Where do I go from here.please help

[LEONIDAS]

Hi everybody
I have £70,000 of debt spread over 8 credit cards and 1 personal loan.Since 2008 I have had various payment plans with the credit cards and the loan was passed to a DCA who I have also had an arrangement with.
All of these cards were taken prior to 2001 and 2 were taken out in 1994.The loan dates from 2003
My circumstances were such that all I could do was make these arrangements to give me time to get back on my feet.
I now want to take control of these debts and eventually reduce the amount I owe so that a manageble F+F settlement can be offered.
To this end i have been searching through threads to gain as much information as possible.
I have sent CCAs to all my creditors and followed this up with SARs.I have used templates from this and other forums.to do this
Some have replied.These replies include application forms without prescribed terms,reconstructed t+cs and incomplete SARs with no agreements or statements.
I have a general question.
Some of the agreements are definitely uneforceable.What should my stategy be.

Do I submit a claim for refund of late payment fees.
Do I not claim a refund and because the agreements are uneforceable sit back and behind the shelter of a/c in dispute,therefore you cannot have any payment and go through the process(possible court claims etc) until an offer is hopefully accepted by the creditor.
Do I claim a refund and use the uneforceability of the agreement and if a refund of charges occurs then make an offer on the amount outstanding.



I have most of my statements for all of the cards(1 missing here and there).So far the SARs I have received have not included any statements or details of transactions.

If I do go for charges do I use compound or statutory interest.

I am not worried about defaults or credit ratings. I know this is going to be a long battle. My aim is to reduce my debt to an affordable level and pay all my creditors and of course never become enslaved again.

Thanks for any advice you can give.

[WendyB]

Re: Where do I go from here.please help

Hi and welcome to Beagles.

First, I think we need a bit more info.

Are you up to date with any payment plans that are in place?
Are any of the CC companies hassling you? i.e are there any DCAs involved etc?
Are you in a position to service these debts?
Who are the CC companies and how much debt on each one?
Would refund of charges significantly reduce the balances outstanding?

If you could give us a bit more detailed breakdown of your current situation that would be a start, then we can go from there.

[LEONIDAS]

Re: Where do I go from here.please help

GOLDFISH/BCARD £10000.00



Up to date with plan to DCA until august.

• CCA to DCA
• DCA referred CCA to OC , closed file and told me to deal with OC directly.
• CCA not sent by OC and now 28 calendar days since requested.
• SAR sent to OC documents sent back do not include CCA or statements just computer print out.

MBNA £14000.00



Pay plan was up to date until Oct last year whenI received phone call asking for a payment to avoid default, made this payment but they cancelled plan and passed to an unknown DCA..Continued to make payments according to plan to this DCA but then passed to another DCA-LOP1925 claimed.

• CCA request sent mid May.DCA acknowledged receipt claiming no rights or duties Letter reminding them of their rights and duties a/c in dispute
• .CCA not sent by OC or DCA and now 96 calendar days since request.
• SAR sent TO OC end of July nothing yet.

BARCLAYCARD 1 £9000.00
BARCLAYCARD 2 £9000.00
These 2 cards are historically linked.
Payment plan for Barclaycard 1 is up to date. .Agreement on 2 has been cancelled by BCARD. Each time agreement is negotiated it was for both accounts but BCARD admin always managed to "lose" the arrangement for 1 account. Usually after calls this was corrected.. Payments on this Plan have been made up to date but as it is now cancelled dont reach minimum payment.



Barclaycard 2 cancelled because although I paid the agreed amount it was below min payment on statement as no plan was showing on a/c..

• CCA request sent incl £2.00 PO for both a/c only received CCA for BARCLAYCARD 2 reconstituted but just a sheet of T&CS
• A/c in dispute letter sent to both a/c.
• SAR sent end of July for both a/c. Received documentation for BARCLAYCARD 2 only.No statements or agreement just computer printout.
• Letter sent reminding them both of obligations under DPA

CAPITAL 1 £5500.00
Payment plan came up for review June,Cap1 requested income/expenditure.Although I paid according to agreed plan each statement arrived with a default notice which they told me to ignore if I had an agreement.As the current plan drew to an end they demanded min payment of £3000.00.



Continued paying to original plan.Up to date and according to July stmt no interest is being added but expect this to change in August..

• CCA request sent end July.Received copy of the bottom of an application form with signature on and a separate reconstituted copy of terms of my agreement supposedly copied directly from the original.There are glaring discrepancies in these terms and they are obviously not from an original agreement.Anyway why didn't they just photocopy whole of original application.
• SAR sent end of July,further identification required,re submitted mid August.Nothing yet.

M&S £5500.00



Payment plan up to date.

• CCA request sent. Application for storecard sent as agreement.No prescribed terms and does not relate to credit card.
• SAR sent end of July.Further id required, re-submitted mid August

EASYMONEY/ACCUCARD/LLOYDS £3194.00



All payments up to date.

• CCA request sent.No reply 28 calendar days since request.
• SAR sent end of July.Further id required re-submitted mid August.Nothing yet

EGG LOAN £9000.00
Payment to DCA up to date.Originally this loan had no missed payments. When I contacted egg informing them of my hardship in 2008 using CCCS self regulated debt management plan (7 year loan taken out in 2003) they told me that as I had not missed payments they couldn,t help.Advised me to miss payments and before a plan was set up cancelled agreement and sent to DCA.



This loan includes PPI of 2300.00 added as a lump sum. When I applied for this loan on-line ppi box was pre ticked,the total charge for ppi including interest was not explained or detailed on the agreement.No total charge for credit and no total amount payable.

• CCA request sent to DCA end of July.Returned to me(with someone elses £1.00) saying Egg have informed them that all CCA request be sent to Egg and they are just agents Replied reminding them of their duties as agents,included my £1.00 and told them they were in default of my CCA request.28 calendar days since requested.

• Egg have written, said they have my request but not my £1.00 PO.copied them my letter to DCA and told them they are in default of CCA request.No agreement yet
• SAR sent end of July .Nothing yet

Once I have reduced these debts as much as I can I will be able to offer F+F settlements.
I am determined to rid myself of these debts as the administration required to deal with individual plans,calls etc takes up my waking life.
I am fully prepared to do whatever is necessary. I have organized files for each creditor,sorted statements,have a record of each letter and what my next reply should be.I have bought a truecall machine(which incidentally has made the house like a monastery).
I understand that this is a self help forum,I am not afraid of the actions of my creditors,my credit file is trashed and I am determined Iwill never need it again.

[LEONIDAS]

Re: Where do I go from here.please help

Spent the day working out charges
Using the stat interest spreadsheets I have gone through my statements and the following is a breakdown of charges.Not significant in the scheme of things except the ppi on the m&s cc aand the ppi on egg.


CHARGES STAT INT


BCARD 1 296.00 116.25
BCARD 2 639.00 186.69
CAP 1 460.00 156.10
M&S 134.00 35.97
G FISH 201.00 76.81
MBNA 556.00 172.61


M&S ORIGINALLY CHARGECARD IN 2003 BECAME CREDIT CARD NO NEW AGREEMENT SIGNED BUT HAD PPI FROM CHARGECARD.

M&S PPI 1467.92 505.23.


the egg loan also has ppi but the interest is calculated according to the rate of original loan
EGG ppi 2300.00 1289.00

So far all the agreements I have are unenforceable according to the requirements on cb's cca sticky.