Debt - harrassed by DCA

[bobdauilda]

Not posted here for a long time due to ill health but I am trying to fight back again.

 

The debt situation is still dire but I'm hoping this will improve after advice from the experts here.

 

One specific question I have relates to a credit card company that are currently giving me major grief.

I wrote to them 4 years ago to tell them I was having major financial difficulties due to ill health which prevented me from working

but they didn't help at all and just sent me a letter a few months later telling me that due to financial review of my account that it would be closed forthwith.

 

I essentially got into deeper and deeper debt through trying to keep up the monthly payments but the old adage of 'robbing Peter to pay Paul' applies

and last year I couldn't carry on and defaulted.

 

I currently pay a token amount of £10/mth. They are now threatening legal action and CCJ.

 

Given the fact that they closed my account have they breached any contract at all?

What should I do re the NIC? Very depressed...

[dx100uk]

check this debt shows on your CRA file.

 

as for going to court

if you are paying something [should only be £1PCM not £10!]

 

then they'll go no where near a court

the judge would laugh them out the door

 

have you investigated reclaiming unlawful charges & PPI

 

dx

[theghost]

if you are paying something [should only be £1PCM not £10!]

 

then they'll go no where near a court

the judge would laugh them out the door

 

dx

 

Just out of interest, is that based on opinion or some legal basis?

 

I do not see why a creditor cannot go to court if a debtor cannot keep up repayments.

 

I think what you are saying is that they shouldn't if the debtor cannot AFFORD anymore. But how would the creditor know that? reliance on an income statement from the debtor (something which is often advised against on this forum).

[bobdauilda]

The £10 is all I can afford but they want statements of proof of this which from searching here should not be necessary or is this incorrect? I will check the CRA's info as advised. Is it worth sending a CCA request or is this pointless now since the OFT revised guidelines in Oct 2010 in favour of the companies?

[BRIGADIER2JCS]

Just out of interest, is that based on opinion or some legal basis?

 

I do not see why a creditor cannot go to court if a debtor cannot keep up repayments.

 

I think what you are saying is that they shouldn't if the debtor cannot AFFORD anymore. But how would the creditor know that? reliance on an income statement from the debtor (something which is often advised against on this forum).

I think you will find that DX100 is speaking from years of experience

and 23,000 post on CAG,once it is established that a debtor

has little or no means to repay, what is the point of any creditor

spending time and money in litigation, when the judiciary will accept

that the minimal payments are the only affordable option.

[theghost]

You do not HAVE to tell them your income but do not be surprised if they do not believe you can only pay £10 and then take you to court.

[bobdauilda]

So you'd advise me sending them this info voluntarily to avoid this?

[BRIGADIER2JCS]

A company that decides that the payment

offered an accepted by them is not sufficient

will come unstuck incourt when the judge asks

for I&E which he sees and does not vary the amount

in favour of the creditor, quite often I have known

the minimum payment to be reduced by the court.

Creditors like to avoid this anfd judges are minded

against such proccedings.

[BRIGADIER2JCS]

I think Bazooka Boo comes up with the best

I&E advice whwn a DCA/Creditor insist on this:

''Thank you for reminding me that I need to do

an I&E report, having done so I find that I must

reduce my payment to you to £1.00 per month.

Thank you again for your advice!!''

[bobdauilda]

I have tried to explain to the company about my situation and the problems experienced thus far and even the possibility of events changing favourably for me within 6months if recovery from the latest intervention goes well, but no dice. I'm just really fed up of the lack of humanity shown by them. I was in the high professional earner class before the excrement hit the wind propulsion device through death, disease and dreadful luck. A prior flawless credit record of 20 years counts for zero in their eyes. I'll never seek credit again after I get out of this mess.

[rebel11]

Hi bob

 

Regardless of what you are paying on any of your debts, have you had Penalty Charges added over the last 6 years plus? If you have you should claim these back with interest. If you haven't got the statements you can send a SAR request they will send you all the statements for at least the last 6 years.

