Just about to default on my creditors - advice needed

[cashdesk]

Hi everyone,

this is my first post, having been directed to this forum by some friends.

My wife and I are contemplating bankruptcy but I would prefer to explore other options first.

I have been to CCCS and they calculated that based on our current income we would have just £23 a month left over after paying all priority debts, so they wouldn't consider a DMP.

Our unsecured debts are £63,000 and we were managing to pay everything up until the last 18 months or so. When we realized that things were going to get worse I started my own limited company in order to make some extra money in my spare time but that didn’t bring in much at all. I worked every evening and weekend for 18 months but at this late stage I just don’t have the money for the marketing. The company doesn’t take much to run (about £400 per year if I have no sales) and so I don’t want to lose it after all the hard work I have done. Instead I want to offer my services for free for a year and then charge a nominal fee of around £20 PA if the customers want to keep using the service. This would bring in some extra income 12 months down the line.

My wife no longer works, we have twin girls approaching 3 years old and the total household income is £2100. Our total outgoings are around £3400 (£2800 debts/utilities, £600 food/car/clothes). I am currently contracting but have been offered a full time position with the company on around £32000, which will bump up the income by about £200 a month.

I am currently reclaiming my PPI from First Plus, which should bring the payments down by another £90 a month.

With only about £250-£300 per month to play with, would the banks entertain me if I asked to make reduced payments and freeze interest?

I want to cancel all direct debits to them and write to offer reduced payments from September on a pro rata basis rather than go straight for BR because it will show that at least we tried to come to some arrangement with our creditors. I have also seen a few posts on here stating that if I didn’t sign a credit agreement, the debt is technically unenforceable. Is that correct? I can still afford to send in a Subject Access Request to each of the companies but rather than sending the maximum £10, is there a standard amount just for my original credit agreement?

One thing that concerns me is that last month I did a balance transfer from MBNA (charging more in interest than the minimum payment, so the balance on the card was INCREASING each month) to Barclaycard at a rate of 6.9% (MBNA wanted to raise it to 34%!!). I don’t think they will take kindly to me suddenly defaulting, especially as Barclays are the parent company of First Plus, who I am challenging for the PPI.

I would greatly appreciate any advice.

[desigaand]

this is a letter that you can send to request a copy of your credit agreement.

 

it costs £1.00 for a copy.

 

we advise to send postal order and to write on the back what it is for, they are known to credit it to your account.

 

keep a copy of it, and get it recorded delivery.

 

once they receive the letter they have 12 working days to send the agreement to you, after that they are in dispute. They then have a calendar month to rectify it.

 

here it is:

 

Their name and address

 

 

Your name and address

 

date

 

Account Number: ********

 

 

 

Dear Sir/Madam

 

I do not acknowledge ANY alleged debt to your company. I require you to supply the following documentation before I will communicate further on this matter.

 

1. You must supply me with a true and signed copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for rolling sum credit) - your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee, PO Serial Number *******

 

2. If this alleged debt has been sold to you (eg for a debt collection agency), please supply me with a signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

 

3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

 

4. Non-compliance with my request will result in a report being submitted to the relevant statutory authorities.

 

5. As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

 

6. Furthermore you are reminded that under s78 sub section (6) whilst the default continues you are not entitled to enforce the agreement in law.

 

 

Yours faithfully

 

[Your name]

[dx100uk]

try this one

it does not contain the bits about denying the debt:

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/581-cca-request-letter

 

dx

[cashdesk]

Thank for those.

 

I have come nto a little money to keep making my payments fo the next couple of months but I would still want the original credit agreements to see which ones I can put to the back of the queue.

 

Do I have to mention all of these details when requesting my document:

 

Re:− Account/Reference Number XXXXXXXXXXXXXXXXXXXX

This letter is a formal request pursuant to s.78(1) 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(6) will apply.

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.

 

I was hoping to write just the following:

 

Re:− Account/Reference Number XXXXXXXXXXXXXX

I have been looking through my accounts and don't seem able to find a copy of the credit agreement relating to this account.

In order to bring my records up to date could you please send me a copy which bears my signature?

 

I enclose a postal order (number XXXXXXXXXX) in the sum of £1.00, which I believe is the statutory fee.

 

Would that be okay, or do I need the full details and relevant sections of the Act(s)?