credit card at parents address

magikmarky

hi there, ths is my first post so here goes....

i am currently going through big debt problems and have spoken to cccs who have recommended paying each lender a pound for now. i have many credit cards at my current address (about 9 years) but i have one credit card at my parents address which i used mainly for buying extra tickets for gigs. however 6 months ago they extended my credit to 11000 and being depserate for money i spent the credit card cheques to pay my other creditors and have cash to live off.
but now im negotiating with my creditors and the cccs told me to include my barclaycard which is at my parents address. i told them about the change of address when i first moved but nothing changed- so i left it there and have always paid the bills on time until recently. now im wondering if there will be any ramifications by now telling them my change of address when im about to offer them only a £1 a month. im terrified in case they view this as some kind of fraud and ill be in serious trouble.

please could someone advise me if it should be straightforward switching addresses or will there be problems when they see my list of creditors when i send them the cccs letter and budget regarding my problems paying debt.

thx in advance for anyone who can help me clear this up.

cheers, mark

Tixy

Hi Mark and welcome

I'm not totally sure on this but I think that you need to move the address to your house whatever. I would imagine that you won't get in to trouble - if you did you would have to say it was an oversight on your behalf.

This would appear to be an accident rather than intentional fraud on your behalf (although obviously it would have been better not to run up additional debt on that card).
To put a bit more context on the situation what was the debt before the limit was raised to £11k?

bargainbetty

Just send them a letter informing them of the change now, and then send the letter regarding the other matter later. It is not fraud (it's not ideal, but you have been paying the debt in your own name) so just take one thing at a time.

Good luck x

magikmarky

hi there, in answer to tixy, the limit was raised by about 7000 and this was roughly the amount that i cashed in credit card cheques. incidentally ive usually paid with a direct debit from my bank which IS registered to my current address, if that makes any difference. the barclaycard i have had since 1992 from when i was a student and is my longest held credit card.

how long should i leave it, after informing them of my change of address ,before i send the cccs letter?? would it be ok to send the other letters as ive been trawling the internet for answers re my predicament and thought id wait until i knew where i stood.

again thx for yr swift replies and thx in advance for any further assistance.

cheers,mark

p.s. this could be a different question maybe for another post but is there any benefit by challenging these credit cards re enforceability as iv heard it takes 9 months to get a court date and a colleague who works in this field says it is more difficult for the solicitors to gain a successful judgement. also it means ill have to spend money which i cant afford to waste if theres going to be no benefit in the end. sorry if this requires another post- im a newbie!!- i will do a new post if necessary but it seemed relevant to the thread

Tixy

Hi

With regards to challenging the enforcability it is usually advised to only do this after you have received defaults on the accounts - (or I suppose if you are certain you are going to get a default), so you may want to wait until the letters have gone out and you start token payments before you start looking into this.

(not sure what you mean about the 9months court date bit?)

You might be well off asking niddy (never-in-doubt) on his thread about unenforceability - http://forums.moneysavingexpert.com/showthread.html?t=2305463

With regards to how long you leave it before sending the token payment letter - I don't think you need to wait ages really - just long enough for them to update their systems, so maybe a week or so.

magikmarky

hi tixy, thx for that. so does that mean i can send out the letters to my other creditors while i wait for b/card to update my change of address, as im getting harrassed by them constantly at the moment. ill have an perusal for niddys posts later re enforcability.

in regards to the 9 months, i am informed by at least three different companies who deal with this, that even if they can prove breach of contract re the credit card, that it will take around 9 months before it is possible to get it in front of a judge who can officially write it off. otherwise its a case of trying to get the lenders to agree to write it off direct which im assured is no easy feat!!

feel free to correct any misinformation i have been passed!!

many thx again,

mark

Tixy

I think (mostly) people don't take the company to court - they simply refuse to pay the creditor on the grounds on there not being a proper contract and stop paying. They get a default but the creditor cannot take you to court for the 'outstanding' balance.

But to be honest its not something I've looked at loads - Niddys the man for this.

magikmarky

hi tixy, well it defo seems i need to speak to niddy or at least look at his posts regarding enforceability. so just to ask again , can i send out the other cccs letters to my creditors with the correct current address while i wait for b/card to update their system??

cheers,mark

magikmarky

hi there, just found the form for barclaycard change of address and it asks when i moved in ?!! will this be a problem telling them i moved out 9 years ago or should i just put last weeks date? Or should i just write my own letter informing them only of my new address not mentioning when i moved??

again , im very worried re any repurcussions.

sorry if it seems im asking everything but i just want to make sure i do this right.

thx again,

mark