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DARKNOIZ

Help with retired parents credit card debt please!

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Hi

 

I have spent last hour trawling through the site to find information to help sort out my mothers problem, I have found some letters but not sure on how to proceed, brief details :-

 

Following my father death my mother has managed to run up approx £18,000 in credit card debts £9000 to barclaycard and £9000 to Lloyds, she has only just told me about this following a deterioration in her health, barclaycard have agreed to accept a payment around £80 per month but Lloyds have not responded to her calls/letters.

 

She is retired and has a part time job and realistically cannot afford £80 per month on one card let alone two, we are therefore currently paying this for her.

 

To put it bluntly we will be paying this until she dies as the £80 is not going to make any real dent in the debt and they will not accept a lower amount.

 

Is there a FAQ or guide to how to deal with this, ideally I want the bank to write the debt off as the worry is affecting her health so badly, I realise that she should not have run the debt up and if I had known about it sooner would have intervened, but whats done is done and there is no way that she will be able to pay the debt off in her lifetime.

 

Any help would be gratefully appreciated, the banks as you can imagine are none too willing to help.

 

She does not live in the UK but in the EU and owns her own property and is worried if she does not continue making the payments that she could lose her house.

 

Can anyone offer any help or guidance.

 

Thank you

 

Darknoiz

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First send them a CCA request to see if they are entitled to collect this debt & if it's enforcable. If they fail to provide it within 12+2 days or the CCA is unenforcable you can legally withold any payment until they do. Send it recorded delivery enclosing a £1 postal order. When you get a reply, scan it & remove any identifying details and post it back here where we can have a look at it. We'll advise you from there;

 

Dear Sir/Madam

 

Re:- Account No: XXXXXXXX/Your Reference Number: XXXXXXX

 

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.

 

You should also note that I will only discuss this matter in writing and should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you or any of your associates.

 

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance. (Optional addition)

 

I look forward to hearing from you.

 

Yours faithfully **Edit to suit**

Print name do not sign


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Thank you, will do and let you know how i get on.

 

Darknoiz

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If she is not in the UK she is pretty safe like me. I can assure you that they will huff and puff if she stops paying but there is little they can do. She needs to make sure there is no money in a UK bank account with a bank that is tied to the card, i.e. if it's a natwest visa empty the natwest bank a/c. My case was for far more than your mothers and they threatened everything but nothing happened. Technically they can do things to enforce but it is unlikely for several reasons. Stop paying and ignore them is my solution. Do not speak to them on the phone under any circumstances.

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If she is not in the UK she is pretty safe like me. I can assure you that they will huff and puff if she stops paying but there is little they can do. She needs to make sure there is no money in a UK bank account with a bank that is tied to the card, i.e. if it's a natwest visa empty the natwest bank a/c. My case was for far more than your mothers and they threatened everything but nothing happened. Technically they can do things to enforce but it is unlikely for several reasons. Stop paying and ignore them is my solution. Do not speak to them on the phone under any circumstances.

 

Do they not work with overseas debt collection companies? Or is this impractical due to the difference in in laws between different e.u states.

 

They have threatened to send debt collectors to her previously, this was when I found out about it and we agreed the monthly amount with them.

 

Thanks

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Myself personally would go down the CCA route as in post 2.

Do not let your mother use her usual signature to sign the letters or if she does put a line or a couple of crosses in it so you will know if anything is sent back with a signature on that it is your mothers true signature.

We can all advise you more if you go down this route, get the copy agreement and post it on the thread.

DG:)


I have no legal training my knowledge comes from my personal life experiences

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Myself personally would go down the CCA route as in post 2.

 

 

I would agree with that.

 

There are practical difficulties enforcing debts EU wide and it tends not to happen. You might as well start at the start however.

 

David

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what country did she take the CC out in, was it the UK or the EU, if the EU i doubt is the CCA 1974 applies. Also AFAIK debts in the EU become SB after 3 years, so may even pay you to stop paying.

 

If UK debt, i would be paying an awful lot less than that, we are on a pension and only pay £1 a month to each of our creditors, some even get nothing, and we owe a lot more than your mum.

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what country did she take the CC out in, was it the UK or the EU, if the EU i doubt is the CCA 1974 applies. Also AFAIK debts in the EU become SB after 3 years, so may even pay you to stop paying.

 

If UK debt, i would be paying an awful lot less than that, we are on a pension and only pay £1 a month to each of our creditors, some even get nothing, and we owe a lot more than your mum.

 

The agreements were taken out in the UK, she is writing to them to get copies of the original agreement will post when received.

 

Thanks

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