Ł50k CC/loan debt and job loss

**Sapphire** · 25th June 2009, 20:00:PM

Re: Ł50k CC/loan debt and job loss

Hiya

Well you certainly have done the right thing by writing to your creditors and making pro rata offers of payment. Hopefully they will agree to freeze the interest and accept the offer for at least an interim period.

Good idea to send CCA requests as well, lets see what comes back and can then work out the way forward.

Ok now do you know if you have any charges / PPI on any of them ? It would be worth you claiming that back and anything will at least reduce the amounts on the debts for you.

Here's the link to the Advice and Guides section Advice and Guides - Legal Beagles although I suspect you have had a really good read anyway.

You say you have a business account with Nat West to be honest they should not touch any of the money in that account as it is a business. Regards your personal account its wise to stop your direct debits and you say your wife has a separate account you could use, you could then start to claim back the charges that are on the account. Another idea is to get a Nationwide Flex account, a lot of us on here have one, you can do online banking, direct debits etc, its excellent and seems to be ideal for me I have all my household stuff now coming out of one account.

Please give a shout if there's anything else we can help you with, as I believe that you pretty much have it all in hand already.

**consumerchicken** · 26th June 2009, 19:21:PM

Re: Ł50k CC/loan debt and job loss

thanks for the response Saphire!

I'll let you know what responses I get re: freezing interest etc. I have sent CCA requests today. As I mention I already know that one of my CCAs is unenforcable - what can I actually do about it - will wait and see what they send back.

I don't have any PPI but I do have Ł500 ish of Natwest charges over the last 6 years - so will start a claim on that.

Will also look into the nationwide flex account, thanks for the advice.

**consumerchicken** · 2nd July 2009, 15:51:PM

Re: Ł50k CC/loan debt and job loss

I have had a letter and email from egg today re: direct debit cancellation. The email reads:-

Dear

Please call the above number to set up a new Direct Debit instruction.

As it is a condition of your Egg Card Agreement to have a Direct Debit in place to make repayments to your account, you'll need to set up a new Direct Debit immediately to be in time for next month's payment.

We're aware that you have other accounts with Egg. We can also review your other Direct Debit instructions when you call.

It is important that you do not use your Egg Card account until a Direct Debit has been set up as we have placed a temporary block on your account. This will only be removed once the Direct Debit is fully restored. Please be aware this could be up to 10 working days after we receive your request.

If you're unable to set up a Direct Debit on the account used to repay your Egg Card, call our Collections Department immediately on 08456 000 296 to discuss alternative arrangements.

Any advice appreciated? thanks

**Mochamoo** · 2nd July 2009, 16:40:PM

Re: Ł50k CC/loan debt and job loss

I have an identical letter

I wrote back and told them i had written to them at the start of June and they had as yet not replied and it would explain why my DD was cancelled. They still have not written back.

Have you checked to see if your family is getting all the benefits you are entitled to? Start Calculation
Also have you applied for the gov mortgage interest scheme?

**consumerchicken** · 2nd July 2009, 19:26:PM

Re: Ł50k CC/loan debt and job loss

Hi, when did you receive the identical letter? ie how longs it been since they haven't replied?

I think I'm going to have to look into benefits soon. I'm still hoping to get a job soon!

**Mochamoo** · 3rd July 2009, 18:51:PM

Re: Ł50k CC/loan debt and job loss

Last week sometime

Apply for the benefits now...if you get a job brilliant if it takes awhile you still have money coming in till you are back on your feet.

**consumerchicken** · 7th July 2009, 14:00:PM

Re: Ł50k CC/loan debt and job loss

Hi - still no hope on the job front! But...

Egg have called me on Saturday and also today.

On Saturday I advised the lady that I'd lost my job and recently written in, explaining my situation. The lady said although money was tight could I make a Ł1 payment, so I did by switch. She also asked for a CCCS reference number. I said I didn't have one but I'd looked at their website.

The lady that called today asked for the arrears money - I advised I'd paid Ł1. She checked the notes and said I need to provide a CCCS reference number or the phone calls will continue as I'll still be in the 'system'.

I only have a CCCS web number and on the web page that it gives it you it advises not to give the web number to your creditors. So I guess I shouldn't give it to Egg????

