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8K credit card debt!!


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Just joined the site after reading these forums a few times and you guys seem so cool.

 

Ok then my story goes in the summer of 2003 I was caught unaware when coming out of a bank after making a cash withdrwal, and a lady stopped me and asked me if I was interested in a credit card, I said no to start with and walked past, then she called me back and said her job was is in danger if she didnt get enough people applying, she said just apply and rip the card up when you get it if you dont want to use it.

 

Anyway I agreed and she asked me the questions while she filled in the application form. I recieved the card with £1100 limit on it about a week later. Anyway a few months later I was pretty skint and used the card to feed my gambling habit and soon the card was maxed out, then the limit was upped to £1900, £3100, £5200, and then £6950. Last July the card became maxd out (again) and this time no letter offering to up the credit card limit. I could no longer afford the min payments of around £160 a month. The card was 90% used to feed my gambling addiction.

 

9 months later the debt stands at £8000 (added interest since last July) and is now with a collecton firm.

 

Im getting the letters asking for full payments, threats of legal action, door to door collector calling, they have left a few messages ony answering machine wanting me to contact them.

 

Im pretty sure I never signed anything apart from an application form so not sure wether they have a CCA.

 

I have no taxable income at the moment and only have a car of value.

 

I have no other debts or any other credit cards, no one else stupid enough to give me then.

 

any advice welcome, thanks in advance

 

Mark

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Usually... You'ld have my complete sympathy.....

 

But then you went onto... "My gambling habit"...

 

Do a CCA request. Quite simply, if they provide... You're screwed, and you deserve everything you get. If they don't come up trumps, you've had a very lucky escape.

 

Consider contacting Gamblers Annonymous!!

Gamblers Anonymous in the UK

 

Until you renounce your gambling habit, you're a lost cause. Sorry if all that seems a bit harsh, but, you've got to admit that you have a problem before anyone can help you...!

 

I'll look out for you in the future... Good luck & best regards, Dave.

If my post was helpful don't forget to click the star!

Advice is offered freely, without liability and without prejudice.

If in any doubt professional legal advice should be sought.

 

I do not profess to be in any way legally trained, I am a big

oily truck driver and all I know has been learned within the

Consumer Action Group.

 

FAQ's

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

 

Trying to stop smoking?

http://www.consumeractiongroup.co.uk/forum/give-up-smoking-here/

 

A dummies guide to the forums

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

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Q: " But then you went onto..." , "My gambling habit"...

 

That's because, i've been there too!

If my post was helpful don't forget to click the star!

Advice is offered freely, without liability and without prejudice.

If in any doubt professional legal advice should be sought.

 

I do not profess to be in any way legally trained, I am a big

oily truck driver and all I know has been learned within the

Consumer Action Group.

 

FAQ's

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

 

Trying to stop smoking?

http://www.consumeractiongroup.co.uk/forum/give-up-smoking-here/

 

A dummies guide to the forums

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

--

KEEP WILDLIFE IN THE WILD

http://www.bornfree.org.uk

BORN FREE FOUNDATION

--

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It was a silly thing to do I know that now!! my last bet was on boxing day, but thats probably more down to me NOT having no switch or the credit card anymore to put money into my online account, when I lost I just stuck more in to chase it, just STOOOOPID!! I dont really miss to tell you the truth.

 

 

So what exactly is a CCA, would I signed it when I applied, thats the only time I couldve signed one, as I recieved the card thru the post I signed no other contracts and sent back, apart from the original application form.

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makes me laugh when these call agents call themselves mr ad mrs so and so when they leave a message, who the hell do they think they are.

 

You might want to look into sections 46 through to 50 of the CC Act...I'm not sure which section it is but it says that it is illegal to sign people up for credit agreements on public highways etc.... I'll see if I can find it...I think its section 49, maybe 50.

Just hate every DCA out there

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section 2 of act 49 seems to suggest they have broken the terms.

 

but how would an earth would you prove it.your word aginst theres I suppose.

 

You'll need to see the original agreement, so send this letter to them with £1.00 postal order and send recorded..

 

Account number:

 

To Whom It May Concern

 

I require you to supply the following documentation before I will correspond further on this matter.

 

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee.

 

2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

 

3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

 

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

 

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

 

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

 

 

Yours Faithfully

 

 

 

Just hate every DCA out there

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pmhcfc vbmenu_register("postmenu_688056", true); what are the chances they have a CCA do you think?

 

im scared to death they do LOL but cant see it myself

 

cheers mate the letters seems great ill post it off

 

Well...If they've got the Original Agreement, they've got it and you'll have to work out some sort of repayment plan...BUT you've still got the fact re the offence they committed...Please keep me updated on how things go...I take it you've read all about how many days they have to comply etc

Just hate every DCA out there

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