Help with credit card ?irresponsible limit increases?

[indebt2009]

Hi I have been told that my credit cards may have been wrong in allowing me so much credit and I was wondering if this is true or just another scam to get people who are already in debt to fall further!!

I first got my card in 2002 limit £1500, it is now at £7500 but i have been on incapacity benefit then working on the government scheme earning £2400 a year and last year became unemployed and pregnant so earn even less and so have missed payments on this and another card I am in the process of applying for a DRO but was told that MBNA may not have done something so it may not be a legal debt please help as i don't want to have to pay for a dro if i don't have too.

i know i was dumb to use the money but i needed income whilst waiting for maternity allowance to come and thought it might be more than £48

Please help
xx

[indebt2009]

credit card problems

Hi I have been told that my credit cards may have been wrong in allowing me so much credit and I was wondering if this is true or just another scam to get people who are already in debt to fall further!!

I first got my card in 2002 limit £1500, it is now at £7500 but i have been on incapacity benefit then working on the government scheme earning £2400 a year and last year became unemployed and pregnant so earn even less and so have missed payments on this and another card I am in the process of applying for a DRO but was told that MBNA may not have done something so it may not be a legal debt please help as i don't want to have to pay for a dro if i don't have too.

i know i was dumb to use the money but i needed income whilst waiting for maternity allowance to come and thought it might be more than £48

Please help
xx

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Is this the time to ask for the cca thingy or is that unrelated

sorry completely out of my depth

xx

[Tools]

Re: Help with credit card ?irresponsible limit increases?

Hi I have been told that my credit cards may have been wrong in allowing me so much credit and I was wondering if this is true or just another scam to get people who are already in debt to fall further!!

Who exactly told you this?

[Paule]

Re: Help with credit card ?irresponsible limit increases?

Threads Merged

PKea

[Amethyst]

Re: Help with credit card ?irresponsible limit increases?

Hiya xx

Yes it could be deemed as irresponsible lending but unfortunately in any but the most severe cases it wouldnt make much of a difference although might help get them to accept a repayment, and a CCA might help stop any enforcement and make the DRO unnecessary,

Have you got a repayment plan in place with the card company for the moment, and do you have nay other debts? How come you have decided to go for a Debt Relief Order?

Yes now would be a good time to send a full SAR and a CCA request. Legal Beagles = SAR ~~~ Consumer Credit Agreements - A Guide ~~~~ inc. Letters - Legal Beagles = CCA

I would expect you may have some charges on the account too, and the SAR will show those up.

Ame
x

[indebt2009]

Re: Help with credit card ?irresponsible limit increases?

Who exactly told you this?

I was told by a credit reclaim company and if i pay £190 they will get there legal team to right off the debt as it was sold to me wrong or something like that
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Hiya xx

Yes it could be deemed as irresponsible lending but unfortunately in any but the most severe cases it wouldnt make much of a difference although might help get them to accept a repayment, and a CCA might help stop any enforcement and make the DRO unnecessary,

Have you got a repayment plan in place with the card company for the moment, and do you have nay other debts? How come you have decided to go for a Debt Relief Order?

Yes now would be a good time to send a full SAR and a CCA request. Legal Beagles = SAR ~~~ Consumer Credit Agreements - A Guide ~~~~ inc. Letters - Legal Beagles = CCA

I would expect you may have some charges on the account too, and the SAR will show those up.

Ame
x

I was going to follow my husbands example and go for bankruptcy unfortunately we couldn't raise the funds!! When I asked Debtline they said to wait as I would qualify for a DRO as it is the poor persons bankruptcy. I have tried to set up a payment plan with MBNA but they said the amount I could pay wasn't enough so wasn't worth me paying
My other debt is council tax which I know isn't covered by the DRO even though it became enitirely my problem when my husband went bankrupt!! also have £700 overdraft
Ta for your time
xx

[Amethyst]

Re: Help with credit card ?irresponsible limit increases?

