some credit card debts might be challengable due to errors on the agreement.??

[superstarjan]

Hiya

Sorry if I've posted this in the wrong section, (all the abbrieviations are baffling me a little), I've spent a bit of time reading through posts but not found what I'm looking for.

 

Basically, I've just read on Martin Lewis' website that some credit card debts might be challengable due to errors on the agreement. Is this true and how do I go about finding out whether this is the case with my credit cards?

 

Thanks

Jan

[creditcardmug]

Hi and welcome, yes it is true, can you give us a little background, start a thread for each one and give a few basic details (dont include anything personal).

 

Regards CCM

[superstarjan]

Oh thank you very much for your help!

 

I have 4 credit cards (had them for for over 3 years) but with the current credit crunch, I can't afford to pay the minimum payment on them anymore. I was looking for some template letters and advice on how to arrange a lower monthly payment with the banks and to see if I could get the interest frozen, when I read that some credit card debts might be challengable due to errors on the original agreement. But I have no idea whether this is the case with my credit cards or how to find out.

 

Thanks again

Jan

[creditcardmug]

Hi, if the cards are only 3 years old then the chances are they are enforceable, you can find out by sending them a CCA request, however this may have the effect of upsetting them a little, making negotiations more difficult.

 

At this stage i would suggest doing an income and expenditure summary showing what you have left per month to pay all of your unsecured creditors and make them an offer based on that.

 

Tell them in your letter that you have become overcommitted, and must reduce your payments and ask them to suspend interest and charges.

 

A few important tips,

1 dont talk to them on the phone

2 never sign anything just type your name

3 dont give them any details of your employment

4 dont give them your mobile or any other phone number they dont already have.

 

Any more questions ask away.

[superstarjan]

Hi there!

thanks for your help, I shall do that. Oh and please excuse my ignorance, but what is a CCA request?

[creditcardmug]

You can request a copy of your Consumer Credit Agreement by sending a request (template on here letter N) enclosing £1 P.O. , they have 14 days to reply with it otherwise you can put the account in dispute, then they cant demand payment or do anything else until they have complied with the request.(in theory anyway).

[superstarjan]

Is there a template letter on here to send to the credit card companies to ask if I can pay a lower monthly amount and to have the interest frozen? Ive looked for hours, but I seem to be going round in circles.

Thanks

Jan

[syds mum]

hi there hope this link works

 

Letter Templates & Budget Planner

 

just click here and should take you to letter templetes!!!

 

debbie xx

Edited September 30, 2008 by syds mum

[superstarjan]

thank you very much!!!! xx

[superstarjan]

One other question, I have just opened the budget planner and on the income bit, do I need to declare mine and my daughter's DLA?

 

thanks

Jan

[syds mum]

hi jan as far as am aware DLA is not used in any other means tested appications so not sure!!! but when i did my income and expenditure i inclueded WFTC and CB...

 

did the link work??

 

debbie xx

[superstarjan]

Hiya! Ive sent off the letter C, 7 days ago (asking to freeze interest and payment for 6 months on credit cards), but haven't heard anything yet, my house phone is diverted to my partners mobile and he is receiving around 8 calls a day. Should I talk to them on phone, or wait for a reply in post?

 

In other words,what is the next step?

thanks

Jan

[syds mum]

hi jan in my experiance if you talk to any of them on the phone all they try to do is get money out of you!!! so in answer NO... also nothing can be proved should this go to court... and belive me they try to claim you have "ignored them and not made an effort to resolve the problem" so always correspond in writing...not sure re next step just gonna bath kids then i will give your thread a read and see where you at!!!

 

debbie x

[superstarjan]

Oh thanks again Debbie x

 

Basically i sent off the letters over a week ago to ask them to suspend the accounts for 6 months and that I can then re-assess my situation after that time. I also did a budget sheet (I put on the DLA too) showing my income is now less than my outgoings.

 

I have received this months statements, all with a late payment fee added to them and also the interest aded as normal.

 

Thanks

Jan

[superstarjan]

I have received two letters today, asking why I havent made the last payment. And they have a telephone number to call. They must have received my letters by now, (I sent four to 4 different cards, so it's strange for all four "to go missing")

 

I'm not sure what to do next? Is there another template letter I can send?

[syds mum]

hi jan did they actually reply to your letters or are these letters you have recieved just "why havn't you paid"?

if they havn't acknowledged reciept of your letters then you need to send again but mention that you have had no reply and tell them you have already wrote regarding this matter but got no response!!!!!

the next step would be letter D in the list of templetes but this is for when they have REFUSED your offer!!!

i would wait a little longer to give them chance to reply!! they will always try to contact you by phone or tell you that you "MUST phone this number now to resolve the matter" keep writing to them but never talk to em on phone!!! i always use the "since recent sercurity breaches" as reason for no telephone contact, you never know who you are talking to!!!

they have to confirm who you are before they speak to you, my answer is "whats your date of birth and can YOU confirm your address" if by any small chance they actually do (which i very much doubt) then say o.k i will have to confirm your indentity before i speak to you, thank you good bye" great fun!!!! NEVER get wind up by them, be nice!!!

also have you included your income and expenditure in first letter sent??? if not do it now!!! and did you send the letters recorded??