**consumerchicken** · 11th July 2009, 10:49:AM

Re: Ł50k CC/loan debt and job loss

Hi All,

Egg keep calling but I'm ignoring them.

I have received CCAs from Barclaycard (for Goldfish as well) and Sainsburys.

On one account, Barclaycard have sent me a generic CCA - it doesn't even say my name just - These are the terms and conditions of an agreement between us (Barclays Bank PLC...) and you, the person who signed the agreement (as named on the covering letter).

That surely isn't enforceable? They probabaly haven't got the original?

The other agreement sent from Barclaycard is similar but it has my name and address printed on it. These aren't originals just recreated documents???

The CCA from Sainsburys has come from Halifax Card Services? In their letter it clearly states they have eclosed 'a copy of your reconstituted version of the executed agreement comprising both the original and a copy of the current terms and conditions together with a signed statement of the account'

They have enclosed 2 recreated CCAs on 6 sides A4 each, one with my old address and one with my current.

These can't be enforcable as they are on 6 sides and reconstituted?

I think I need to send the account in dispute letter? Any advice please?

**scoobydoo** · 11th July 2009, 22:22:PM

Re: Ł50k CC/loan debt and job loss

bumping your question up.

My golden rule - keep everything in writing - say you do not want to discuss on phone and start a file of all correspondence now in case you need it later.

hopefully you will get a reply tomorrow from another poster

**consumerchicken** · 12th July 2009, 18:32:PM

Re: Ł50k CC/loan debt and job loss

Hi, I have started a folder with seperate sleeves for each lender/account, also keeping recorded slips etc.

Something interesting is the fact that only 2 out of 8 of my wifes Ł1 cheques have been cashed - these both by Egg. Even though only Barclaycard and Sainsburys have replied with CCAs? Maybe they don't bother cashing them???

**consumerchicken** · 12th July 2009, 20:56:PM

Re: Ł50k CC/loan debt and job loss

Hello All, I'm thinking of posting this letter out to the banks that have not responded - do you think I should wait around 3 weeks from CCA request? ie 12+2 days?

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

I write with regards to the above account with your organisation.

Further to my letter of xxxxxx I respectfully request that you provide me by return a copy of the credit agreement which bears my signature. I require this as I have reason to believe that there may be discrepancies within the agreement which may leave it improperly executed.

Obviously if the agreement is improperly executed I would be entitled to ask the court to consider the agreement and make a declaration of the rights of parties to the agreement.

I must stress this request is NOT made pursuant to section 78 Consumer Credit Act 1974 but is made pursuant to the Civil Procedure Rules ( Pre action protocols and Part 31.16) and therefore an unsigned copy, or application form, will not suffice, only a copy of the original contract in its unaltered form will suffice in these circumstances.

Please confirm if you still hold a copy of my signed agreement and that you will provide me with this document.

I do not view this as an unreasonable request given that by supplying the document which I have asked for it will allow me to assess if my case has merit and will help to resolve matters possibly without the need to involve the court and will undoubtedly save costs on both sides.

I respectfully request you review this matter in light of my comments above and I request that you supply me with the required information.

Furthermore you should be aware that a creditor is not permitted to take ANY Action against an account whilst it remains in dispute.

The lack of a credit agreement is a very clear dispute and as such the following applies.
*You may not demand any payment on the account, nor am I obliged to offer any payment to you.
* You may not add further interest or any charges to the account.
* You may not pass the account to a third party.
* You may not register any information in respect of the account with any credit reference agency.
*You may not issue a default notice related to the account.

I reserve the right to report your actions to any such regulatory authorities as I see fit.

I look forward to your reply and would ask for a response by give them 14 days.

Regards

**scotsgirl** · 19th July 2009, 09:05:AM

Re: Ł50k CC/loan debt and job loss

Hi Consumer Chicken

Im having the same sorts of problems but have been getting great advice in these forums, particulary from Frisp, Curlyben and Amethyst (they are guardian angels!)

Frisp has put together a letter for me in my thread, for Sharkleys and Egg. There is also some good stuff he put together for me on the harrassment (believe me it gets worse with their continual phone calls) just keep ignoring them or if you can you should change your number.

This is my thread.... http://www.legalbeagles.info/forums/...757#post115757

Really, the person who said to you to claim any benefits you are due is right, try and get whatever you can from the DSS. Although a few years ago I was out of work for about 6 weeks and I didnt qualify for housing or council tax benefit because at that time I owned property over their asset limit.

