Have i left it too late?

[fredddi]

i am currently being pursued for 4 credit card debts on which i have been unable to pay. due to frankly having the worst year of my life.

 

TBH i have frankly ignored them for 8+ months now (i know i know worst thing to do) my last communication from me was basicly a phone call saying i was taking debt advice and would be in touch. after which i have not responded to any communication. due to being away for several months until recently.

 

they have been passed to DCA's who are now pursuing.

they have issued several final demands as well as some offers of reductions for full payment etc etc but i am in no position to take them up on these offers. as i currently have zero income at the mo.

 

i did make a claiim against charges through a claim company which i won with 2 of the cards which has been taken off what i owe but now i owe the claim co money (wish id found this site earlier)

 

these credit cards are pre 2004.

2 are with bercly crd 1 of these was with someone else originally but to be honest not sure who it was maybe m b n a or gol dfi sh or r b .s???

1 cittti bnk

1 eg

total around 7k

 

My questions are what can i do from here?

can i pursue the non enforcable angle as they are all old or is it too late for that due to being passed to dca?

what can i do from here to delay the court action until i can sort out my income?

and these cards are at my parents address as that is where i originally applied for them from but have not changed the address if i change my address now will this take the bad debt/credit issues away from that address or is it too late for that and can the dca's take any action against that address as i no longer live there?

 

apologies as i know all these questions have already been asked i tried to search the threads but hard not to get confused

 

any advice very much appreciated or pointers to useful threads for me

as im very much bemused and concerned by the whole situation:|

[Guest Cartaphilus]

Send whichever DCAs this letter by recorded delivery, DO NOT SIGN but PRINT your name, then wait 12+2 days for a reply and pay £1 using a postal order do not use a cheque as it would contain your signature and banking details. Do nothing, don't reply to anything until they comply with this request. Whatever they reply with post it here for further help:

 

Dear Sir/Madam

 

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).

 

If you intend to send a reconstituted copy of the CCA you must declare the reason why it has been reconstituted and if the original exists and in what form (microfiche) etc.

 

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 look forward to hearing from you.

 

Yours faithfully

It makes no difference at all if these debts have been passed to a DCA, in fact it usually makes it easier to be dealt with if they don't have the correct paperwork ie credit agreement. Also, what default notices have you received prior to them being pass to a DCA? Sometimes they are not worded correctly and things can be done in that direction as well.

 

I can't answer the questions surrounding the address issue but I am sure others here will be able to. But they will obviously continue writing and hassling your parents address as that was the last address you were registered at.

[silverfox1961]

Hi

I can't help with the claims company but with the cards, it doesn't matter who the debts are with. You can still do a CCA request

 

I have put a few bits below, in red

 

i am currently being pursued for 4 credit card debts on which i have been unable to pay. due to frankly having the worst year of my life.

 

TBH i have frankly ignored them for 8+ months now (i know i know worst thing to do) my last communication from me was basicly a phone call saying i was taking debt advice and would be in touch. after which i have not responded to any communication. due to being away for several months until recently.

 

they have been passed to DCA's who are now pursuing.

they have issued several final demands as well as some offers of reductions for full payment etc etc but i am in no position to take them up on these offers. as i currently have zero income at the mo.

 

You should be entitled to some benefit (JSA, Income Support)

 

i did make a claiim against charges through a claim company which i won with 2 of the cards which has been taken off what i owe but now i owe the claim co money (wish id found this site earlier)

 

these credit cards are pre 2004.

2 are with bercly crd 1 of these was with someone else originally but to be honest not sure who it was maybe m b n a or gol dfi sh or r b .s???

1 cittti bnk

1 eg

total around 7k

 

My questions are what can i do from here? CCA whoever is chasing

can i pursue the non enforcable angle as they are all old or is it too late for that due to being passed to dca? NO. You can check the agreements at any time

what can i do from here to delay the court action until i can sort out my income?

Most of the letters say "May", "Might" and "Could". Very few say "WILL". In my experience, these letters are designed to frighten you into contacting them

and these cards are at my parents address as that is where i originally applied for them from but have not changed the address if i change my address now will this take the bad debt/credit issues away from that address or is it too late for that and can the dca's take any action against that address as i no longer live there?

Difficult one this, While all the cards are registered at your parents address, all the threats will go there. If the DCA's got a phone number, they will phone constantly. I would tell your parents to put the letters back in the post box with "Not at this address" scrawled over them

 

apologies as i know all these questions have already been asked i tried to search the threads but hard not to get confused

 

any advice very much appreciated or pointers to useful threads for me

as im very much bemused and concerned by the whole situation:|

 

If you want, you could CCA them but giving your new address and telling them not to send any more letters to your parents.

For some reason, I cannot paste the link to the CCA request so hopefully, one of my learned friends will do it for me.

 

If you want to negotiate with the creditors instead, you could write using other templates which again, I cannot paste up

[Guest Cartaphilus]

For some reason, I cannot paste the link to the CCA request so hopefully, one of my learned friends will do it for me.

Which I have already supplied for them in my post (I already feel like I am invisible so there you go). I wish the OP luck in sorting all this out. Edited June 30, 2010 by Cartaphilus

[silverfox1961]

Which I have already supplied for them in my post (I already feel like I am invisible so there you go).

 

 

I feel suitably chastised however m'lud I was writing as you posted so didn't see your post

[harrassed senior]

To make things easier seperate each alleged debt into their own file and then you will find it easier to deal with each one, although you will be 'doing them all at once' if they have a file each it really will feel less daunting.

 

Each recipient of your CCA request will have 12+2 working days to respond. You will, of course, get all kinds of responses, differing widely between DCAs, the majority will just be excuses etc. Post up the replies and someone will be along to help out from there.

 

From this point forward YOU will be in charge and not them.

[fredddi]

A big THANK YOU for your prompt replies it has relieved a little of the stress.

I will now begin the process you have advised.

 

@silverfox1961 thank you for your reply i am in the process of trying to claim benefits but for various reasons which i wont go into its proving troublesome but your advice is truly welcomed and appreciated.

 

again thank you

i will try and update as to how it went and may have further questions as after reading a few of these threads think my bank may also need a bit of a talking to (politely obviously:grin:)

[Bazooka Boo]

I will eat this keyboard if EGG produce an enforceable agreement, almost certainly guaranteed to have nothing more than a piece of paper they use to paint by numbers!