money owed on credit card - help needed

money owed on credit card - help needed

Postby iwontdowhatyoutellme » Tue Dec 29, 2009 2:12 pm

Hello all, sorry if this same thing has been posted before!
Basically i was in a lot of debt with various loans and credit cards, i worked hard and payed off nearly all of my debt. Some of which i transfered from one credit card to another beacuse it was 0% interest on tranfers.
I was recently made redundant and since the period of 0% interest has expired, so i am now paying interest on this and if i miss a late payment by 1 day im charged £12.00.
What would people suggest i can do to clear this debt? If i stop paying and try and fight, and loose the amount will bw massive because of the £12.00 charges.
And is there any way i can claim back the back log of £12.00 charges for paying a day late?
Any help would be brilliant, once again sorry if the same thing has been covered...
iwontdowhatyoutellme
 
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Re: money owed on credit card - help needed

Postby iwontdowhatyoutellme » Tue Dec 29, 2009 6:14 pm

am i right in thinking this should be the 1st letter that i send to the CC company??

Dear Sirs,

Account No:

I hereby formally request a copy of my Consumer Credit Agreement, 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 any account you deem to be mine, 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 (12 + 2 days). 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 personal cheque 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 and then remove the incorrect entry from your systems.

I do, expect the main actions to be dealt with, as matter of course, and look forward to hearing from you within the prescribed timescales quoted.


Yours faithfully




Sign digitally
iwontdowhatyoutellme
 
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Re: money owed on credit card - help needed

Postby iwontdowhatyoutellme » Wed Dec 30, 2009 6:04 pm

can anyone help with this?? do i have a case to wipe this debt off?
As it was transfered from another card years ago, how does this effect the situation?
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Re: money owed on credit card - help needed

Postby aquavit » Wed Dec 30, 2009 6:19 pm

I'm no expert on this, still learning, but rather than going down the CCA route you could try the template letters offered on this (and other) sites requesting proof of loss by the bank or CC company, signed documents by both parties etc.

I am doing this with a number of "creditors", having stopped paying them I am getting around 50 phone calls a week - all of which go ignored :grin: But I know I am doing the right thing for me and I now feel at peace with my decision rather than worrying about how I was ever going to pay these shysters back.

You have to ask yourself what's the worst that can happen if you never pay them a penny more and can you live with any possible consequence. If you have no job then surely paying these gangsters is the least of your priorities, focus on what is right for you.
aquavit
 
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Re: money owed on credit card - help needed

Postby iwontdowhatyoutellme » Thu Dec 31, 2009 1:13 pm

Thanks for that, do you have an exmaple of the 1st letter i should be sending?.... theres loads ive seen im not sure how to start though..
Also ive read about these people spelling your name in ALL CAPS. This is how my name appears on letters from them, can anyone clear up what this means please?
thanks
iwontdowhatyoutellme
 
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Re: money owed on credit card - help needed

Postby Arten » Thu Dec 31, 2009 2:54 pm

iwontdowhatyoutellme wrote:am i right in thinking this should be the 1st letter that i send to the CC company??

Dear Sirs,

Account No:

I hereby formally request a copy of my Consumer Credit Agreement, 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 any account you deem to be mine, 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 (12 + 2 days). 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 personal cheque 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 and then remove the incorrect entry from your systems.

I do, expect the main actions to be dealt with, as matter of course, and look forward to hearing from you within the prescribed timescales quoted.


Yours faithfully




Sign digitally



Do not forget to include the £1 post order I sent mine in they returned it saying they would waive the fee. However, they then tried to coerce me into giving them a signature which I offered to do for £50K.
They have not replied to my request and I continue to dispute their claims on two fronts.
Arten
 
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Re: money owed on credit card - help needed

Postby DannyBhoy » Thu Dec 31, 2009 9:00 pm

Use the freeman route mate, forget the CCA route, the freeman route shows the holes in their unlawful system and they have no lawful argument except a few threatening letters, which after the proper responses will go away, because your right, i know as i have done it.
Words Are Weapons
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Re: money owed on credit card - help needed

Postby iwontdowhatyoutellme » Sun Jan 03, 2010 12:58 pm

So is the quoted letter the best one to send 1st? il be sending out this comming week :)
iwontdowhatyoutellme
 
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Re: money owed on credit card - help needed

Postby iwontdowhatyoutellme » Sun Jan 24, 2010 2:37 pm

stoped payments with virgin and had a letter from MBMA asking why i have stopped... should i send the letter above?
also i have other accounts with virgin... is there anyway they could take the money from these other accounts to pay my debt?
iwontdowhatyoutellme
 
Posts: 19
Joined: Tue Dec 29, 2009 2:02 pm

Re: money owed on credit card - help needed

Postby iwontdowhatyoutellme » Sun Jan 24, 2010 3:04 pm

can some one tell me what would be the right letter to send using the freeman way? id rather do it this way
thanks
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