What a Mess

[theoldrouge]

various companies take differing stances, some more helpful than others

 

all will require a full I&E sheet, and will mark your cra files accordingly

 

read the link above, to see how they should behave, dont offer any more than you can easily afford

[Oldman124]

Hi again, just to update

- I have now received agreement from the bank to extend the mortgage for another year, on a capital and interest repayment.

 

 

I am now in the process of writing to the credit card companies to ask that the accounts be frozen, interest stopped and a reduced payment accepted,

as I will be unable to meet all the minimum payments as well as the mortgage payment.

 

 

From re-reading through the posts, I see that I should also ask for my original agreement with the card companies.

 

 

May I ask the purpose of this?

As everything was done on line,

I do not think I have any agreements that have been actually signed,

so do not understand the necessity (I am sure once answered this question will become abundantly clear,

but I am an old duffer who doesn't quite understand it all).

 

 

At least the mortgage is safe and I will be able to sleep again.

 

 

I will post again when I have the replies from the credit card companies.

 

 

Many thanks to all for their help so far.

 

 

Regards Oldman

[silverfox1961]

Glad to see that things are starting to come together for you. Well done for getting this far without a nervous breakdown

 

For any cards that were taken out pre April 2007 lots of companies didn't keep the paperwork so they would not be able to enforce any debts through the courts if a debtor decided to stop paying. Also, some contracts were never signed or they supply just an application form which didn't contain all the necessary information, rendering them unenforceable. I would use this method where a creditor is being obstructive.

 

There is also a possible route to reducing these debts if charges have been added. Credit card charges can be reclaimed as well as loan charges. these charges are levied for late payments or going over the limit. The same applies to Mortgage charges although this is more tricky. Overdrafts are nigh on impossible

[Oldman124]

Thank you Silverfox, that has explained it very well.

 

 

I will check on when the cards were first taken out, although I am fairly sure they were post-2007.

 

 

What I propose to do is incorporate a CCA request within the letters to the card companies asking for reduced payments,

sort of kill two birds with one stone, just in case the agreements are unenforceable.

 

 

Do you think this would be ok?

 

 

Can I also just check that the postal orders for £1 for the CCA should not be filled in?

 

 

I think I read that somewhere on here but would like clarification if possible.

 

 

Many thanks again, Oldman.

[silverfox1961]

There is different opinions on the filling in of payee details. I do as I make sure the payee is correct. Other leave it blank for the creditor to fill in. Either way you choose to do it, write on the reverse of the cheque/postal order, "Statutory Fee Only." If you incorporate the cheque/PO number in the letters and state there as well the stat purpose, that helps keep track of the PO details.

 

If you can, send all letters signed for as some companies will say they never got the letter, even if they did. If signed for is not affordable, get a free proof of postage from the Post Office.

[Oldman124]

Thanks Silverfox, I will get on with that now and update when I have received replies. Your help is invaluable and I am most grateful. Regards Oldman

[dx100uk]

CCA request is better sent separate.

however, if the credit is still with the original lender , then that could be somewhat pointless

certainly if its after 2007.

 

 

dx

[Oldman124]

Hi again.

 

 

Update to my situation as follows

 

 

- send three letters off requesting CCA's and offering a lower payment as I cannot afford the minimum repayments.

 

 

Received a reply from Capital One agreeing to this, and enclosing my original Credit Card Application which was July 2007.

 

 

The other two (Barclaycard and MBNA) have not replied to my letter at all.

 

 

Not sure what to do next regarding the latter two - do I just carry on paying the small amount I have offered and wait and see, or do I stop paying altogether?

 

 

The mortgage has been sorted and has now been extended for a year, and converted to a capital and interest repayment so I will finish that next July.

 

 

Any ideas as to my next move regarding Barclaycard and MBNA?

 

 

Ironically, MBNA contacted me regarding my card as they thought there was something wrong and said they were sending me a new card

with a new number to make sure it had not been used by someone else.

This failed to arrive at all, but have not heard a word more from them.

 

 

Not sure what to do about that.

 

 

Looking forward to any further help I can receive.

 

 

Regards Oldman.

[dx100uk]

cap1 application form you say not the agreement?

 

 

did they send the correct T&C's too..[date 2007 with you name on it?]

 

 

you can continue making your GOGW payments if you like or scan things up?

 

 

on the other two, if you wanted you could stop

as they've failed? the 12+2 working days deadline?

sar to MBNA might be useful to see what went on?

 

 

dx

[Oldman124]

Thanks Dx will check what they sent tomorrow and update. May I ask what GOGW stands for? I assume it's something to do with the lower payments? Will scan up the information from Cap1 as well tomorrow. Many thanks, Oldman.

[dx100uk]

it should have turned into a link..

gesture of good will.

[silverfox1961]

Hi again

 

If you can post up the 'agreement' cap1 sent you (minus all personal info and barcodes/ref no's) then we can assist in tha validity of it although if it is after April 2007 this may be a moot point (the rules changed then).

 

With the other two, as they have failed to supply, the account is in dispute and they should be told as much. Have you checked to see if the Postal Orders have been cashed? (Post Office can help there)

 

If you are not that bothered about your credit file being royally screwed, you could stop all payments until they comply with your request.

 

I would be inclined to make as much of a payment to ensure no default is placed and file a formal complaint to the banks.