Debt Bashing Battle Begins!

[maxine989]

What do we actually mean when we say:

 

"You are reminded that should you fail to comply with my CCA request, the provisions of s.77(6) will apply."

 

What applies should they (the banks, loan & credit card companies) fail to send a enforceable CCA???

 

just trying to get my head round the jargon...

[mr.ton]

section 77(6) states:

 

If the creditor fails to comply with the request

 

(a) They are not entitled,while the default continues, to enforce the agreement.

 

(b) If the default continues for one month they commit an offence.

 

Therefore the account becomes unenforceable at law.

[diskmandave]

(b) If the default continues for one month they commit an offence.

 

This is no longer the case.

[maxine989]

Ahhh... I see...

 

I wonder how many of them (DCA's) actually know what 77(6) means either??

[diskmandave]

They all know full well what it means, as the Consumer Credit Act

is the very backbone of their business.

[madjag]

Just been to court to have a statutory demand set aside WON, Costs awarded, Judge tore arrow global apart, told them to get out of the bankrupcy court and sue in the proper court if they think they have a case (which he doubted), gave them a right boll....ng

[a10consumer]

I'm trying to understand how this site works - when we post questions on here, as maxine989 did above, don't we get a reply from a qualified consumer credit solicitor/lawyer? it seems the replies are from other members who have had similar experiences, but this is surely very ambiguous and can not necessarily be correct advise to anyone else's case

[rockwell304]

I'm trying to understand how this site works - when we post questions on here, as maxine989 did above, don't we get a reply from a qualified consumer credit solicitor/lawyer? it seems the replies are from other members who have had similar experiences, but this is surely very ambiguous and can not necessarily be correct advise to anyone else's case

 

A large number of posters on here offer advice based on their own experiences, in my case this has been extremely helpful. It is up to you to research your own case, also to check the veracity of the advice offered.

Some extremely knowledgeable solicitors do post on here and offer assistance, pt come to mind!

[a10consumer]

I see, thanks for that rockwell - I thought i did see a section for solicitors being online too? or was that another site forum? Ive clicked that many links Im not sure if it was this site now, but thanks again

[maxine989]

I have used these forums over the years and always found CAG to be a brilliant support.

 

Debt can really get you down..

. it can cause one to hide their head in the sand..

. it can cause families to fall apart. All of these apply to me,

but I am happy to say that I always feel I can step up to the challenge when I come on here. CAG is a life saver!!

 

I am finally dealing with my debt.

 

I'm making the first step, which is to stop paying out money to non-priority creditors and request they accept a token payment.

 

I've lived with debt for many years and have gone through many stages of coping and not coping with it.

 

In the old days I claimed my bank charges back and managed to get on top of things for a while.

 

But alas...

life is tough..

. especially right now.

 

I work full time as a teacher and am a mother of 4.

 

My husband was made redundant a few years ago and since then we've been slowly falling back into the debt pit.

 

We just don't have enough income to keep ourselves going properly.

 

I try to make all my payments on time..

. and live on what's left,

but there is never enough money left for the general necessities in life.

 

It's getting to the point where I have no fuel in my car on a Monday and I have to use the kids dinner money to get petrol,

then write a cheque for the dinner money instead...

then the cheques bounces...

yada yadda...

and lots more other stupid money juggling antics that are just getting us into a HUGE mess.

 

My husband has not been able to get another job as yet,

and although he is still looking...

he has returned into education in the hope of improving his chances.

 

So although he is trying to do something about it, i

t causes more stress and worry.

 

More travel expenses, parking expenses..

. Some days are just so depressing where we are counting 2ps to try and get enough for milk... SO BAD!!

 

BUT..

. coming on here tonight has made me feel better.

 

I was kick started into action after a dream I had in the early hours of Monday morning.

 

I dreamed I was using my on-line baking, trying to make payments.

.. but all the passwords were wrong and nothing would work..

. in my dream I was struggling on the lap top with a massive pile of bills to pay..

. trying over and over to pay them.

 

There was money in the bank to pay them and the feeling of being able to pay them was great.

.. but I just couldn't make anything work.

.. it was all so confusing..

. then I woke up!! And thought..

. This is silly

... these debts are even eating me alive in my sleep!!!

 

I HAVE GOT to do something..

. So I am...

And this is the start of my thread.

 

Fingers crossed I make a positive change.

[Word-Soup]

I have used these forums over the years and always found CAG to be a brilliant support. Debt can really get you down... it can cause one to hide their head in the sand... I try to make all my payments on time... and live on what's left, but there is never enough money left for the general necessities in life..

 

Hi, this so resonates with me.

I too have hid my head in the sand,

continuously telling myself I can do it,

I will manage - somehow.

 

I've made payments on time without fail at the expense of other things,

essential things like food;

but these last few weeks have been so bad,

borrowing money from my son to put petrol in the car.

.. I really needed to wake up to it.

 

I don't live an extravagent lifestyle at all,

 

the problem is simple, like you, t

here's simply not enough money to pay everything and it's been like this for the last few years.

 

I'm glad you have decided to sort it out,

it will all work out just fine in the end, I'm sure.

 

We just have to get through it.

 

It's so good to know that there is support out there from CAG and other places.

 

I think I will be using CCCS, now called something else.

We shall see.

I have a telephone appointment booked for next week.

I do know I don't want to do this on my own though.

 

I shall keep dropping by to see how you're getting on. All the best.

[dx100uk]

maxine989 said:

I have used these forums over the years and always found CAG to be a brilliant support.

 

first port of call is get your cra file.

