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Advice on credit card debt wanted


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Hi, I'm new to all this and have been going around in circles for a couple of years trying to make ends meet,

but I'm still in a mess and struggling to pay the minimum payment on four cards.

 

I have recently separated from my spouse and have two children to support.

 

Would you suggest asking my creditors for a cca and halt any minimum payments.

 

I have had one send me a cca to sign as I told them I was in financial trouble and it rang alarm bells and I can remember someone

say 'If you sign anything you are agreeing to a contract with the company'. This is then how I ended up here looking for advice.

 

Thanks

:|

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Hi, I posted earlier but think I did this in the wrong place so thought it best to do again.

 

I have four credit cards and am struggling just to pay the minimum payment.

 

I have recently gone through a separation with my spouse and have two children to bring up.

 

Should I halt my payments and request cca's from my creditors.

 

Today I received a form from one company asking for me to sign the enclosed cca,

this was in response to me telling them I was in finacial difficulty.

 

I understand the process of sending the request for a cca,

and have written out the template suggested,

but I'm unsure if by carrying on with making payments that I'm unable to afford whether doing the right thing.

 

Thanks

:|

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have a read of the debt blog in my sig below.

 

you also need to look at reclaiming i bet

 

got unlawful charges or mis-sold PPI.

 

as for the unsigned CCA, i bet thats a cat co.?

 

check your CRA file too.

if a debt is not listed - then your think about why you are paying it.

 

CC/Cat debts are not a priority.

it might be an idea to consult CCCS or payplan for a DMP too.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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How long have you had these cards ?

What outstanding balances do you have ?

You should already have a CCA when the cards were first taken out in theory but as seen on these forums some companies have been pretty lax.

 

In my own experience I had one card written off (Cap One ) because they could not find CCA,

two others are in limbo because no CCA can be found at the moment as they go back to original creditor.

 

Send the CCA template and enclose £1 postal order, do not sign just type name..

 

.I have never had to sign any documents for a CCA request.

 

They also have 12 days to comply with your request.

 

I would also consider sending letters to make reduced payments as these are not priority debts compared to say mortgage,rent and utilities

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Two threads merged.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Hi, I posted earlier but think I did this in the wrong place so thought it best to do again.

 

I have four credit cards and am struggling just to pay the minimum payment.

 

I have recently gone through a separation with my spouse and have two children to bring up.

 

Should I halt my payments and request cca's from my creditors.

 

Today I received a form from one company asking for me to sign the enclosed cca,

this was in response to me telling them I was in finacial difficulty.

 

I understand the process of sending the request for a cca,

and have written out the template suggested,

but I'm unsure if by carrying on with making payments that I'm unable to afford whether doing the right thing.

 

Thanks

:|

Well from my own experience

I have written to three companies I have loans for to reduce my monthly payments.

 

Two agreed without much hassle the last one owned by Apex were real hardcore *******s

wanting my income/expenditure refusing to drop

 

in the end wrote them a letter to say I am paying this amount take it or leave it oh and to take me to court if they so wished..

.they accepted payment without the IE form ..

 

Also I am paying them all by bank transfer into their accounts all I asked for was the acct and sort code.

.told them flatly would not be setting up DD or SO or giving debit card details at all !!!

 

! If you are struggling then tell them what you can afford be it £1, £5, £10 etc and to stop all interest and charges...

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Had them for years, just recently with separating from spouse have ended up in a mess. Have out CCA template and shall be sending off today, also will send to other creidtors just to see what happens. Tonight will do a DMP so that I can then haggle on the repayments even if it is only £1. My children come first and they cost a fortune, also being registered disabled with systemic lupus makes it impossiblt to get any kind of decent income. I don't want a free ride, just want to be able to sleep without worrying whether I can afford to eat or not.

Thanks for all your help

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Had them for years, just recently with separating from spouse have ended up in a mess. Have out CCA template and shall be sending off today, also will send to other creidtors just to see what happens. Tonight will do a DMP so that I can then haggle on the repayments even if it is only £1. My children come first and they cost a fortune, also being registered disabled with systemic lupus makes it impossiblt to get any kind of decent income. I don't want a free ride, just want to be able to sleep without worrying whether I can afford to eat or not.

Thanks for all your help

 

 

Thats understandable !

