Advice on debts/CCA's/Unenforcable CCA's

[mwnci]

Hi all!

 

I've been reading through the forums with great interest recently after I stumbled upon a link here when researching unenforcable CCA's. The wealth of information is fantastic. However, I'm not the most brilliant mind when it comes to making sense of agreements and whether my circumstances qualify me to take any action. So rather than confusing myself by reading through the forums any more I thought I would post my situation and see if anybody would be kind enough to advise me on options etc.

 

Here goes...

 

I have two credit cards both dating from early 2004 -

 

Natwest - £3400 maxed out - Have been paying £150 a month for years and years and it never comes down.

 

Egg - £1600 currently £200 overlimit - Egg have been taking a minimum payment out of my account since it started however they recently got in touch to tell me that I have been over my limit for over a year and I need to make a payment, hence my investigations. I know I should keep a closer eye on this account however I never spend on it and just assumed that the payment they take out of my account every month would be sufficient to keep it at an acceptable level until I could afford to pay more.

 

Both cards had PPI for at least 5 years at which point I cancelled. Natwest have charged me copious amounts over the years for late payments and one or two defaults and Egg have charged me overlimit fees as well.

 

I have just graduated from uni and am looking forward to being able to clear these debts once and for all, as they have been a burdon ever since I was 18. I am pretty much expecting to have to pay them off the old fashioned way, which makes me sick considering the size of the debt and the fact i've probably paid threefold that amount over the years, but any advice on unenforcable CCA's would be greatly appreciated. From what I understand from the other forums I should begin with requesting a copy of the initial agreement using the template letter from the National Debtline website?

 

Sorry this is quite long winded when perhaps it didn't need to be, as I mentioned before I'm not the most financially accute person around. However any advice you guys could give would be much appreciated!

 

Many thanks,

 

Nathan

[cerberusalert]

It would be better to send a SAR http://www.consumerforums.com/resources/templates-library/86-debt-collectors/576-subject-access-request-debt-a-dca to each of your creditors, from this you should get copies of your agreements, statements showing charges which you can reclaim along with any PPI. They have 40 days to produce this info.

 

If you are paying debt collectors you could also send a CCA request which will cost £1 each http://www.consumerforums.com/resources/templates-library/86-debt-collectors/581-cca-request-letter They have 12 working days from receipt to provide this information, if they fail or they supply an unenforceable agreement you can withold further payments.

[mwnci]

Thanks for the info I will get onto that asap... when I receive the relevant info from Natwest and Egg I will probably need to enquire what to do next... though until then I will be having a good read of the forums so hopefully I'll be a bit more clued up

[supasnooper]

Have a look at these links which may help you understand the enforceabilty of the paperwork (courtesy of 42man & steven4064) -

 

 

Is My Agreement Enforceable - Useful

Consumer Credit Agreements

[mwnci]

Thank you, those are a great help!