My Position

[bickster73]

OK, this is my position with regards to my debt.

I presently have a number of credit cards and a loan which amount in total to £45k. The rough breakdown is as follows:-

Loan (Northern Rock) £19000

Credit Cards - Barclays Card - £14000
MBNA - £5400
Egg - £1600
Marbles - £4200

Now, I don't have any debt collection agencies chasing me for money as I have been fortunate enough to keep up my payments. HOWEVER, I am now working on a Commission basis and if I don't sell I don't earn, thus my debts will suffer.

My question really is whether I can take advantage of the Pre April 2007 unenforceable issue that has been making headlines recently as three of my debts qualify.

Secondly, if I do have a case, how do I go about it? Are their certain letters I can use that are on this forum to begin my quest?

Finally, is my case different to those who have DCA's chasing them, whereas I do not?

I look forward to your response guys & might I say this is the most helpful forum I have come across in a long time.

[Curlyben]

Re: My Position

Now there is a very clear Moral Vs Legal argument here.
Before even attempting the unenforceability route it is advised to come to some sort of arrangement with your creditors.

If your creditors are willing to be reasonable and come to an arrangement then it would be advisable to stick to it.
Of course, that being said, if they are unwilling to be of assistance and simply "set the dogs" on you then the gloves are off.

Now I'll address some of your points.

Now, I don't have any debt collection agencies chasing me for money as I have been fortunate enough to keep up my payments. HOWEVER, I am now working on a Commission basis and if I don't sell I don't earn, thus my debts will suffer. Hence the need to approach the OC's with repayment proposals.

My question really is whether I can take advantage of the Pre April 2007 unenforceable issue that has been making headlines recently as three of my debts qualify. CCA isn't a case of being used to avoid paying legitimate debts, but clear consumer protection from inscrutable lenders. Some people have attempted to do just this and come seriously unstuck. There has been alot of incorrect press recently concerning "loopholes" in pre April 2007 agreements. Well I can tell you that there is NO such thing..
Also how do you know that 3 of your debts qualify ? Just because they are pre April 2007 doesn't mean they are automatically flawed !!

Secondly, if I do have a case, how do I go about it? Are their certain letters I can use that are on this forum to begin my quest? Yes and we can assist, but ONLY after you have made attempts to negotiate with your lenders

Finally, is my case different to those who have DCA's chasing them, whereas I do not? Not at all, see above comment on CCA.

I look forward to your response guys & might I say this is the most helpful forum I have come across in a long time.

Just to clarify.

The consumer Credit Act 1974 and subsequent Statutory Instruments are NOT about legitimate debt avoidance, but Consumer protection..

Yes, I sound like I'm preaching here, but you honestly need to get things very clear before even thinking about embarking on this route.
The OC's will happily default you and attempt court action if they detect even the slightest hint of confusion of indecision.
You need to be perfectly aware of the potential down sides as well as the short term apparent gains.