I am now getting into serious trouble

[Cambo 1]

I am new to this and upon the advice of a friend I am looking for some help with regards to credit card debt.

My wife and I between us owe in excess of £28,000 on cards and whilst we previously enjoyed a good lifestyle our finacial world has absolutely fallen apart.

I have now missed 3 monthly payments and I have absolutley no chance of bringing these cards into line.

Finacially as I am property based, my income has dropped to zero and I am surviving on the charity and good will of friends and family.

With things the way they are I can not see my position changing for at least a year and with no chance of a regular income I need to try and find a way to hold these people at bay while I try and sort someting out.

Is there a way to put these debt on hold?

Any advice would be gratefully recieved.

 

Thanks Cambo 1

[gizmo111]

Are you claiming all the benefits you are entitled to? Check here

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You need to write to each of the creditors and tell them you can only afford token payments of £1 per month for the foreseeable future and ask them to freeze interest and charges.

[Fangio of the nineties]

I think Cambo needs some advice on whether his creditors can enforce these debts.. anyone have the link to the CCA request letter..

 

thats seems a good place to start

 

FOTN

[cerberusalert]

First send them a CCA request to each credit card company to see if these debts are enforcable. They have 12 + 2 days to comply to your request. If they fail or the CCA is unenforcable you can legally withold any payment until they do. Send it recorded delivery enclosing a £1 postal order. When you get a reply, scan it & remove any identifying details and post it back here where we can have a look at it. We'll advise you from there;

 

 

Dear Sir/Madam

 

Re:- Account No: XXXXXXXX/Your Reference Number: XXXXXXX

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

You should also note that I will only discuss this matter in writing and should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you or any of your associates.

 

There is only an implied license under English Common Law for people to be able 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.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

 

I look forward to hearing from you.

 

Yours faithfully

 

(Print do not sign signature)

[davey77]

Also, once you start to get responses to the CCA requests, start new threads and don't jumble several creditors up in one thread.

 

You'll get better responses here and it will help to organise everything clearly.

 

Barclays in the Barclays forum, Halifax in the Halifax forum etc etc