Unsecured loans

[run4way]

Hi

I'm new to the forum and I'm in a real mess. I took out unsecured loans with Egg (10k), Barclays(15k) and Alliance and Leicester(10k) MBNA credit card (2k) Barclays overdraft (2k). Egg and Barclays loans were taken out before 2007. I was under a haze of anti-depressants and made really stupid choices. All my fault at the end of the day. So here I am now avoiding letters and phone calls from debt collection agencies. I wrote to Alliance and Leicester and Barclays 3 weeks ago and lied saying I was getting help with my debts and could I have 30 days cooling off period I also wrote to them and gave them a new address. I wanted a change of address so they dont have my home address. My main concern is if I get taken to court and CCJ is passed am I at risk of losing my house. The mortgage is in both our names but the debts are all unsecured and in my name only. Any help would be appreciated.

[berrylover]

Ok, they are unsecured, they cannot take your house.

 

Write to each of the companies with this letter, (apart from the Barclay's overdraft which isn't covered by a CCA) send them unsigned, by recorded delivery and with a £1 postal order in each. You are asking for a copy of the Consumer Credit Agreement, which they need to produce within 12+2 working days of your request or the debts become unenforcable until they do produce one.

 

The second part of the letter is basically telling them to stop harrassing you.

 

 

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY.

 

 

 

Re:

 

 

Dear Sir,

 

With reference to the account above I would be grateful if you could send me a copy of the signed credit agreement.

 

I understand that under the Consumer Credit Act 1974 (sections 77-79); I am entitled to receive a copy of the credit agreement on request. I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

 

I understand that a copy of the credit agreement should be received within 12 working days.

 

I understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

 

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

 

I am of the view that your 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 OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

 

Furthermore, 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.

 

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.

 

Please treat this also as a formal complaint, and send me a copy of your company complaints procedure.

 

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

 

I await your written confirmation that this matter is now closed.

 

Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

 

 

I look forward to your reply.

[dcakiller]

Send them the above letter remember it is for the dca to prove you owe a debt not for you to prove that you dont. and if it ever went to court the judge would only order you to repay what you could afford and aslong as you pay said anount there is fu*k all more a dca can do ie they can not send round bailiffs or take money off your wages.

Edited July 27, 2009 by dcakiller

[run4way]

Thank you for such a quick reply. I'm going to Devon for a few days, just to clear my head and then hopefully when I return can take things full on. This is the first place that has made sense. Wish I had found you guys sooner. Now I'm just going to ignore the text messages from MBNA and have a nice cup of tea.

[run4way]

Just another thought. I had payment protection insurance - I have always been employed full time. Why was I sold this I haven't had any benefit from it. In fact MBNA got back in repayment more than the loan amount in payment protection

[dcakiller]

If the ppi was missold or just added to the loan and you did not have a choice then claim it back.

[berrylover]

Thank you for such a quick reply. I'm going to Devon for a few days, just to clear my head and then hopefully when I return can take things full on. This is the first place that has made sense. Wish I had found you guys sooner. Now I'm just going to ignore the text messages from MBNA and have a nice cup of tea.

 

Get the letters sent asap. It will make you feel a million times better.

[run4way]

Hi everyone

Got back from Devon and got struck down with the lurgy! Just about resurfacing today. On the 27th received a text from MBNA saying contact us before 5pm for some v important info. I also had a letter from dca saying your case is being considered for legal action since then havent heard a peep out of them. What are they up to? Cant even be ill be without worrying about what going to happen next. Seems to be taking over my life. Doc just put me on anti-depressants for stress. Just wish it would all go away or at leat give me a break for a year so I can sort myself out.