Have you been mis-sold PPI? Again, if so you can claim this back with interest. Spreadsheets are available to make these claims. If you've had Penalty Charges to your bank account, then make a 'Hardship' claim. You don't have to do this in one go, do it at your own pace. Set up a folder sectioned off with each creditor, you can gain control.

 

Have a read of 1,2 and 3 in my signature.

 

Info on a 'Hardship' claim :- http://www.itv.com/daybreak/money/martinlewissection/bankcharges/

[bobdauilda]

Not had any ppi as far as I know but I have had a lot of bank penalty charges and also credit card companies piling them on. How do I make a hardship claim to the bank please?

[bobdauilda]

Is it worth sending a CCA request or is this pointless now since the OFT revised guidelines in Oct 2010 in favour of the companies?

Also is the above worth doing?

[rebel11]

Info on a 'Hardship' claim :- http://www.itv.com/daybreak/money/ma...n/bankcharges/

 

Not had any ppi as far as I know but I have had a lot of bank penalty charges and also credit card companies piling them on. How do I make a hardship claim to the bank please?

[rebel11]

Yes, but don't forget that creditors can reconstruct agreements, read 5 and 6 in my signature. Get that debt reduced, makes those claims, it's your money and you want it back with interest.

 

Heres a spreadsheet: for Penalty Charges- http://www.shweb.pwp.blueyonder.co.uk/interestcalcs.xls

 

Don't forget to findout if you've got PPI on any of your products, these companies have been up to all sorts.

 

 

Also is the above worth doing?

[bobdauilda]

Thanks to you all, what a fab group of folk you all are, it's cheered me up no end.

[rebel11]

Just keep updating this thread and when you need input just ask.

 

Thanks to you all, what a fab group of folk you all are, it's cheered me up no end.

[rebel11]

Good advice:wink:

 

I think Bazooka Boo comes up with the best

I&E advice whwn a DCA/Creditor insist on this:

''Thank you for reminding me that I need to do

an I&E report, having done so I find that I must

reduce my payment to you to £1.00 per month.

Thank you again for your advice!!''

[bobdauilda]

So the plan of action is

1 request CCA but expect them to reconstitute one so possibly no need?

2 No need to send IE info +/- reduce to £1

3 Reiterate my position to CC/DCA

4 Check CRA info

5 Post back with updates

 

6 Claim back bank charges (separate issue)

7 Stop fearing the phone/door knock and live life again.

Edited January 5, 2012 by bobdauilda
error

[rebel11]

That sounds like a plan, if you get any door step visitors tell them to leave, if they need to communicate with you they can write. The Postman has more powers then doorstep collectors.

 

So the plan of action is

1 request CCA but expect them to reconstitute one so possibly no need?

2 No need to send IE info +/- reduce to £1

3 Reiterate my position to CC/DCA

4 Check CRA info

5 Post back with updates

 

6 Claim back bank charges (separate issue)

7 Stop fearing the phone/door knock and live life again.

[bobdauilda]

I didn't realise that. It is pre 2007 so in that case I will definitely do it, nothing ventured etc.

[BRIGADIER2JCS]

And any recon has to comply strictly to the

parameters laid down in case law:madgrin:

[bobdauilda]

Just been looking at the CRA site and the debts show as they should. What happens to the original CCA when one credit card co gets taken over by another company? Are the original T&Cs transferable?

[dx100uk]

yes

 

dx

[spartathisis]

I have always done a £10 SAR to get as much info as possible. Twice I have found in the computer generated text reference to the fact they do not have a CCA, I then ask directly do you have a copy to send to me and both times they have said no. I am asking for ALL info they hold not just a copy of the CCA so cant see how they can send a recon as I am not asking under s77/78(?).

 

Dont know if I have been lucky, but for they extra £9 you should get more ammunition to fight them with.