Majority of people on here are not denying the debts but cant make any headway with their creditors ,

I found that out especially with DCA's but it gives you a massive boost and confidence when you put them back into their boxes with a few choice written letters.

 

Your right about the kids these companies dont give a toss as long as the profits are coming in and the call takers are making perfomance related bonus etc..

 

Not sure who you have the cards with but I refused point blank to give my creditors an I&E sheet but then again if you are happy to do this then go ahead but don't short change yourself..

 

.On a positive note you may find that the CCA route produces no paperwork which is a bonus for yourself and of course other steps can be taken after this.

You will find theses card companies will be sending out nicely written letters telling you how they are locating the documents and will be in touch

but most important make a note of the date you have sent these letters and allow two days for delivery,

also send recorded so you have a paper trail..

.don't let them off if they go over the 12 day limit,

 

they have to provide the documents by law...

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If I go down the route of CCA's and they are not produced I take it I should stop sending any payments until they do, and if so will they add charges and defaults including loads more interest onto my acoounts, because if so I would rather just offer a small repayment which is agreed with them. Also is it best to do and I&E for my eyes only, but by doing it I will have a better idea of my outgoings etc, therefore have something to haggle with, ie knowing if I can afford a £1 or £20 payment.

Thats understandable ! Majority of people on here are not denying the debts but cant make any headway with their creditors , I found that out especially with DCA's but it gives you a massive boost and confidence when you put them back into their boxes with a few choice written letters.Your right about the kids these companies dont give a toss as long as the profits are coming in and the call takers are making perfomance related bonus etc..Not sure who you have the cards with but I refused point blank to give my creditors an I&E sheet but then again if you are happy to do this then go ahead but don't short change yourself...On a positive note you may find that the CCA route produces no paperwork which is a bonus for yourself and of course other steps can be taken after this.You will find theses card companies will be sending out nicely written letters telling you how they are locating the documents and will be in touch but most important make a note of the date you have sent these letters and allow two days for delivery, also send recorded so you have a paper trail...don't let them off if they go over the 12 day limit, they have to provide the documents by law...
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If I go down the route of CCA's and they are not produced I take it I should stop sending any payments until they do, and if so will they add charges and defaults including loads more interest onto my acoounts, because if so I would rather just offer a small repayment which is agreed with them. Also is it best to do and I&E for my eyes only, but by doing it I will have a better idea of my outgoings etc, therefore have something to haggle with, ie knowing if I can afford a £1 or £20 payment.

 

I dont want to suggest you stop paying the choice is yours but the companies should treat you fairly in times of hardship

as I am sure their letters state if you have payment difficulties please contact us.

 

Do you still use these cards or is it outstanding amounts you are paying back ?

 

Let me be clear in my case the damage was already done and DCA's had my accounts therefore I was in a better position

because they could not produce a CCA which would help if it went to court...so I stopped any payments

 

Personally do the I&E for yourself but be dont shortchange yourself if you really spend £200 on groceries dont feel you should shave any off to help out these companies.

 

If it were me I would do the following :

While waiting for the CCA write to each company with your offer and also ask all charges and interest to be stopped !

Also all queries in writing - no other form of communication especially work/home numbers..

Consider the next step of a SAR request showing account history ( Is there charges ? What about PPI ? )

all can be claimed for and give you a barganing tool

 

You will have to consider the fact that these companies may add on extra charges,

pass you to their collections dept,

harrassment by phone or doorstep.

 

They may also want the I&E sheet for themselves.

Dont be pushed into a corner if you can only afford x amount then thats what you will pay ,

the understanding ones will accept and look at reviewing every 3 or 6 months

but again just stick to what you are paying.

 

The key here is keeping your documents altogether and not being put off by a threating phone call or letter which is what they will try...

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If I go down the route of CCA's and they are not produced I take it I should stop sending any payments until they do, and if so will they add charges and defaults including loads more interest onto my acoounts, because if so I would rather just offer a small repayment which is agreed with them. Also is it best to do and I&E for my eyes only, but by doing it I will have a better idea of my outgoings etc, therefore have something to haggle with, ie knowing if I can afford a £1 or £20 payment.

