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Newbie Credit Card debts - help please


scottlewis
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I am so pleased I have found this site I have been told that you are all very helpful and many in the same position as me. I have got myself in much debt with credit cards and it is cripling me with the repayments purely because of the minimum payment is so high and nothing seems to be paid off the debt. I keep getting calls at work especially from MBNA. I have requested a copy of the CCA from the companies and wonder if anyone could plesae plesae tell me what to do if and when I get these. How do I know they are enforceale and also if they are can I offer to pay them a nomnial amount of money each month. Will they stop the interest which is ridiculous. I also own a property am am worried sick they can put a charging order on it. Please please help me I am sure you will.

 

Many thanks to everyone

 

Scottlewis

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Hello and Welcome,

 

First thing I'd say if thats your real name your using as your Username, send me a PM and I'll ask Webmaster to change it, as DCA's ect are known to troll these Forums ;)

 

Best thing to do is start a new thread in each of your creditors Forums, giving some detail of the debt ect, when you receive a CCA, post it up on your thread for people to have a look and advise.

 

If you need any help with that just ask :)

 

Regards.

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Hi Scott,

 

When you receive paperwork back from the companies, scan them and post them up on her for folk to pick at.

 

Ida x

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Hi,

 

As long as you have a scanner, You could try Photobucket.........

 

Image hosting, free photo sharing & video sharing at Photobucket

 

There's a tutorial here.........

 

http://www.consumeractiongroup.co.uk/forum/bear-garden/165941-photobucket-video-tutorial.html

 

I take it your dont want to change your username ?

 

Regards.

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Hi, as above, you're best off scanning the CCAs onto here for further advice. MBNA are well known for having a bad reputation with clients, in the way they talk/hassle people.

Have you considered entering into a debt management plan? This way, you can make payments that you can afford into the plan which will be distributed to all creditors. If you do receive legal action such as charging order applications, your debt management company can then deal with this on your behalf.

Best wishes

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  • 3 weeks later...

Please please can someone from this helpful site advise me. Can you please confirm to me the time I have to give to receive my CCA todate I have not received it and it is 12 days but not working days and they keep on calling me at work. Please can you let me know what letter I can write to them one the time limit is up for the next stage. I would be so so grateful to all you helpful pepole.

 

Kind regards

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when 12 + 2 is passed you can send them: edit to suit:

 

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**.(12+2 days after you sent the CCA request)

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 therefore request a copy of your official complaints procedure which you are obliged to supply.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

Yours faithfully,

 

 

and you should send them this to stop the calls:

 

Your Street

Town

City

Postcode

 

DATE HERE

Company Name

Road

Town

City / County

Postcode

Re: Harassment by telephone

 

ACCOUNT NUMBER: XXXXXXX

Dear Sirs

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)

I now require all further correspondence from your company to be made in writing only.

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to, FOS, OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

Be advised that any further telephone calls from your company will be recorded.

 

Yours faithfully,

 

[NAME HERE]

 

 

ida x

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