£50k CC/loan debt and job loss

[Sapphire]

Re: £50k CC/loan debt and job loss

Hiya Consumerchicken,

I've taken a quick look at the CCA's and to be honest I don't think they comply, I suggest that you hold fire till our old friend CB pops his head in and give it the once over. He's better at them than I am to be honest, and he'll be able to advise you further.

[Curlyben]

Re: £50k CC/loan debt and job loss

Just posting for now to bookmark and I'll respond shortly.
Just gotta get the kids to bed..

[Curlyben]

Re: £50k CC/loan debt and job loss

ROFLMAO
Well that's a full house then
Everything total Bovine Excrement !!!!!

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! Where's the agreement ???

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 So blank agreement and current T&C's yeah ok..

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
Yep the old approved limit yet again, none compliant with SI1983/1553 sched 6

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 Oooops they have missed off the Total charge for credit as well as other required terms. While not a clear s127(3) bad news for Egg all round..

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 *Cough* yeah right..

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

Natwest Loan
No CCA Shame

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 Freely admitting to reconstituting an agreement, oh dear shame that isn't enforceable. A true copy of nowt I'm afraid guys..
Can you scan what they did send..

Well that was "interesting".
Comments in red

[consumerchicken]

Re: £50k CC/loan debt and job loss

Wow! Thankyou very much CurlyBen!

You've put a smile on my face - sounds like you enjoyed it as well?!

I will post up the Sainsburys CCAs if you want but they're not signed by me or the bank, one is eight sides and one is 6 sides. I didn't think it worth scanning/posting?

Moving forward if I use your letter templates - http://www.legalbeagles.info/forums/...ad.php?t=13980

'non-compliant CCA' to Barclaycard, Egg (Loan and CC) Goldfish and Sainsburys

'DCA ignores CCA Request' to Abbey, Natwest (Card and Loan)

I can ammend them so they are for OC as non are with DCAs (yet!). I think that's the best way forward?

I have, up until now, had a good credit history file - I guess I'm going to get hit with defaults etc.

I'll get the letters in the post tomorrow afternoon!

Thanks again.
CC.

[Curlyben]

Re: £50k CC/loan debt and job loss

For now leave them to stew and respond as and when they demand payment..

yes you will be defaulted to hell and back, but no matter, they can be dealt with.
there isn't really much you can do to stop that happening anyway.

[consumerchicken]

Re: £50k CC/loan debt and job loss

I've just logged into my Natwest internet banking and although I cancelled all my direct debits Natwest have made a 'transfer' of the ammount I normally paid my loan £300?

I'd heard banks could do this but would have thought they'd contact me first? - Thing is, it has taken me into overdraft - it's not from a cash balance???? so now I have to pay interest on my o/d as well!!!

I guess I'll have to move all my direct debits to wifes account?? as I mentioned in the begining of my thread!!

I have received a letter from egg today, asking for payment, they ring my mobile about 2/3 times a day as well - I just ignore it.

How can defaults be dealt with?

[Curlyben]

Re: £50k CC/loan debt and job loss

Get another account with another bank NOW !!!

They will continue to use "off set" to satisfy this debt.

Defaults must be correct and if not can be challenged on that fact alone.
There is some further legal work being done of "back door" enforcement.
Basically defaulting a non-compliant agreement. After all if it doesn't comply with CCA then they cannot enforce it at all. This includes reporting to the CRA's/

[Mochamoo]

Re: £50k CC/loan debt and job loss

I have received a letter from egg today, asking for payment, they ring my mobile about 2/3 times a day as well - I just ignore it.

How can defaults be dealt with?

Have you sent them the harassment letter? They called me 17 (yes SEVENTEEN!) times yesterday so I finally got round to actually posting the letter. I adapted DMD's letters How to stop Debt Collection Phone Calls - Legal Beagles

[consumerchicken]

Re: £50k CC/loan debt and job loss

17 times - ridiculous - it's just my mobile so I can turn it on silent - doesn't bother me at the minute.

I guess as egg are the only ones chasing payment, I'm going to send them a non compliant letter.

I am gutted about nat west - I have a big o/d facility with them which I probably would have needed over the next few weeks/months - but I'm going to have to change - just looking into Halifax Reward current a/c

I don't know what affect talking to natwest in branch will have either???? ask them to stop transferring money themselves? especially when I've not got credit in the a/c? that must be illeagle?

[Mochamoo]

Re: £50k CC/loan debt and job loss

17 times - ridiculous - it's just my mobile so I can turn it on silent - doesn't bother me at the minute.

I guess as egg are the only ones chasing payment, I'm going to send them a non compliant letter.

I am gutted about nat west - I have a big o/d facility with them which I probably would have needed over the next few weeks/months - but I'm going to have to change - just looking into Halifax Reward current a/c

I don't know what affect talking to natwest in branch will have either???? ask them to stop transferring money themselves? especially when I've not got credit in the a/c? that must be illeagle?

Its called the Right to Offset, they can legally take money form an account you have with them to pay a debt with them.




Don't bother talking to them keep everything in writing so you have a paper trail to refer back to.

Have you applied for all your benefits yet? (nag nag nag!)

[consumerchicken]

Re: £50k CC/loan debt and job loss

well just applied for a halifax reward account and...
Unfortunately we're unable to offer you a Reward Current Account at this time, however you can apply for our Easycash account which offers the following services

unbelievable - can't even get a current account!!!
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won't be able to get benefits as I have some land that I own outright - thing is nobody'd want to buy it in this market!!!

I should be able to get JSA though


Offsetting into overdraft doesn't sound right!

[scotsgirl]

Re: £50k CC/loan debt and job loss

Hi Consumer chicken

On the overdraft, I had the same issues cos I had a cc with the RBS, so what I did was I pursued cca on everyone except for them. That way I could tackle their debt and not lose my overdraft in the meantime.

Of course though my payment to RBS was only 65 per month, and it wasnt a loan like you have got. I think someone else is in a better position to advise but to give me some breathing space I kept paying RBS and luckily enough this is the one the ppi paid out on.

But, its your call of course, I just didnt want to bite the hand that fed for the time being.

Scotsgirl
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try lloyds tsb platinum account online. shockingly they seemed to provisionally approve mine, I didnt follow up on it cos I had to go into the bank etc with documents and i was still ok with the RBS but I was shocked that they provisionally approved it. give them a go.

[Sapphire]

Re: £50k CC/loan debt and job loss

Alternatively go for the Nationwide Flex Account, loads of us on here have one and personally I think its excellent.
We use ours for all our household bills and payments and have very few direct debits now, I tell people that I like to be in control and pay everything by BACS, that way I pay only when the money is in the account.

[consumerchicken]

Re: £50k CC/loan debt and job loss

Can anybody take a look at my natwest CCA and let me know where I stand?

I think there may be a problem with the split loan? and also it's non cancellable (I think that's a problem as well?) But is it unenforceable?

They sent me some standard terms and a card carrier for my credit card hopefully they have'nt got the original!!

Thanks
http://i938.photobucket.com/albums/a...oan-cca-p1.jpg

http://i938.photobucket.com/albums/a...oan-cca-p2.jpg

[scotsgirl]

Re: £50k CC/loan debt and job loss

HI CC

Just looking in to see how your getting on.

Scotsgirl