in debt with loans and credit cards help

[kell4040]

hello i am new to this but after reading the posts i hope someone could help me.

 

me and my ex split up over 1 year ago we have house in both our names he was in work but was made redundant a few weeks ago.

 

he helped with the payment towards the mortgage and the loan we got when we took it out in jan 06 this was a secured loan,

he has 2 other personal loans with A&L amounts of ( £6000 loan left to pay £3800) and ( £5000 and left to pay £2700)

both have 2 1/2 years left on them we got them over 5 years and never missed a payment on these until now.

he also has these credit cards that were online applications

 

virgin credit card £3450 0% has just finished on this cant get another card

barclay card £3800 same on this card

MBNA £3000 0% until jan 2010 pay min of £25 month

 

i have sent letters to all these people explaining my ex situation with one of the templates off this site

and am waiting for a reply we didnt take out any insurances on any of these cards or loans as they hardly ever pay out and they cost a lot.

 

my ex has been down to the doctors as he has started drinking heavy and has depression some days

he doesnt even no what day it is i hate to see him like this and am scared of what he may do to himself

he has always worked and always paid his way.

 

he is now on benefits and has looked for work but the way things are there is nothing out there.

we are so worried as this month we cannot afford to pay these bills only the mortgage and loan on the mortgage

my parents can help a little towards this but not for long

 

 

what will happen with my home we got it from the council 3 years ago got it for £76k plus the £10k we needed for repairs to it,

the house was worth £104k and council took off £26k but put a charge on the house so that we cannot sell for 5 years

or they would want some of the money back so the bank has first charge and council 2nd if anything should happen.

we pay £350 a month for mortgage.

 

what would the best way to go about this can anyone help please.

[cerberusalert]

With the credit cards you can send CCA requests to the creditors. They will send back a copy of the agreement which if you scan it remove personal details and post back up, we can have a look at to see whether it's enforceable. Start a new thread for each card. Send them this letter recorded delivery enclosing a £1 postal order & do not sign the request, just print his name. http://www.consumerforums.com/resources/templates-library/86-debt-collectors/581-cca-request-letter.html They have 12 working days to provide you with an enforceable agreement. If they fail to do so you can send an 'In dispute' letter and withold payment until they do.

 

You don't mention whether there are any excess charges on his cards. If there are you can send a SAR which will cost £10 and they would have 40 days to provide you with the information. From this you would be able to determine what unfair charges have been made & reclaim them thus reducing the amount owed on the card. http://www.consumerforums.com/resources/templates-library/86-debt-collectors/576-subject-access-request-debt-a-dca.html

[kell4040]

hello there are no charges yet as it is only this month that we cannot pay any of them all the cards were done online and done after the dead line of april i have sent them template asking them to hold intrest and to ask for reduced payments i am hoping they will do this as we have never defaulted on any of them until now thanks

[cerberusalert]

The important thing is to keep up with your mortgage payments, credit card debts are not classed as priority debts so they are bottom of the pecking order when it comes to repayments. They could in theory apply a Statutory Demand, but given that there are two priority charges on the property they would be unlikely to bother. They may try for CCJs against him, but this is a long way down the road. So even if they suceeded because of his circumstances a judge would only order him to make minimal payments, which could be as little as £1 per month.

 

So after saying the above, the best thing he could do at the moment would be to make token payments of £1 per month to his creditors. Some credit card companies will accept this for a time without too much fuss, whilst others can be a bit tetchy about it. But it doesn't matter as long has he can show that he is making some attempt.

[kell4040]

hello

 

 

i have a few credit cards that were made online,

is there any point in sending a cca request as people dont have a leg to stand on with these,

 

 

i have sent off for cca as my ex lost his job and cannot afford the repayments so not trying to get out of paying but the cca were sugested to me in my last post

 

 

i feel what is the point if they were taken out online

so they have a digital tick were you are ment to sign.

 

 

they can come up with anything as it was made online.

[deathbycrayons]

Subbing..

[IdaInFife]

you can still send but to be honest withit being online and recent they will have what they need.

 

here is alink to help with template letters to send for reduced payments:

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

 

ida x

[kell4040]

hello i sent the template for pre protocols part 31.16 to mbna,virgin,a&l,barclaycard not one of them have reply

i sent them a request for cca on the 5th may then a default letter on the 10th june

the last letter was on the 7th july part 31.16 giving them 21 days to reply

all i get back from them are demanding payments letters and phone calls what do i do now

[cerberusalert]

See the reply in your other post http://www.consumeractiongroup.co.uk/forum/general-debt-issues/203665-l-no-reply-cca.html