"Write Off" your debt companies

FightingBack_2 · 8 August 2008 at 10:28AM

Hi,

This is my first post here and I was encouraged to do it after reading an amazing thread from Weller. I'm sorry to hear about her husband - not much more I can say other than giving her and her family a HUGE hug. Thank you Weller.

A couple of things that I hope someone can help me with.

I'm getting conflicting information on these companies that say they can get your debt cancelled and your interest/charges too. On the one hand, I have been told you can either get the debt cancelled in full if it is uneforceable and on the other, these companies say you can get the debt cancelled and your money back. Which is right - can you have debt cancelled and a refund of interest/charges made? I attach an email that I received after challenging one of these companies

Having spoken one of the legal experts at XXXXX earlier, he confirmed that people are having both their debt cancelled and the interest/charges reimbursed. However, since there are still no legal benchmarks, the actual amount of interest/charges reimbursed does vary from one judge to the next.
You are right that if the lender fails to provide the original agreement signed by you or a certified copy, then they are in breach. Although the Consumer Credit Act states that 12+2 calendar days is the permitted time to supply the agreement, the courts would generally expect lenders to be granted a further grace period of some 40 days to supply it. For example, I mentioned that I am currently having my agreements challenged. Following 3 attempts by XXXXX to obtain the agreements from XXXX and XXX card, these have not been forthcoming. Only now after a period of about 2 months are the litigators now threatening to take the lenders to court.
The difference between the Forum participants and XXXX is that RM are legal experts in all areas of financial claims e.g. PPI, bank charges etc. Having first provided the commercial service to challenge unfair credit agreements in April, they have been perfecting the process for getting the lenders to jump thru legal hoops to prove that the credit agreement is not unenforceable.
Although you have already obtained your agreements, XXXXXX would need to start the process again - which would have no adverse impact on you. In accepting the Terms and Conditions, you would need to allow XXXXX to carry out the whole process from start to finish. This would involve getting as much of your debt written off as possible and clawing back as much of the interest/charges. Where a credit agreement was found to be unenforceable, the associated court order would allow you to apply to the credit agencies eg. Experian, Equifax to have associated negative entries removed from your credit file.

Having applied for a number of CCA, I have received 3 back within the 12+2 time limit. One has admitted that they don't have the CCA but feel that in sending the T&C's from when the card was taken out that's ok (yeh right), one has sent back a form that says application form but has the prescribed elements on a separate peice of paper AFTER my signature and the final one has just sent my application form that doesn't even have my signature on it again saying that as theyhave sent it with the T&C's that's ok.

What I would like to know, is it best to wait until the 12+2+30 is up before telling the 3 that have responded so far where to go and should I write now? Whenever I do write, what is the best thing to write - are there any links, copy that I could use?

Many thanks,

Fighting Back

PS. I've highlighted my questions to make it easier for you!:D

dmd12577 · 8 August 2008 at 2:37PM

you may find this helpful, i got it off one of these threads, good luck

Ref:

Dear Sir/Madam

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.
You have failed to comply with my request, and as such the account entered default on **DATE**.

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

Furthermore

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation.

If that request is not satisfied after a further 30 calendar days your client commits a summary criminal offence.

These limits have expired.

As you are no doubt aware section 77(6) states:

If the creditor fails to comply with Subsection (1)

(a) He is not entitled , while the default continues, to enforce the agreement.

And

(b) If the default continues for one month he commits an offence.

Therefore this account has become unenforceable at law.

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested.

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

Should you not respond within 14 days I expect that this means you agree to remove all such data.

Furthermore you should be aware that a creditor is not permitted to take ANY
Action against an account whilst it remains in dispute.

The lack of a credit agreement is a very clear dispute and as such the following applies.

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.
* You may not add further interest or any charges to the account.
* You may not pass the account to a third party.
* You may not register any information in respect of the account with any credit reference agency.
* You may not issue a default notice related to the account.

