Unenforceable Credit Cards! HELP!

[blueruin23]

Hi, I'm totally new to this whole forum stuff along with what seems like a lot of people. Basically I'm about £10k in debt and now moved back in with my parents, although I am managing the repayments (just) unless I get these sorted I'll be living here forever!! My debts are as follows:

 

HSBC overdraft: £1850.00

Natwest overdraft: £2000.00

HSBC Credit Card: £1500.00 taken out in about 2004

Egg Credit Card: £730.00 taken out in 2008

Mint Credit Card: £4180 taken out in about may 2007

 

I really want to get this all sorted out, ideally without having to pay someone to do it. I have looked at the template letters and things but I'm totally baffled about where to start and what to do!!

I'm also concerned about starting the process and my creditors requesting the money back in full which I know i can't pay. At the moment I cant even get a loan to consolidate my debt!

 

Please please help

Thanks

[Abby25]

Hi and welcome .....

 

I'm no expert on here, but have recd great advice from those who are, and sure one of them will be along soon to add to your thread.

 

The first thing you need to do is check if the agreements you have with your credit cards are enforceable, to do this you need to get a copy of each agreement.

 

Have posted the template letter to use below, send it off to each ccard provider, together with a postal order for £1, send recorded delivery, and MOST IMPORTANT ... DO NOT SIGN THE LETTERS ..

 

They have 2 & 12 (working) days to come back with a copy agreement before the accounts are in default, if the don't you are then quite within your consumer rights to suspend payments until they do !

 

Once you get a reply with the agreements, scan and post up for the experts to have a look at ... if there are any weak areas on the agreements provided, they will spot it and give advice on how to proceed... or give general advice on your options at that point !!

 

From my own postings, overdrafts are a difference kettle of fish as they are not regulated by the Consumer Credit Act, and are operated under difference legistlation. Maybe one of the experience bods could help further ?

 

But from what I understand, best solution is to try and come to a repayment plan with them. (letters for that on the template letter site as well).

 

Heres the template letter for CCA request .. good luck ... and keep posting, there's help all around you now .... !!

 

 

1 High Street,

Newtown,

Kent

R21 4RH

 

 

June 28, 2006

 

 

The Loan Company

Company House,

Church Street,

Newtown,

Kent,

R1 7HG

 

Dear Sir/Madam

 

Re:− Account/Reference Number 4563210025897412

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

We look forward to hearing from you.

 

Yours faithfully

Mr A N Other

[cerberusalert]

The above letter is fine for the credit cards but you would need to send a SAR for each of the overdrafts. These will cost £10 each and the bank would have 40 days to supply you with the data they hold on you. Then you'll be able to dtermine whether any unfair charges have been made, and then begin to claim them back.

 

Data Protection Act 1998

 

Subject Access Request

 

Dear Sir/Madam

 

ACCOUNT NUMBER: xxxxxxxxx (or multiple numbers if more than one account)

 

Please supply me with all data that you hold on me. This includes in particular, but is not limited to, the following:-

 

1. The original signed, executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

3. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with ORIGINAL CREDITOR.

4. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

6. Details of any collection charges added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

7. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

8. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

9. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

10. Copies of statements for the entire duration of the credit agreement.

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply. If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

 

Yours faithfully,

 

 

sign your name but put crosses through it so it can't be lifted

[dx100uk]

you might find it beneficial to contact one of the many free debt management co's like CCCS or payplan too.

 

they will be able to negotiate with all you creditors on your behalf, leaving you with one lower payment to them which is manageable to you.

 

dx

[blueruin23]

Do i really need to send a postal order or can i send a cheque? I hate having to go to the post office as I hardly ever get time for a lunch break at work. Is their anyway to buy a postal order of equivalent online?

[yourturntopay]

A trip to the post office will be neccessary as its best to send your CCA request by signed for post - that way you have proof it was made and they received it. Otherwise the company could deny receive the request.

[blueruin23]

Postage is not a problem as this can be purchased online, even for recorded delivery, but I'm not sure if you can do this for postal orders or send something equivalent? Thanks x

[cerberusalert]

The reason it is advised to send POs is because it has been alleged that the more creative staff of some DCAs have used Photoshop to provide an enforceable CCA from signatures provided on letters & cheques.

[blueruin23]

Ok! so I have just made a trip to the post office and sent my letter off for my mint card with the postal order enclosed. What is the next step? Do they have 12 working days or just twelve days? Has anyone else had any success with mint cards??

Thanks

[dx100uk]

12+2 [working days] just to be fair on the posting!

then you can consider stopping payments until they do [ever] produce a legit agreement copy.

 

dx

Edited March 16, 2009 by dx100uk

[Abby25]

Hi ....

Just to let you know I CCA'd Mint, and recd back a generic copy of a credit agreement, and T&Cs - their covering letter stating that they do not have to send a signed copy under the terms of CCA request made.

 

So I have CPR'd them, and await what they come back with ... if you want to keep track of my thread this may help you, as I'm obviously a little ahead of you in the game .... I'll also keep a look in on your thread

Heres my thread if you want to take a peek ...

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/188785-mint-what-load-rubbish.html#post2035708