is this right

moneybuster

If i can not keep up the payments on my (one of them capital one i have had to stop as the payment was crippling me no pun intended) 4 credit cards then it eventually goes to a ccj where the judge says how much we have to pay each month, i am disabled through a accident at work and can not return to a working life,and for as long as i can see we will be living off benifits for me and my family, or can the credit card companies go after my house i own (mortgage) and it is in equity say around 40 thousand my CC bills are for £22.000 what would be the situation there would the judge make me sell my house to pay off the loans, and if i get any compensation for my pain and suffering will that be taken away as well


Regards Moneybuster

tasha-debt

Hi Money Buster,

I think you need to speak to one of the free debt charitys listed at the top of this board for advice.

Hope you manage to sort it all out soon

moneybuster

Thanks for that i thought some one on here may have an idea.


regards Moneybuster

RAS

Hi

When did you take out these cards?

10past6

You cannot lose your home unless you have secured loans against it.

If you fall into arrears with any unsecured debts, then it's down to the creditor / DCA what action they take.

If you're worried about court action on any unsecured debts, basically the process will be, issuing you with a default notice, termination of your account then legal action.

You're a long way from losing your home, I tend to think only worry about situations as and when the develop and not before, no good burning energy when you don't know what the situation is.

beanielou

But do not change your unsecured debt into secured as I hear Capital 1 are 'encouraging' peeps to do this.

GeorgeUK

Also, are ther any charges that you've had on the cards in the last 6 years that you may be able to claim back?

Was there payment protection insurance on the cards?

moneybuster

RAS wrote: »

Hi

When did you take out these cards?

i have been with capital one since 2005,
and natwest since 2006
intelligent finance since 2007 mid june for both of them,
rbs we only owe 200 pounds 2005

why dose this make a differance

Regards moneybuster

GeorgeUK

why dose this make a differance

The rules changed for enforcing credit agreements taken out from 6th April 2007.

If you were to request a copy of the credit agreements, those before April 2007 must have certain prescribed terms and be signed by both the creditor and debtor to be legally enforcable by a court. If they were unable to provide you with an enforcable copy (without signatures) on request (with £1 fee) then the debt may be unenforcable and payment and interest could be stopped.

moneybuster

GeorgeUK wrote: »

The rules changed for enforcing credit agreements taken out from 6th April 2007.

If you were to request a copy of the credit agreements, those before April 2007 must have certain prescribed terms and be signed by both the creditor and debtor to be legally enforcable by a court. If they were unable to provide you with an enforcable copy (without signatures) on request (with £1 fee) then the debt may be unenforcable and payment and interest could be stopped.

ok checked my records and

intelligent finance card runs from the 03/2007 ........
Capital one account opened 2005
rbs 2006
natwest 2006

so all the cards are before April 2007 and i can not remember signing anything for any of them the where all applied for online we recentley did balance transfer to capital one and intelegent finace as the offered good intrest rates but my illness took a turn for the worse and i cannot get back to work will these cards be enforcable then ???????


Regards Moneybuster

moneybuster

Bump it please