I reserve the right to report your actions to any such regulatory authorities as I see fit.
You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

Yours faithfully

sebpetch · 12 August 2008 at 5:23PM

has anyone ever got anywhere with this? when i ask this question its ignored! I've searched through loads of threads

Any feedback much appreciated! :-)

sam.katelin · 21 August 2008 at 2:41PM

I have just been looking into a few sites that claim to 'clear your credit card debts legally' after hearing an advert on the local radio. For a fee of approx £500 and on a no-win-no-fee basis, these companies say that, with the help of solicitors, they can garuentee to clear you credit card debts if they were taken out before April 2007. They may also be able to get you back any interest, late fees, charges etc. This is done by solicitors challenging the creditors over the agreements taken as they might be invalid.

This all sounds too good to be true but, as I have three cards that I am struggling with, I am tempted to give them a try. Has anyone had a good/bad experience with these companies - any advice would be great!

Thanks
Samkatelin

sam.katelin · 21 August 2008 at 2:44PM

I have just been looking into a few sites that claim to 'clear your credit card debts legally' after hearing an advert on the local radio. For a fee of approx £500 and on a no-win-no-fee basis, these companies say that, with the help of solicitors, they can garuentee to clear you credit card debts if they were taken out before April 2007. They may also be able to get you back any interest, late fees, charges etc. This is done by solicitors challenging the creditors over the agreements taken as they might be invalid.

This all sounds too good to be true but, as I have three cards that I am struggling with, I am tempted to give them a try. Has anyone had a good/bad experience with these companies - any advice would be great!

Thanks
Samkatelin

Deep_In_Debt · 21 August 2008 at 3:04PM

I personally wouldn't touch them with a barge pole. Why pay someone to do it when you can do it for nothing on here?

Debts are not written off - they just become uneforceable but they are still there.

There are sections on here that explain how to reclaim your bank charges and template letters - again - why pay for someone to do it?

sam.katelin · 22 August 2008 at 11:50AM

Thanks for your reply. I've already done the bank charges thing and got a refund. However, this is a slightly different matter and, as far as I can gather, would benefit for someone with proper legal knowledge. I presume that's why the companies charge for the service.

Hopefully someone might get in touch who's had experience of doing it. But I appreciate your reply all the same!

Samkatelin

immoral_angeluk · 22 August 2008 at 11:54AM

You can not have a debt 'cancelled' as such. If you are struggling financially, unable to pay and for example on means tested benefits then you can ask for a debt to be written off due to your circumstances but this is very unlikely to happen. Don't believe any company trying to peddle 'we will clear all your debt' schemes regardless of how good it looks. Remember if it looks too good to be true it usually is, and usually with a ridiculously large fee involved.

You are much better getting professional advice from someone like the CAB or the CCCS on dealing with your debts properly rather than relying on potential loopholes etc.

Browntoa · 22 August 2008 at 11:55AM

theres no "specialist legal knowledge" involved , just the free forms kindly posted above and a bit of time

these companies are just jumping on the same bandwagon as the chancers who charged a fee for the bank charges reclaim

avoid like the plague and do the legwork yourself

RAS · 22 August 2008 at 11:57AM

Hi

This does not require legal knowledge at all. There are whole threads about CCAs and Statute barred debts on here and the NAtional Debt Line web-site. It costs £1 for the postal order and the cost of the registered letter.

We have people who have stopped paying debts after 17 years, others have rendered over £30K debt unenforceable and still others are paying what they want per month rather then what the DCA want because they have proved that the DCA cannot enforce the debt.

sam.katelin · 22 August 2008 at 12:36PM

Many thanks for your reply. I have gone to the National Debt Line Website and have downloaded the letters. I am going to send them today and see what happens.

I guess I am just worried about the next step - if the credit card companies send me something, how will I know if it's a legal document and what to do next?

Hopefully it is on the webiste, so I will go and have a look.

thanks again - I'm new to all this so the help is appreciated!

"Write Off" your debt companies

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