advice needed ?

westmids_3 · 3 June 2009 at 11:36AM

hi all..
i am trying to get help with my debts and do not no how to go about getting credit agreements.

i owe :grattan..£1,055.72 now passed on to EOS solutions.
studio ..£401.17 now passed on to debt collection and security.
additions..£234.75

i am now thinking of changing phone number to stop the calls ..also if my son answers the phone they hang up..

what should i do ?

many thanks

immoral_angeluk · 3 June 2009 at 11:49AM

If you are being harassed by creditors send them a letter requesting all further contact be made in writing.
How old are the debts as this has an affect as to whether they need a CCA or not.

westmids_3 · 3 June 2009 at 12:05PM

hi there..
i took out grattan in august 06
studio was taken out in november 07
and additions june 07.

westmids_3 · 3 June 2009 at 12:23PM

any help greatly appreciated

Smashing · 3 June 2009 at 12:28PM

You need to post an SOA - http://forums.moneysavingexpert.com/showthread.html?t=107280 and then people can give advice tailored to your situation and help you to deal with your debts.

westmids_3 · 3 June 2009 at 12:52PM

SOA.. income support and child benefit ..£170.per week

outgoings weekly.

electric ..£25
phone,internet,tv..£15 (contract for 12 months )
sons school bus pass..£5
credit union loan..£7
dance lessons and bus fare..£9
school music lesson..£5
tv licence..£7 with arrears.
food..£40
school snack( senior school )£2.50
school snack( junior school )£2.50
simply b..£3
total.. £121

GeorgeUK · 3 June 2009 at 1:15PM

Here are some telephone template letters to stop the phone calls.

http://forums.moneysavingexpert.com/showpost.html?p=11571485&postcount=5
http://forums.moneysavingexpert.com/showpost.html?p=14588705&postcount=10

If you have charges that you can claim back, it may be better to send a subject access request (SAR - cost £10) to the original creditor. The SAR will allow you to see all your transactions and any documentation they hold on you including the signed credit agreement. A CCA request does not require a signed copy to be produced so they may just provide a reproduction.

If the agreement was made before 6th April 2007, then it must have certain terms on it be be legally enforcable. For agreements after this date, they would need to produce a signed agreement in court, but it would be up to the judge to decide if it was enforcable or not. If they didn't have the agreement then they couldn't enforce it.

Details: http://forums.moneysavingexpert.com/showthread.html?t=578486
Legislation: http://forums.moneysavingexpert.com/showthread.html?t=1496721

The SOA calculator may be helpful in creating your SOA - does all the claculations and has most expenses covered.
http://www.makesenseofcards.com/soacalc.html

westmids_3 · 3 June 2009 at 1:27PM

hi , thanks for the reply.
i will look into the credit agreement request and letters to stop phone calls..
if i request a signed cca do i need to enclose a payment for this and do they have a certain amount of time to respond or do i just sit and wait?
thanks again.

GeorgeUK · 3 June 2009 at 3:12PM

CCA requests are a little complicated. You could do a basic CCA request (cost £1) and enclose the fee with your request, but as mentioned, they are not required to provide a copy of the original document or a copy with a signature.

If you were to make CCA requests, your should send it to the creditor that is pursuing you for payment. If you were to send the SAR, you should send it to the original creditor (with payment).

Bear in mind that you shouldn't sign the letters. Just print your name. If you do sign it, alter your signature so that you know that the signature belongs on the request letter and not on the agreement. It has been known for some companies to copy your signature and put it on an agreement you have never signed.

advice needed ?

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