thought I might be able to try to get some sort of harrassment compensation?

 

In regards to the credit file, I see you have mentioned he can try, and so I will be trying my best on this, just so you know, my father has had most of his cards for atleast 10 years, and the 40 days SAR has now passed by over 10 days, and most of the credit card issuers have not sent anything or just statements (barr two - AMEX and MONUMENT - they have sent applications which I have scanned in previous posts), it would seem they have no agreements, and so I thought this would mean they were not allowed to process his data? As there is no agreement in place between the two parties.

 

I really want to sort this out for my father as it is having a very heavy impact on his life, he has always been a man of principles, whereby he pays back anything he borrows, but I dont see how this will allow him to survive, and so I have told him I will do all i can for him, as it is a question of survival.

 

Your help and advice is hugely appreciated.

[ThewarstartsNOW]

Any advice will be hugely appreciated

[The GodMother]

he can claim harrassement from the company. if he has wrote to them asking them to stop calling then anything after that is harrassement. I have sucessfully won against C1

 

This is my C1 thread.

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/152586-cap-one-have-lost.html