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BUZBY321

Credit card debts.

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Hi Im new to this!

 

I have got myself in debt to the tune of 15k over 3 credit cards. So far I have been juggling payments but i wont be able to pay next months as I am now out of work. the credit cards are still in my old address where my ex partner still lives. Im scared of the letters coming to his as he didnt know about the debt, if i get a po box number or dont give my new address to them will they do the ccj at his address?? wil his credit rating be damaged??

 

HELP!!!

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Hi Im new to this!

I have got myself in debt to the tune of 15k over 3 credit cards. So far I have been juggling payments but i wont be able to pay next months as I am now out of work. the credit cards are still in my old address where my ex partner still lives. Im scared of the letters coming to his as he didnt know about the debt, if i get a po box number or dont give my new address to them will they do the ccj at his address?? wil his credit rating be damaged??

 

HELP!!!

Edited by BUZBY321

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Hi, his credit rating won’t be damaged; however Bailiff will go to his address to secure payment.

 

 

I would however send a formal request for a copy of the credit agreement ASAP

This will prevent them from closing the account, charging you interest, and default charges that are likely to follow due to you being out of work.

 

You will also need to give them your new address as if they do take court action, you wont get any paper work and if you happen to have a good defence you wont get the option to reply and they will get default judgement.

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I've moved your post and created a new thread for you. ;)


Anthrax alert at debt collectors caused by box of doughnuts

 

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17 Port & Maritime Regiment RCT

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if i get a po box number or dont give my new address to them will they do the ccj at his address??
They could do eventually, but he will find out long before that through the letters they will send and telephone calls.
wil his credit rating be damaged??
No, not unless any of the debts are in his name.

 

How old are these cards and how did you apply for them?


Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

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Thanks for everyones help so far!

 

I have had them years - at least 7 years. I cant afford to pay, i cant get an IVA, I know I will be saddled with the debt forever. If i offer an amount to a CCJ and they dont think its enough can they increase it? im thinking a ccj might be better than paying £1 per month to the credit card !!

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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 working days from receipt, 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 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.

 

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.

 

Furthermore, with regards to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

 

I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)

 

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

 

You are reminded of the following under Consumer Protection from Unfair Trading Regulations 2008.

 

Trading Standards can bring about a prosecution if, with the object of coercing another person to pay money claimed from the other as a debt due under contract, he or she:

 

(a) harasses the other with demands for payment which by their frequency, or the manner or occasion of their making, or any accompanying threat or publicity are calculated to subject him or his family or household to alarm, distress or humiliation;

(b) falsely represents, in relation to the money claimed, that criminal proceedings lie for failure to pay it;

© falsely represent themselves to be authorized in some official capacity to claim or enforce payment;

(d) utters a document falsely represented by him to have some official character or purporting to have some official character which he knows it has not.

 

I am of the view that your harassment of me by telephone puts you in breach of the Consumer Protection from Unfair Trading Regulations 2008, 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.

 

Further to this if it is your intention to arrange a call from your 'Doorstep Collectors', I note that there is only an implied license under English Common Law for certain people 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.).

 

Take note, I revoke license under English Common Law for you, or any of your representatives to visit me at my property and if you do so without my permission, you will then be liable to damages for a tort of trespass. You would also be conspiring in a trespass if you sent someone to visit me nevertheless. Any trespassers you attempt to send therefore will be dealt with accordingly.Be further advised that any further telephone calls from your company will be recorded.

 

(Print in red optional addition)

 

I look forward to hearing from you.

 

Yours faithfully **Edit to suit**

 

(Print do not sign signature)


Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

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Yep, time to fight back.

 

Cerberus' advice is spot on, first put them on the back foot by asking for your credit agreements.

 

If they supply them, scan them on here (removing personal info!) so the people in the know can tell you whther they are compliant or not. If they're not, you may be able to tell them to sod off once and for all.

 

If they are compliant and if you don't have all your statements, you can then SAR them to find out of much of each balance is composed of late payments/overlimit charges and start the process of reclaiming them.

 

Either way, time to stop running. Give them your correct address, but NO phone number, and use a different signature to communicate with them. Do NOT phone them or take calls from them, if they manage to trace your tel no, refuse to go through security questions when they call, they can't discuss things if you refuse to and tell them you want everything in writing.

 

Welcome to a new world. Once you realise how little they can really do to you, it is a very liberating experience. :-D

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wow thanks - ill keep you posted

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But if they can provide me with a credit agreement I wil have to pay?! Butif they dont or cant , they cant enforce a payment and/or CCJ??

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But if they can provide me with a credit agreement I wil have to pay?!

If they cannot provide a CCA or it's unenforceable they can ask you politely for payment, equally politely you could tell them to go forth.

 

Depending on how the CCAs pan out will determine what route you should take, but at the end of the day you can only pay what you can reasonably afford & even in the unlikely event they obtained a CCJ a judge would look at your circumstances and finances and make an award accordingly. This could be as little as £1 per month. ;)


Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

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But if they can provide me with a credit agreement I wil have to pay?! Butif they dont or cant , they cant enforce a payment and/or CCJ??
If they can provide you with a VALID credit agreement, yes they can ask for payment.... but they can't make you pay what you don't have, and what's the worst that can happen? A CCJ? Oh no! Your credit rating will be ruined!!... Oh, hang on, isn't it on its way there already? :razz:

 

Stop worrying, it really isn't that scary. :-)

 

(Check my "Bookie burns her bridges" thread if you want, you'll see how I am dealing with mine! :razz:)

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Hi

I still dont know how to start a new thread. I have had some advice re my credit card debt. I have posted the form off to barrclaycard and a cheque to see a copy of my credit agreement but 3 weeks later havent heard. whats the next step? how do i find my previus thread?? sorry!!

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