MBNA definately get the CCA letter off (its in the link I posted and you need to send a £1 post order with it). Keep making TOKEN (like £1 or £5 whatever you can manage) payments so it shows later you are trying to deal with things. Tools has a MBNA debt of £5k and is paying £15 a month towards it, they not happy but they're not taking any further action, and have frozen interest and charges - they arent EASY to deal with and they phone daily, but just stick to guns and make token payments, and when the CCA comes back (IF it does) we can sort things further and look at your options.

Deal with the Council Tax as a priority. Are you on an arrangement with the council for that?Do you receive any Council Tax benefit?


Re the Overdraft - which bank are you with? Also do you have any charges on the account you could reclaim ?

[Amethyst]

Re: Help with credit card ?irresponsible limit increases?

Re this

I was told by a credit reclaim company and if i pay £190 they will get there legal team to right off the debt as it was sold to me wrong or something like that

tell 'em to bog off lol.

[Paule]

Re: Help with credit card ?irresponsible limit increases?

It may be beneficial if you fill in the Income Expenditure Sheet Legal Beagles
so that you have all the debts etc in front of you.
That way it should make it a bit clearer.

It also a lot easier to see where the priority debts are, council tx, mortgage.

PKea

[indebt2009]

Re: Help with credit card ?irresponsible limit increases?

MBNA definately get the CCA letter off (its in the link I posted and you need to send a £1 post order with it). Keep making TOKEN (like £1 or £5 whatever you can manage) payments so it shows later you are trying to deal with things. Tools has a MBNA debt of £5k and is paying £15 a month towards it, they not happy but they're not taking any further action, and have frozen interest and charges - they arent EASY to deal with and they phone daily, but just stick to guns and make token payments, and when the CCA comes back (IF it does) we can sort things further and look at your options.

Deal with the Council Tax as a priority. Are you on an arrangement with the council for that?Do you receive any Council Tax benefit?


Re the Overdraft - which bank are you with? Also do you have any charges on the account you could reclaim ?

I am paying £3.05 a week for the backdated council tax.

my account with the overdraft is abbey and probably have charges as it seemed to grow daily my limit was 600 i think the other £100 was charges!!!!! kick a girl when shes down! i will send postal order in the morning to Mbna and Monument
Thanks for your time again
xx
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Abbey have sent the debt to a recovery service so should i send them something too?
and do i send the cca to everyone?
xx

[Amethyst]

Re: Help with credit card ?irresponsible limit increases?

ABBEY

Okay send this letter to the DCA dealing with your Abbey account

Dear Sir or Madam,

Your Reference:

xxxxxxxxxxx

I am writing with regards to my debt which you are dealing with on behalf of Abbey Plc.

I consider the debt to be in dispute as the majority of the outstanding debt is made up of unlawful charges. These charges are disproportionately high and therefore they are contrary to the Unfair Terms in Consumer Regulations 1999.

For your information, I shall not be making any payments to yourself until this matter is resolved.

Currently the amount outstanding on the account is £xxxx.xx . The dispute raised with Abbey Plc is for more than this amount.

I would like to make you aware of The Office of Fair Trading Code of Guidance in which it states: putting pressure on debtors or third parties is considered to be oppressive This includes: Ignoring disputes about whether money is owed and refusing to freeze action if the debt is in dispute.

I therefore hope to receive your full co-operation in this matter and would like to request a written response to that effect.

Yours Sincerely



Your Name

and this letter to Abbey with your Income/Expenditure Sheet (if you want me to check it over first then you can email it to me Amethyst@legalbeagles.info)

Dear Sir/Madam

Refund of Insufficient Funds Charges Request - FINANCIAL DIFFICULTY

ACCOUNT NUMBER (S): xxxxxxxx


I request a refund of the various unauthorised overdraft charges which you have taken from my account over the last 6 years.

Further to recent publicity covering the High Court Test Case between the Office of Fair Trading and the Banks, I am now aware that these charges may be considered unlawful.
I am aware of the waiver conditions set down by the FSA, and understand that as I consider myself in severe financial difficulty you must continue to process my complaint.

