£65,000 in debt and a CCJ in arrears - help!

[mikebarc63]

Hi there,

 

Can anyone point me in the right direction?

 

I owe about £65,000 in unsecured debt.

 

I have one CCJ (to Barclays) for £11,000.00. I'm 6 months in arrears with this but have started payments again after having received a Notice of Attachment of Earnings ranings from the Court which I completed and returned with an offer to continuing the payments. I am self employed and earn about £1000 per month after being unemployed since July 2006.

 

Anyway, I have seen those ads that say your credit agreement may be unenforceable - as I understand it - it is something to do with clauses in the agreement that relate to insurance - is there anyway I can go after my creditors based on this - or should I just declare myself bankrupt?

 

Thanks for taking the time to read this and for any replies you might send.

 

Mike

[maroondevo52]

Hi, Mike.

 

I'll move you to the DCA Forum for now, maybe shift you again if no joy.

 

Regards.

 

Scott.

[Pinky69]

You can ask your creditors for copies of the agreements to check whether or not they are enforceable. This has to do with whether all the elements legally required of an agreement are there, not the mis-selling of insurance,which would be a separate claim.

 

Creditors and DCAs - Letter Templates & Budget Planner

 

Scroll down to Letter "N". Enclose a £1 postal order and send by recorded delivery. Print, don't sign, your name.

[sportsflash1]

Hello Mike,

Just as Pinky says and then see what they come back with. I wouldn't bother with these companies who check your agreements (for a fee), there has been a lot of discussion about them on here and it is generally agreed that you will get just as good if not better help from this group for free.

[hollywoodhenderson]

Hi Mike, with my £75k unsecured debt I felt like a complete outcast, like anyone else with £25k debt or similar was in trouble, but I

[mikebarc63]

Hi Hollywood,

 

Thanks for replying.

 

Looks as tho your reply was cut short.

 

What were you going to say?

[mikebarc63]

Please can anyone tell me where the SAR template letter is?

 

I tried looking at the templates but could only see letter N which is the CCA letter.

[maroondevo52]

Hi,

 

This is the SAR for charges...........

 

http://www.consumerforums.com/resources/templates-library/48-bank-templates/110--data-protection-act-1998-subject-access-request-

 

There's another one for more information.........

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/576-subject-access-request-debt-a-dca

 

Regards.

 

Scott.

[mikebarc63]

Thanks Scott,

 

I was going around and around in cricles this is going out to Hamptons Legal on behalf of a Capital One credit card

Mike

[maroondevo52]

Hi,

 

I't's always better to SAR the origional creditor, use the 2nd one for a DCA.

 

Regards.

 

Scott.

[sam614]

Thanks Scott,

 

I was going around and around in cricles this is going out to Hamptons Legal on behalf of a Capital One credit card

Mike

 

 

:eek:no no not wasting a tenner SAR on the leeds losers for a crapital 1?

SAM:pLOWELL DETESTER

[mikebarc63]

Cheers guys,

 

So is a SAR A waste of time to these guys, how about just a letter asking for a copy of the Credit agreement?

[sam614]

presume from hamptons,its lowell on your case.

cca lowell..

SAM:pLOWELL DETESTER