 

When are you next payments due ?Are you going to struggle with Christmas/Winter coming ?Main priority is Mortgage/Rent ,utilities,any secured loans etc..the companies know this and are also aware that if it went to court again a Judge would only make you pay what you could afford but would not take kindly to the fact that you had tried to sort the situation first thats why it is important to document everything !!

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  • 2 weeks later...

Thanks for your help, a friend (who is a freeman and follows common law etc and really knows his stuff) has directed me to a lady called Mary Croft and her writing about How I clobbered every cash confiscutory known to man. She explains the fraud going on in the monetary system and how to deal with it all, even if your debt is sold to another collector, that they are only interlopers and have no legal contract with you. It is really a good read, and all being well, by going through this I will be able to help others.

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Thanks for your help, a friend (who is a freeman and follows common law etc and really knows his stuff) has directed me to a lady called Mary Croft and her writing about How I clobbered every cash confiscutory known to man. She explains the fraud going on in the monetary system and how to deal with it all, even if your debt is sold to another collector, that they are only interlopers and have no legal contract with you. It is really a good read, and all being well, by going through this I will be able to help others.

 

Sounds a good book may give that a look...Yes thats what you tend to find, these companies have no legal right just bought a cery cheap debt...it's all the crap they spout about legal threats and going to court, we will bankraupt you , costs will escalate etc etc..I just write back they as they are not judges they cannot decide what these will be....makes me mad they can threaten and intimdate for the sake of a quick buck .Information is the key such as found on these forums !!

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what was the outcome of the cra check?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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CRA check was ok and yes like you said this debt wasn't on there, so looking forward to their response.

 

Well done so far !Ball in their court now see what happens...headless chicken and runaround comes to mind...lol

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if any of the debts you are paying are NOT listed on your CRA

and you are sure ALL your old addresses ARE there in the LINKED section

 

then i'd serious consider stopping payments to those co's!

 

 

so what is left?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi jj69, today Saturday 17th December 2011 I received letter from Cap 1 in response of my CCA request.

 

This is what I got

" Thank you for writing to us about your account. It's going to take us a little while to look into your situation and come back with a detailed response.

We'll do everything we can to get an answer to you within four weeks ......blah blah blah"

 

Now what I did do with Nationwide when they produced a legal CCA (And it was definately legal, had my maiden signature on it, and it was in my writing)

After reading Mary Croft I sent the follow on letter asking for three documents.

 

1/ Validation of the debt (actual accounting)

2/ Verification of their claim against me (A sworn affidavit or even a signed invoice); and,

3/ A copy of the contract binding both parties.

 

According to her thay can not validate the debt because they never sustained a loss;

they can't verify any claim because I am not the NAME they are billing (legal fiction/strawman etc).

They can't produce a copy of the contract because one does not exist.

What exists is an unenforceable unilateral contract.

What the banks refer to as 'your contract with us' is not a valid bilateral agreement since the four requirements of a lawful, binding contract were not met on the credit card application,

namely:

1/ Full disclosure (We are not told that we are creating the credit with our signature);

2/ Equal Consideration (They bring nothing to the table, hence they have nothing to loose);

3/ Lawful Terms and Conditions (they are based on fraud); and

4/ Signatures of the Parties/Meeting of Minds ( corporations can't sign because they have no right, or mind, to contract as they are legal fictions). Credit cards are win/win for the banks and lose/lose for everyone else- it is the slickest game on the planet.

 

Now should I send this to Cap 1 or should I follow up with a SAR or should I sit and wait to see what they come back with.

Hope you can advise, in my head I feel I should sit and wait.

Thanks once again

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not sure where you are getting this mumbo jumbo from Inis

but using paperwork errors to wriggle out of your debts went out the door many moons ago

thanks to the likes of carey & rankines etc etc cases & ofcourse the many NWNF co's

 

with a reconstructed agreement & clear 'financial link' a judge would not argue the debt was yours.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi jj69, today Saturday 17th December 2011 I received letter from Cap 1 in response of my CCA request. This is what I got " Thank you for writing to us about your account. It's going to take us a little while to look into your situation and come back with a detailed response. We'll do everything we can to get an answer to you within four weeks ......blah blah blah"

Now what I did do with Nationwide when they produced a legal CCA (And it was definately legal, had my maiden signature on it, and it was in my writing) After reading Mary Croft I sent the follow on letter asking for three documents.

