Jump to content

Where do I go from here.Please help

style="text-align:center;"> Please note that this topic has not had any new posts for the last 3319 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hi everybody

I have £70,000 of debt spread over 8 credit cards and 1 personal loan.Since 2008 I have had various payment plans with the credit cards and the loan was passed to a DCA who I have also had an arrangement with.

All of these cards were taken prior to 2001 and 2 were taken out in 1994.The loan dates from 2003

My circumstances were such that all I could do was make these arrangements to give me time to get back on my feet.

I now want to take control of these debts and eventually reduce the amount I owe so that a manageble F+F settlement can be offered.

To this end i have been searching through threads to gain as much information as possible.

I have sent CCAs to all my creditors and followed this up with SARs.I have used templates from CAG to do this

Some have replied.These replies include application forms without prescribed terms,reconstructed t+cs and incomplete SARs with no agreements or statements.

I have a general question.

Some of the agreements are definitely uneforceable.What should my stategy be.


Do I submit a claim for refund of late payment fees.

Do I not claim a refund and because the agreements are uneforceable sit back and behind the shelter of a/c in dispute,therefore you cannot have any payment and go through the process(possible court claims etc) until an offer is hopefully accepted by the creditor.

Do I claim a refund and use the uneforceability of the agreement and if a refund of charges occurs then make an offer on the amount outstanding.




I have most of my statements for all of the cards(1 missing here and there).So far the SARs I have received have not included any statements or details of transactions.


If I do go for charges do I use compound or statutory interest.


I am not worried about defaults or credit ratings. I know this is going to be a long battle. My aim is to reduce my debt to an affordable level and pay all my creditors and of course never become enslaved again.


Thanks for any advice you can give.

Share this post

Link to post
Share on other sites

As for the recovery of charges, read the articles on the front pages of this website. You will see that charges are only recoverable in particular circumstances.

You can challenge the enforceability of agreements if the CA requirements aren't met.


Do you have any assets? If you don't own a house then mayb with debts as large as yours, the sanest way is to consider bankruptcy - as long as you really stick to your intention not to acquire this level of debt again.

Frankly even if you do own your own property, with this level of problem, bankruptcy might still be the best clean-break solution

Share this post

Link to post
Share on other sites

Hi Bankfodder

Thanks for your reply.Can I pm you with some confidential info.I have tried but your message centre is full.

Edited by SCIPIO

Share this post

Link to post
Share on other sites

Thread moved to General Debt Issues.

Have we helped you ...?         Please Donate button to the Consumer Action Group


Uploading documents to CAG ** Instructions **


Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first


1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read





2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS


Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.



Share this post

Link to post
Share on other sites
Hi Bankfodder

Thanks for your reply.Can I pm you with some confidential info.I have tried but your message centre is full.


You could try.


bankfodder @ consumeractiongroup.co.uk (remove the spaces)

Always happy to help where I can!


Beware of legal advice given on a private forum - do you REALLY know who is posting? Are they REALLY accountable for their posts? What if you follow their advice and get something wrong?

It was Winston Churchill who said; "Democracy is the worst way to run a country except for all the others"


Advice and comments posted by car2403 are offered purely without prejudice. They reflect only my personal opinion and do not represent the opinion of this forum or it's management. You should always seek legal advice from a qualified legal advisor. As a member of the site team, I disable reputation - reputation points mean nothing, please check my posting credentials yourself and make an informed decision. You shouldn't PM me and await a reply - I may be too late with a response. No replies will be given in Private Messages - just as with getting advice from the forum, getting advice via Private Messages is dangerous. CAG is about sharing successes so others can follow your example, this is primarily why I'm here, so please don't be offended if I don't offer replies in PM that doesn't comply with this. Help CAG to help others by keeping your thread up to date.



USEFUL LINKS; New User Guide to CAG | Can't find what you're looking for? | Intro to Consumer Credit Litigation | Is My Agreement Enforceable | Default (Surleybonds) Template Letter | Defaults - background, removal methods, challenges and taking a claim to Court | Digital Signature Guide | Overdrafts and the CCA

Share this post

Link to post
Share on other sites


Welcome to The Consumer Action Group.



I am just letting you know that as you haven't had any replies to your post yet, it might be better if you post your message again in an appropriate sub-forum. You will get lots of help there.


Also take some time to read around the forum and get used to the layout. It is a big forum and takes a lot of getting used to.



Once you start to find your way, you will soon realise that it is fairly easy to get round and to get the help you need.


It can be bit confusing at first.

Please be advised that my time will be limited for the next few weeks.Thanks for your understanding.

Share this post

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.

  • Have we helped you ...?

  • Create New...