 

debbie xx

[superstarjan]

Hiya! No, unfortuantely, I didnt send the letters recorded (will do from now on).

 

I have now received two letters back from two companies refusing (to allow me to pay nothing for 6 months and freeze the interest), although they do state that they may reconsider if I go to a debt counselling service and submit a financial statement from them as they conform to the British Bankers Asocaition guidelines. Also, I have recieved one default notice from amex and 3 reminder letters from barclaycard. so it appears they are not acknowledging my letters. I shall re-send.

 

I have had a look at the template letters and they will need adjusting a little as its mainly saying that "my others crecit cards have agreed to my offer" and they haven't.

 

As the days go on, i'm feeling more and more scared, discouraged and helpless. Is it the norm for the banks to want to go to court, or do they usually agree to these offers?

 

Thanks again for all your help, it really is appreciated.

Jan

[syds mum]

hi jan dont feel scared love thats what they want!!!! it is all scare tactics!! you need to send letter D from the tempelets library to the two company's that have refused your offer! HAVE YOU DONE AN INCOME AND EXPENDITURE?? this is the same as a financial statement it is list all income and outgoings and shows what surplus you have to offer once you have taken outgings of the income!!!

they do normally accept offers after they have tried to get as much money out of you as they can!!! you have to remember to keep your chin up and dont under any curcumstance give in and say you will pay them any more than the offer! as quite simply you cant!!! if you were to pay one company more than the other than the pro rate offers will not add up right and the other creditors will than start to hassle you!!!

did you say that you have NO surplus to pay anything???

if they do go to court the judge cant take of you what you dont have so if you show that you have contacted you creditors in good time and treid to give as much as you can afford than how can a judge take any more off you!!! its when people ignore the problem that tend to get judgements against them!!!

 

please try not to worry it will come together just remember to stand firm and dont let them intimidate you!!!

got a thread i want you to have a look at jan its a good in sight into how debt collection agents work.. will find thread and post below!!!

Inside a DCA!

debbie xx

Edited October 23, 2008 by syds mum

[syds mum]

heres that thread...

Inside a DCA!

debbie x

[superstarjan]

Thanks a million Debbie, that was just what i needed to "get me going again".

 

I did send a budget sheet with all 4 letters.

 

ive sent of the letter D, but ammended it slighty as it refers to other creditors agreeing, and also sent another letter to amex and barcalycard enclosing a copy of my 1st letter.

 

At the moment I have nothing to pay, and will review it in 5 months (originally i said 6 but a month has now lapsed), hopefully then i will be able to make an offer of payment to all of them.

 

thanks for the link, i shall read it now

Jan

[superstarjan]

I have had a letter today saying that a representative from bank of scotland will calling at my home and i have to telephone them if the date is not convenient, can they do this?

 

HELP!!!

[underdog13]

I believe they are not supposed to send a debt collector to your home without making an appointment with you first - which of course you won't do!

 

Send them a letter (by recorded delivery) along these lines:

 

Dear Sir/Madam

 

 

Account Number: XXXXXXX

 

I am writing in relation to your methods of contact with me; I now require all further correspondence from your company to be made in writing only.

 

Should it be your intention to arrange a “doorstep call”, please remember that there is only an implied license under English Common Law for certain people to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.).

 

Please therefore take note that, I revoke license under English Common Law for you, or your representatives to visit me at my property and if you do so without my permission, you will then be liable to damages for a tort of trespass. You would also be conspiring in a trespass if you sent someone to visit me nevertheless.

 

Should it be necessary, I will obtain an injunction.

 

Yours faithfully,

print name - don't sign.

 

I know it's easier to say than to do, but please try not to worry superstarjan. These are scare tactics and are designed to frighten and intimidate you. I was in your position a few months ago, worried sick and not sleeping, until I found this wonderful site and these fantastic, helpful people:-D

 

Know your rights, stand up for yourself, fight back, and keep logging on to this brilliant site!

Best of luck to you:)

[syds mum]

Hi Jan Sorry Not Been On For A While Been Really Busy With 4 Kids And Hubby To Tend To!!!

 

Hi Underdog And A Big hear Hear!!!!

 

Couldn't Have Put It Better Myself Send The Letter Jan And Chin Up!!!

 

Debbie Xxx

[underdog13]

Hi Debbie. 4 kids and a hubby - doesn't that equal 5 kids, lol

[superstarjan]

Hiya!

 

I did send the letter!

 

They are still harassing me by telephone though, I've had over 100 calls this week on my landline and mobile, so ive just found the "harrassment by telephone" letter and that is being sent tomorrow.

 

I have started answering the phone every time they ring now instead of ignoring it and just tell them that I will give no details out on the phone and to contact me in writing only.

 

Sometimes when they ring, there is nobody there!

 

hope you're ok?