The High Court has decided that charges applied to my account can be assessed for fairness under the Unfair Terms in Consumer Contracts Regulations 1999.

I am currently suffering from financial difficulty and the overdraft on this account, which you have passed to XXXXXX DCA XXXXXXXX, is made up of these unlawful charges. I consider the account to be in dispute and will inform XXXXXXX DCA XXXXXXXXXXXX of this.

I have enclosed a copy of my current income and expenditure sheet. My only income is XXXXXXXXXXXXX OUTLINE YOUR CIRCUMSTANCES and I have Council Tax arrears of £700..

I am unable to afford the fee of £10 which i understand you charge in order to supply me with the transaction lists and information required under the Data Protection Act to fully calculate my charges, and I would ask under the circumstances if you could calculate these for me. I shall submit a full Subject Access Request in due course when my finances make this possible.

I would appreciate a response within 5 days confirming you are dealing with my complaint.


Yours faithfully,

Just trying it on really with the DPA bit, worth a shot and rubs in the financial difficulty bit more

[indebt2009]

Re: Help with credit card ?irresponsible limit increases?

Thanks do I send it to my local branch of Abbey?
or the address linked to the SAR letter? do I send them a token payment? what about the debt recovery people?

do I want to send the....I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY....letter? or SAR to my credit cards with a token payment or both as I have charges? I have most of my statements and paperwork that I have been sent over the years have found out last night that my account number has changed over the years on the mbna but with monument the name has changed but not the account number!!!!!!
sorry for being slow to understand
Going to blame it on my 4 month old still waking often during the night!!!!!
xx

[Amethyst]

Re: Help with credit card ?irresponsible limit increases?

Hi honey

Thank you for the PM, you know there is really no need to explain, we've all been there at some point, and still are and we won't judge.

Now, from the figures you gave me I have put them on the IE sheet and attached it below...you need to amend the monument and mbna figures to the true balances. Don't worry about it showing a minus figure. Abbey might come back to you and ask you to complete their own form, which is fine, just try return it as quick as poss.



Okay this is what ur doing


ABBEY
send DISPUTE letter to the DCA (debt recovery people)
send REQUEST FOR REPAYMENT LETTER with the IE sheet to ABBEY - send it to the head office - TriTon house, London address I believe.



MBNA
send the CCA request letter
send the SAR when you can afford to (£10)

MONUMENT
send the CCA request letter



Don't worry about anything else with those two as yet.


Is that ALL your debt ?

Will ask Tools to come post about MBNA if you like, as hes in middle of dealing with them. they seem to be the ones causing you the most stress ? The CCA request should help with a lot of it.

[indebt2009]

Re: Help with credit card ?irresponsible limit increases?

Who exactly told you this?

Key changes to the Consumer Credit Act 1974 means that some credit cards and unsecured loans issued before 6th April 2007 could be totally written off through a legal process that has no impact on your credit score or rating or your ability to obtain credit in future.The ability to challenge a regulated agreement on the basis of its non compliance within the strict requirements of the Act has proven to be a winning argument and has confirmed that such agreements are indeed unenforceable.

an email from one of the people i talked too

??

[Amethyst]

Re: Help with credit card ?irresponsible limit increases?

Key changes to the Consumer Credit Act 1974 means that some credit cards and unsecured loans issued before 6th April 2007 could be totally written off through a legal process that has no impact on your credit score or rating or your ability to obtain credit in future.The ability to challenge a regulated agreement on the basis of its non compliance within the strict requirements of the Act has proven to be a winning argument and has confirmed that such agreements are indeed unenforceable.

an email from one of the people i talked too

??

Yep its right MBNA agreements are known to be a bit dodgy, hence the CCA request....once we have that we'll know if its enforceable or not and can decide on your next step. but still - don't pay ambulance chasers.

not important - was the company Credit Issues part of guardian financial group?