aqua card - help needed please...

magoogy

i posted on the credit card forum and got no reply so am wondering if anyone on this one can help please?

my question was;

ive been trying to sort my debts out and have managed with the catalogues but i have two cards left to sort - one is ok as they have agreed reduced payments and no interest but aqua just wont budge...they keep ignoring my letters and wont accept reduced payments and wont stop adding interest so im getting out of my depth....i owe £600 with this months minimum payment £48....

i did cca them and they sent me a copy but it is only signed by me and not them - is this important? it was taken out in april 07 if that is significant....

would the cca be unenforcable or is that not right after anything after 06?

help please?

thanks

GeorgeUK

When in April?

The CCA2006 amendments for prescribed terms was in that month. All CCA's signed before 6th April 2007 needs to have certain prescribed terms for it to be legally enforcable

magoogy

just looked - its stamp dated 24th april 07.....does this mean it doesnt matter that there isnt their signature then?

thanks georgeuk

GeorgeUK

Did you not put the date on the CCA beside your signature?

If it was not before the 6th then i'm pretty sure it will be enforcable.
Anyone else have any thoughts?

magoogy

thanks george uk....yes - the date i signed is with my signature - 12th april.....07,,,,,

so - saying it is enforcable....i asked them in an earlier communication if they would take reduced payments and they declined but, this morning i have had a letter off them asking for proof of income and they will then look again at my offer....

so - im just wondering - as i get benefits and they are in my partners name - how do i send them proof of income - do i send a copy of the benefit award or a bank statement showing weekly income? the only income i get is carers allowance a week so do i only show them that or the income support too that my partner gets for us?

thanks...

RAS

If the card is in your partner's name, your partner is legally responsible for the debt, so it is their income. You need to tell them not to send pay slips.

magoogy

no the card is in my name but the income support is in my partners name and he claims for us - the only income i have in my name is carers allowance.....x

RAS

Hi

I think you need to double check the CCA.

But if you are on benefits, then the only money you should pay is £1 per month token payment. Just list your income as carer's allowance - x amount, then add half the household expenses as expenditure.

magoogy

i posted above about the cca - its signed but not by them...and was after the april 07 date so it seems enforceable????

i dont understand the bit you say about £1 token payment per month? is this the law or something or a new thing? thanks.....

i really appreciate your help...

RAS

You can only be asked to make payments you can afford

OFT Guidelines - Examples of unfair practice ...

2.6.f pressuring debtors to pay in full, in unreasonably large installments or to increase payments when they cannot afford to do so.

Since you are on benefits, by defination you have no spare income to pay creditors and it would be unfair to presure you to increase payments when you cannot afford to do so.

This is why CCCS and people cannot provide DMPs to people on benfits and advise them to pay the token £1 per month.

If you were taken to court, this is what you would be expected to pay, as long as you made your case.

magoogy

thanks again for the reply hun...xx

so - you recommend i show them the proof of income but just my carers allowance as that is the only income i have? or do i also send partners income support too? and offer them £1 a month even though i have already said £5 before????

if they refuse this how do i proceed??

its a bit more scarier with credit cards or in this case store card than with catalogues....so i welcome all your help....thanks...