:Credit Card defaults since 2005

[sarajonsey]

Thanks DX, just a bit worried after reading some new posts on here over reconstituted agreements being acceptable and people being taken to court and charging orders on homes etc....when we entered into difficulties we paid a reduced amount for 5 years, then after requesting the CCA earlier this year, stopped payment.

 

(This particular debt is the one referred to in post 49/50 )

[sarajonsey]

Is the letter in post 50 by Cerberusalert still a valid one to send? Does the strict proof still apply or have the courts changed the rules on this.....very confused .

[dx100uk]

no they haven't changed

 

sit tight do nowt

 

dx

[sarajonsey]

Reading lots more stuff on here re: unenforceable agreements and worried .....

Do I still sit tight on this?......... from what I have read many people are facing charging orders....is this right that they can place a charging order on a property? I thought this couldnt happen with credit card debt, as they were non priority debts?

Many posts are suggesting this is a no win situation...if the money was borrowed it must be repaid...no matter what the agreement suggests as judges dont need original copies and do not look favourably on these cases.

 

The situation so far for us is that we faced up to our debts in 2005 and made reduced payments initally... followed by token payments when we could no longer afford the reduced payments...we did this for approx 5 years till 2010, then last April read all the stuff on here and followed the advice given.... applied for cca's.... posted the info on here and after advice given stopped payments and challenged the agreements as they did not contain all the prescibed terms.

 

What are the chances of me being taken to court judging the agreements I have posted up, with 5 yrs of reduced payments and non payment for approx 9 months, I have had letters threatening court action for the past 6 months or so, usually stating that if I dont pay the full amount in 7 days they will commence proceedings, but I have sit tight so far.

Would they have taken me to court by now if they were sure to win???

My Mint agreement is post #48

Lloyds #59

Edited February 5, 2011 by sarajonsey
added extra info..

[sarajonsey]

is mine ok because it dates back to 1997 and was only an application form which I'm told does not contain all the prescribed terms....is it different for some than others.

just need reassurance that i'm doing the right thing

[sarajonsey]

Again it's an application form which does not contain any of the prescribed terms under CCA 1974 nor the 'right to cancel' under CCCA 1983 so unenforceable.

 

Cerberusalert.....is this still classed as unenforceable? Can it be brought to court?

Been reading about lots of changes going on and am totally confused .

[cerberusalert]

Don't worry, yours dates back to '97 it's agreements from 2007 that have been affected by new rulings.

[sarajonsey]

Thanks , Cerberusalert

I really do appreciate your reply.

Knowing that there is no way this could get to court is a huge relief to me, thank you.

[sarajonsey]

Had a letter re: the MINT account....the last letter in December after the doorstep visit offered us a "SUBSTANTIAL DISCOUNT" to settle.......now we are getting letters from some DCA called Regal Credit, same old bumf as before in this letter.

 

Also had a letter re: the Capital One account, the letter says they are no longer dealing with this account and have sold to Lowells.

stating that in the coming days LP will contact us and in the next 40 days they will start reporting against our credit file......Capital One have been doing this since 2005, am I right in thinking that it cannot be listed again?

[sarajonsey]

Do I carry on ignoring the the new owner of the debt.....or do I send a letter informing them this account is disputed?

[cerberusalert]

Capital One have been doing this since 2005, am I right in thinking that it cannot be listed again?

They can only update any default they cannot re-register it. After six years it drops off your file and cannot be re-entered.

do I send a letter informing them this account is disputed?

Yes.

[sarajonsey]

Cheers:-D

[dx100uk]

Had a letter re: the MINT account....the last letter in December after the doorstep visit offered us a "SUBSTANTIAL DISCOUNT" to settle.......now we are getting letters from some DCA called Regal Credit, same old bumf as before in this letter.

 

well thats good

a discount is always a sign they either have no papwork or the debt is all unlawful charges or PPI

 

dx

[FCC]

They can only update any default they cannot re-register it. After six years it drops off your file and cannot be re-entered Can I just enter a query here, I have just received a letter from a CDCS Central Debt Collection Service stating that my Masterloan account has been closed and passed to them. Usual demand for immediate repayment but states: Our clients have recorded default information at licensed CRA's which may seriosly affect....etc. By my reckoning this makes three times Masterloan have defaulted this account, 1st time in 2000, then in 2008 and now this. I am awaiting my record details from all CRA's at this time. Can this be right and if not what can I do about it?. regards

[cerberusalert]

They can only update any default they cannot re-register it. After six years it drops off your file and cannot be re-entered Can I just enter a query here, I have just received a letter from a CDCS Central Debt Collection Service stating that my Masterloan account has been closed and passed to them. Usual demand for immediate repayment but states: Our clients have recorded default information at licensed CRA's which may seriosly affect....etc. By my reckoning this makes three times Masterloan have defaulted this account, 1st time in 2000, then in 2008 and now this. I am awaiting my record details from all CRA's at this time. Can this be right and if not what can I do about it?. regards

Make a complaint to the credit reference agencies, Trading Standards, the OFT & the ICO.

[FCC]

Thanks

[sarajonsey]

Its been about 10 weeks since my last post.....still getting the usual "threat" bumf in the post every couple of weeks which I ignore as advised, but now they are ringing my office in work and passing messages on to me through members of staff asking me to ring urgently and giving them reference numbers. Surely they are not allowed to do this? How do I put a stop to it.? Its easy enough to not answer the phone at home but when they start harassing at work its another thing!

I have told the office staff not to give any of my personal details to anyone. Is there a letter I can send please?

[cerberusalert]

Complain to Trading Standards.

[brokebutnotbeatn]

telephbone harrassemnt letter - see templates (and complain)

[sarajonsey]

ok, thanks both...have done that now.

This week they have sent out the "substantial discount" letter (again)

[dx100uk]

as in post 88

 

dx

[sarajonsey]

Sent letter to new DCA saying Barclaycard account in serious dispute for well over a year now, they said they would investigate but have come back to me saying that Barclays have fully complied with my requests ....(what Barclays sent me in reply to my CCA request is back in post #52...this is all I ever had from them).....do I ignore or just keep churning out letter #50 ?

[sarajonsey]

....will just KEEP sending the same old letter I suppose.....keep reporting them....nothing else I can do .....till they get the message.

[dx100uk]

time to ignore them all

 

you are obv on a phishing list

 

the more you respond

the more mug markers you'll get

 

dx

[dx100uk]

seeing stuff in your other thread

is this the Lloyds mastercard they sent the application form back as the CCA return?

 

 

dx