With you having property (albeit in neg equity) you might find you wont qualify for housing our council tax benefit, but you would get at least job seekers allowance, which isnt much but its something.

Also check if you have payment protection with any of your cards. I had it with one of mine RBS and I was about to send them the dodgy selling of ppi letter but I thought I'd take a chance and make a claim because of my accident (which put me off work) and surprisingly (my minimum payment to my cc is Ł64 including Ł22 ppi.) they have just informed me that for the 3 months that the claim is valid for they will pay nearly Ł1000 off the said card. They have also said that I am due more and I need to just send them in a document and I should qualify for about another Ł300.

Im so glad I never stopped their PPi now :-)

Check all your cards and see if you have any with them, you might have forgotten about one

Keep your chin up, many of us are in the same boat as you are.

I would also suggest Payplan, as I put a friend of mine onto them. He had approx Ł40k in debts and was paying out Ł800 per month. They have now got the interest frozen for him and he's only paying Ł170 per month now. Albeit for a number of years, but he can sleep at night.

Feel free to PM me if you need someone to rant at :-)

Good Luck

Scotsgirl

**consumerchicken** · 20th July 2009, 23:31:PM

Re: Ł50k CC/loan debt and job loss

Scotsgirl,
Thanks for your post. I agree the advice and experiences shared on this forum are amazing.

I may use Frisp's letters - I'm going to post an update shortly with all CCAs etc received so far.

I don't think I'm going to be entitled to any benefits as I do have some assets. I should be able to get JSA though so have that on my to do list for this week.

I don't have PPI on any of my accounts. I decided that was a waste of money years ago!

I looked at Payplan and CCCS but decided to have a go at dealing with the banks myself!

I'll be following your thread so please do keep it updated!

CC
------------------------------- merged -------------------------------
Hi Everyone,

I took my family camping last week, I decided if we don't go now we won't be able to go in the summer holidays as it'll cost 3x the ammount!.

I now need to concentrate on getting my financial affairs in order!

Update regarding my CCAs and responses, I've scanned them in -

Abbey CC(MBNA)
Abbey have sent me 2 letters
http://i938.photobucket.com/albums/a...t-respon-1.jpg
http://i938.photobucket.com/albums/a...-response-.jpg
No CCA received!

Barclaycard CC
Have sent me a made up CCA, ie current terms not true copy - unenforcable?
http://i938.photobucket.com/albums/a...-cc-cca-p1.jpg
http://i938.photobucket.com/albums/a...-cc-cca-p2.jpg

Egg CC
CCA received but shows approved limit - please can somebody check this over and confirm it's unenforcable?
http://i938.photobucket.com/albums/a...-cc-cca-p1.jpg
http://i938.photobucket.com/albums/a...-cc-cca-p2.jpg

Egg Loan
CCA received but it refers to terms which are on other pages - unenforcable?
http://i938.photobucket.com/albums/a...oan-cca-p1.jpg
http://i938.photobucket.com/albums/a...oan-cca-p2.jpg

Goldfish CC
Standard terms and conditions received - unenforcable?
http://i938.photobucket.com/albums/a...-cc-cca-p1.jpg
http://i938.photobucket.com/albums/a...-cc-cca-p2.jpg

Natwest CC
Have sent a response to my financial statement
http://i938.photobucket.com/albums/a...t-response.jpg
But no CCA

Natwest Loan
No CCA

Sainsburys
Response received from Halifax?? CCAs reconstituted - as mentioned above. 2 CCAs were attached to this letter 6 spages each. Letter is interesting though! http://i938.photobucket.com/albums/a...rys-cca-p1.jpg

Please can anyone advise on moving forward - Shall I send the letter I posted above to Abbey, Barclaycard, Goldfish, Natwest (for CC and loan) and Sainsburys.

I guess Egg will have to be tackled differently! I could use Frisp's letters???

Thanks in advance.
CC

**consumerchicken** · 21st July 2009, 17:13:PM

Re: Ł50k CC/loan debt and job loss

Any CCA experts out there? please can you advise, I'd like to send some letters out tomorrow... thanks!

Ł50k CC/loan debt and job loss

Ł50k CC/loan debt and job loss

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