1/ Validation of the debt (actual accounting)

2/ Verification of their claim against me (A sworn affidavit or even a signed invoice); and,

3/ A copy of the contract binding both parties.

 

According to her thay can not validate the debt because they never sustained a loss; they can't verify any claim because I am not the NAME they are billing (legal fiction/strawman etc). They can't produce a copy of the contract because one does not exist. What exists is an unenforceable unilateral contract. What the banks refer to as 'your contract with us' is not a valid bilateral agreement since the four requirements of a lawful, binding contract were not met on the credit card application, namely:

1/ Full disclosure (We are not told that we are creating the credit with our signature);

2/ Equal Consideration (They bring nothing to the table, hence they have nothing to loose);

3/ Lawful Terms and Conditions (they are based on fraud); and

4/ Signatures of the Parties/Meeting of Minds ( corporations can't sign because they have no right, or mind, to contract as they are legal fictions). Credit cards are win/win for the banks and lose/lose for everyone else- it is the slickest game on the planet.

 

Now should I send this to Cap 1 or should I follow up with a SAR or should I sit and wait to see what they come back with. Hope you can advise, in my head I feel I should sit and wait.

Thanks once again

 

Wellif it was me I would wait to see what they conjure up first..they have admitted it may take a little while ( in other words,crap where did we put all those agreements ?? )You may get a couple of letters in between stating weare continuing to look for agreement but will keep you updated blah blah.Now you can put the thumbscrews on at this point if they do no comply with the 12+2 rule for the agreement,so if this is breached you could state they are in breach of your CCA request by not complying.If they do find anything you can dispute it if terms not met or it is a rehashed application form..just send them a non compliance to CCA letter, again this could go on for a couple of months so dont panic make a mental note and put them on the back burner..My Cap one account was written off when they openly admitted to not finding said CCA.It took around six weeks and a couple of letters from them but they could not find so as a goodwill gesture account written off balance zero...In some cases on here Cap One were not very good with their filing system..Should add this account was around 2007 when it was defaulted, written off in 2009

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Ok I have left cc's debts owing to Cap 1/Nationwide/Tesco and Egg which are now Barclaycard.

Thanks for your help, I'm feeling better with it all and know to stand up to them.

 

 

if any of the debts you are paying are NOT listed on your CRA

and you are sure ALL your old addresses ARE there in the LINKED section

 

then i'd serious consider stopping payments to those co's!

 

 

so what is left?

 

dx

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Wow that was quick! Great will sit and wait for a bit, then send non compliance to CCA. I a very odd way I'm finding this quite a lot of fun, it's really just a game.

 

 

Wellif it was me I would wait to see what they conjure up first..they have admitted it may take a little while ( in other words,crap where did we put all those agreements ?? )You may get a couple of letters in between stating weare continuing to look for agreement but will keep you updated blah blah.Now you can put the thumbscrews on at this point if they do no comply with the 12+2 rule for the agreement,so if this is breached you could state they are in breach of your CCA request by not complying.If they do find anything you can dispute it if terms not met or it is a rehashed application form..just send them a non compliance to CCA letter, again this could go on for a couple of months so dont panic make a mental note and put them on the back burner..My Cap one account was written off when they openly admitted to not finding said CCA.It took around six weeks and a couple of letters from them but they could not find so as a goodwill gesture account written off balance zero...In some cases on here Cap One were not very good with their filing system..Should add this account was around 2007 when it was defaulted, written off in 2009
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Wow that was quick! Great will sit and wait for a bit, then send non compliance to CCA. I a very odd way I'm finding this quite a lot of fun, it's really just a game.

 

Well it has helped me in most cases and yes it is one big game of paperchase I have been playing for two years now and have a 16gb memory stick full of documentation plus two full A4 files at home...it does give you a great sense of power to beat off these companies with one A4 piece of paper...Although caution is always needed to ensure you dont give any advance away to them, just like a game of chess !!

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Sorry to pester jj69, but I forgot to ask, is there a specific non compliance to CCA letter in template form somewhere on this site that I can send, or do I just send my own version? Thanks

 

Wow that was quick! Great will sit and wait for a bit, then send non compliance to CCA. I a very odd way I'm finding this quite a lot of fun, it's really just a game.
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