Help needed for credit card defaults

[simmsy77]

Help....

 

I currently have 2 credit cards that i have fallen behind with payments on and defaulted (AMEX & Barclaycard)

 

I now have 2 seperate Debt Collection Companies in contact with me via post threatening to commence legal proceedings to recover sums if i dont make immediate payments.

 

I acknowledge the debts but am not in a financal position where i can make immediate payments to bring the arrears up to date and then as requested set up monthly Direct Debits.

If i was to start paying monthly again it would only be a small amount so i would never reduce the debt due to the interest, where do i stand with asking for the interest stopped ?

This would allow me to start repayments and actually start to reduce the debt

any help would be VERY much appreciated

[Learnerlitigator]

Start with CCA requests from both DCAs £1 each if they don't have the agreement they're stuffed, if they do have them, offer minimum payments. But better advice willl bealong shortk=ly so don't rush into anything.

[Bazooka Boo]

http://www.consumeractiongroup.co.uk/forum/content.php?557-Letter-for-an-application-for-consideration-for-hardship

 

Try that letter first, if they fail to stop interest and charges just set up a standing order NEVER a direct debit, and pay them £1 a month.

 

Who are the DCA's chasing for payment?

How much roughly is owed?

How old are these accounts?

When did you start to default on them?

And what have they sent you?

[twofoot]

Write to explaining how much you can afford to pay and why and ask for their bank details so you can pay it, do not pay by direct debit as they will fleece you. If it is only £1 a month so be it.

Never ever speak on the phone to them and keep a log and copy of all correspondence, especially if they phone you. If they do phone don't get into a conversation, don't answer any security ID questions and tell them writing only. When they get funny, which they will for sure, you can do a CCA request or even claim back charges.

Your letter could also ask them for an interest freeze. Keep it civil and nice until they get funny then you can get the ball rolling with the big bat. Don't let it worry you, you are able to start months of letter tennis full of meaningless threats, so you know what to expect.

 

EDIT Beat me to it Boo but on the same lines.

[simmsy77]

Hi Bazooka Boo

 

the DCA's chasing me are Moorcroft for AMEX and Poer Contact for Barclaycard (although letter says i can also deal with Mercers DCA)

I owe approx £2200 on AMEX and £2500 on Barclaycard

AMEX started in 2004 and Barclaycard in 2000

 

I defaulted on AMEX about 14 months and Barclaycard about 18 months ago. Unfortunately i also bank with Barclays and on 2 seperate occasions they have taken £150 from my cuurent account without my knowledge (money which i hadn't planned for and wasn't spare or disposable)

 

Moorcroft have made a 'Home Visit' and left me a Direct Debit form to return and Power Contact / Mercers have threatened a home visit and legal proceedings

 

many thanks

Edited October 23, 2012 by simmsy77
spelling mistakes

[Learnerlitigator]

Open a basic account with some other bank for salary and feed Barclays from that so they can't offset. I believe a bank cannot refuse you a basic account, you won't get a debit card probaly but will get hole in wall card. and direct debit facilities probably.

[Bazooka Boo]

You need to open another bank account with a different banking group or they will continue to offset (steal from your account)

 

Mercers IS Sharklaycard. it's their own in house DCA, Powerless2contact are just that Powerless!

 

As for Moorcr@p they are fantastically incompetent.

 

Any such fool that thinks they can turn up on your doorstep demanding money or answers to uneducated questions can be told to foxtrot oscar, they are NOT bailiffs, and they have NO legal powers to do anything, if they don't clear orf, call the Police and have them removed.

 

No contact via phone or face to face, keep everything in writing only.

 

CCA requests for both these accounts due to their age http://www.consumeractiongroup.co.uk/forum/content.php?414-CCA-request-letter.

£1 postal order and they have 12+2 days to reply with the correct info.

 

How much of those two accounts is made up of fees/charges? Any PPI?

[simmsy77]

You need to open another bank account with a different banking group or they will continue to offset (steal from your account)

 

Mercers IS Sharklaycard. it's their own in house DCA, Powerless2contact are just that Powerless!

 

As for Moorcr@p they are fantastically incompetent.

 

Any such fool that thinks they can turn up on your doorstep demanding money or answers to uneducated questions can be told to foxtrot oscar, they are NOT bailiffs, and they have NO legal powers to do anything, if they don't clear orf, call the Police and have them removed.

 

No contact via phone or face to face, keep everything in writing only.

 

CCA requests for both these accounts due to their age

£1 postal order and they have 12+2 days to reply with the correct info.

 

How much of those two accounts is made up of fees/charges? Any PPI?

 

With Baclays there is a lot of 'Late Payment' charges / fees, in fact i'm confident there may be some PPI on there too, as for AMEX they have stopped adding late fees.

[Bazooka Boo]

OK using the hardship route you should attempt to get these refunded with sharklays as well as the PPI if it has failed to kick in and do it's sole purpose.

 

You might also be able to use COBS on both cards?

[simmsy77]

You need to open another bank account with a different banking group or they will continue to offset (steal from your account)

 

Mercers IS Sharklaycard. it's their own in house DCA, Powerless2contact are just that Powerless!

 

As for Moorcr@p they are fantastically incompetent.

 

Any such fool that thinks they can turn up on your doorstep demanding money or answers to uneducated questions can be told to foxtrot oscar, they are NOT bailiffs, and they have NO legal powers to do anything, if they don't clear orf, call the Police and have them removed.

 

No contact via phone or face to face, keep everything in writing only.

 

CCA requests for both these accounts due to their age

£1 postal order and they have 12+2 days to reply with the correct info.

 

How much of those two accounts is made up of fees/charges? Any PPI?

 

Thanks Bazooka, just out of interest if a DCA is unable to provide a CCA what does this mean ?

[Bazooka Boo]

As long as the CCA is pre 2007 then it means they cannot enforce/carry out any legal action against a debtor because they don't have the required paperwork to carry it out.

 

Post 2007 then most, if not all, agreements will be deemed compliant, especially if thy were taken out online..

[simmsy77]

As long as the CCA is pre 2007 then it means they cannot enforce/carry out any legal action against a debtor because they don't have the required paperwork to carry it out.

 

Post 2007 then most, if not all, agreements will be deemed compliant, especially if thy were taken out online..

 

Thanks Bazooka, i'll keep you posted