 

any debts that dont show need to be investigated as to WHY you are paying anything

 

next is list your debts here please

and whom you are paying.

 

dx

[dx100uk]

Hi, this so resonates with me.

I too have hid my head in the sand,

continuously telling myself I can do it,

I will manage - somehow.

 

I've made payments on time without fail at the expense of other things,

essential things like food;

but these last few weeks have been so bad,

borrowing money from my son to put petrol in the car.

.. I really needed to wake up to it.

 

I don't live an extravagent lifestyle at all,

 

the problem is simple, like you, t

here's simply not enough money to pay everything and it's been like this for the last few years.

 

I'm glad you have decided to sort it out,

it will all work out just fine in the end, I'm sure.

 

We just have to get through it.

 

It's so good to know that there is support out there from CAG and other places.

 

I think I will be using CCCS, now called something else.

We shall see.

I have a telephone appointment booked for next week.

I do know I don't want to do this on my own though.

 

I shall keep dropping by to see how you're getting on. All the best.

 

same as above

 

but please start your own thread

 

dx

[maxine989]

Hi, this so resonates with me.

I too have hid my head in the sand,

continuously telling myself I can do it,

I will manage - somehow.

.

 

Hi. Thanks for posting. Yes.

.. we'll get it sorted I'm sure..

. but it is all quite scary.

 

I sorted the first stage today and that was to send the letters out to credit card companies explaining my circumstances and asking to accept a token payment.

 

These we're

Barclaycard,

Debenhams card (Santander) and

Vanquis.

 

Ironically Vanquis was a credit card I obtained to try and improve my credit score when I though I was going to have to sell my house and get another smaller mortgage.

 

It turned out my house has no equity in it at the moment, so I am staying put..

. which I am glad about because my credit rating is so bad I doubt I would get another mortgage.

 

I have kept the Vanquis card up to date and all in order so do feel a bit bad about ceasing the higher payments..

. but it is something that has to be done in order to be able to eat!!

 

I have to face the fact that my credit rating will get to an all time low once these creditors get the news I am no longer paying them in full.

 

I have some other old debt with

Restons,

EOS solutions and

First credit direct, where I just pay £10 per month.

 

They were companies that bought on old debt from other creditors years ago.

It's been that long that I can't even rememebr what the original debt was for,

who it was with or how much I owe.

 

I've been paying £10 per month to all of those for a very long time.

 

I guess I should contact them too and ask them to send me a statement of what I owe.

[maxine989]

first port of call is get your cra file.

 

any debts that dont show need to be investigated as to WHY you are paying anything

 

next is list your debts here please

and whom you are paying.

 

dx

 

I obtained a CRA file a few months ago and took some time to go through it all. I cancelled the subscription though as once I had used it for a few weeks, didn't see the point of paying monthly to view it, as I know it will just get worse and worse and more into the RED BAD CREDITOR part of the dial. Is there a need to obtain it again?

[maxine989]

I have just renewed my membership with Experian... ironically using the credit card I am about to default on... hard times or what!!

 

My score was 'fair' at the moment. As i said, I have been trying desperately to pay EVERYthing that needed paying at the cost of other necessities.

 

I am now going to spend some time going through my file, checking everything is as it should be. Is there anything I should look for in particular?

[sillygirl1]

Have you checked that you are getting everything you are entitled to on http://www.entitledto.com

 

You could be missing out on some vital money - ie working tax credit.

 

The above site will give you a fairly accurate answer.

[maxine989]

Thank you for the info. Yes... I know I'm already getting everything I am entitled to. I do already get some tax credits.

[dx100uk]

Hi. Thanks for posting. Yes.

.. we'll get it sorted I'm sure..

. but it is all quite scary.

 

I sorted the first stage today and that was to send the letters out to credit card companies explaining my circumstances and asking to accept a token payment.

 

These we're

Barclaycard,

Debenhams card (Santander) and

Vanquis.

 

Ironically Vanquis was a credit card I obtained to try and improve my credit score when I though I was going to have to sell my house and get another smaller mortgage.

 

It turned out my house has no equity in it at the moment, so I am staying put..

. which I am glad about because my credit rating is so bad I doubt I would get another mortgage.

 

I have kept the Vanquis card up to date and all in order so do feel a bit bad about ceasing the higher payments..

. but it is something that has to be done in order to be able to eat!!

 

I have to face the fact that my credit rating will get to an all time low once these creditors get the news I am no longer paying them in full.

 

I have some other old debt with

Restons,

EOS solutions and

First credit direct, where I just pay £10 per month.

 

They were companies that bought on old debt from other creditors years ago.

It's been that long that I can't even rememebr what the original debt was for,

who it was with or how much I owe.

 

I've been paying £10 per month to all of those for a very long time.

 

I guess I should contact them too and ask them to send me a statement of what I owe.

 

sniff aniff

 

i smell a cash cow here.......

 

check your cra file

 

get noddle one too its free see below.

 

do ALL the people you are paying too SHOW on your cra file?

 

if some DONT you need to seriously look at WHY you are paying them anything

first port of call is a CCA request to ALL the do not show.

 

dx

[sequenci]

f

any debts that dont show need to be investigated as to WHY you are paying anything

 

 

The creditor in question may not choose to process information with that particular CRA, or any for that matter. It's not mandatory.

[dx100uk]

which is why i said CCA time.....

 

dx

[sequenci]

which is why i said CCA time.....

 

dx

 

[DuffNCustard]

I've just replied to another of your posts - the CCCS ran my DMP - they were just brilliant, always there when I needed them and handled my creditors a treat!