Husbands Credit Card...........Please can someone help?

tallyhoh

I agree completely with Angels. If you can only afford X amount of pounds then tell them & pay it.
Believe me, they will accept it!! What alternative do they have? If they took you to court they would still only get what you could afford plus it costs them money which they would still have to try & get off you.

I worked in debt recovery, we would tell the client anything to get as much money off them as quickly as possible. We had targets & a bonus scheme, does that make sense. Its a bit like bartering.

Write to them (NO phone calls) with an SOA & tell them firmly you can & will pay X amount per month, enclose the 1st payment. Set up a standing order so you have a record of payments.

Good Luck (cut up his card)

Confused_Newbie

Thank you all so much, I am going to post an SOA so hopefully someone else may be able to see where we could possibly cut costs.

Are there any templates or sample letters around that I could look at?

RAS - Hubby took out credit card approx 8 years ago and we have been married 8 months tomorrow!

RAS

OK

Please do NOT pay a brass farthing to APEX until we have this sorted.

This debt may be statute barred.

roughly translated that would mean that although the debt still exists, OH is not legally obliged to pay it as the DCA could not chase him throuh the courts. If he tells them to get lost, then they have to stop pursuing him for the debt.


We get a lot of GFs and spouses panicking when these re-appear and paying un-necessarily.

What we need to know is exactly when he last made a payment.

The relevant date is 6 years in England and Wales and 5 years in Scotland.

Confused_Newbie

Hi RAS

The last payment he made on it was within the past 6 years. Not too sure how it works as we are in Northern Ireland. Thank you for all your help on this.

How does this sound for a plan...........I am going to draw up a SOA and post it on here. Get some advice on it and then send it with an accompanying letter and cheque for a payment to APEX. Should I wait on a response from them before I set up the standing order or just go ahead with an amount we can afford?

RAS

Thanks

In that case your starting point should be a request for the Consumer Credit Agreement, which will show whether APEX have the legal right to collect this debt.

Will come back with the letter.

In the mean-time the rest of your plan is sound.

Confused_Newbie

Sorry RAS you must think I am really thick, never had to deal with anything like this before! Who to I request this from? Do I just basically send them a letter saying I want a copy of the Consumer Credit Agreement and then wait until I get this before I send the SOA?

Apologies again for all the questions!

RAS

Not at all, very few folk who come here for the first time know their way round things like this.

Here is the letter. Send it registered post, so you can track it. Since this is OH debt, you can write his name or you could sign it in his behalf. That prevents the DCA copying his sig onto a blank CCA.

The DCA have 12 working days plus two days in which comply with your request. If they do not produce the paperwork, they are in default. After another 30 calendar days, if they do not produce the documents, they are committig an offence if they pursue the debt. At this point it is important to report them as this disencourages them from transferring the debt or trying again later.

Expect them to up the ante as they will try to get him to cough up before 12 days is up.

here is the letter.

The Loan Company
Company House,
Church Street,
Newtown,
Kent,
R1 7HG

Dear Sir/Madam

Re:− Account/Reference Number 4563210025897412

I do not acknowledge any debt to your company.

With reference to the above agreement, we would be grateful if you would send us a copy of this credit agreement.

1. We understand that under the Consumer Credit Act 1974 (Sections 77−79), we are entitled to receive a copy of our credit agreement on request; your obligation also extends to providing a statement of account. . We enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

We understand a copy of our credit agreement should be supplied within 12 working days.

3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

We understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

We look forward to hearing from you.

Yours faithfully
Mr A N Other

Remember not to sign it, just print your name!

GeorgeUK

Apex are the ones chasing you for the debt, so you need to request the CCA from them. There are some templates in this thread which may help.
http://forums.moneysavingexpert.com/showthread.html?t=578486

Don't worry about sending in the SOA - that's quite a ways off yet (if it'll even be required at all)

Confused_Newbie

RAS can I just check something. On that letter is says I do not acknowledge any debt with your company. Does that mean we are saying we didnt know the debt existed (cause we did) or that we were not aware that we owed anything to APEX?!

Also should we refrain from making any payments until we get this back? The man on the phone really scared me cause he was horrible and demanding I gave him a cheque number, which I didnt cause I couldnt find the cheque book and was worried they would try to cash a cheque for the full amount or something crazy like that

RAS

Confused_Newbie wrote: »

RAS can I just check something. On that letter is says I do not acknowledge any debt with your company. Does that mean we are saying we didnt know the debt existed (cause we did) or that we were not aware that we owed anything to APEX?!

This is a legal requirement that basically prevents the DCA claiming that you have acknowledged the debt. People used to use Without predujice but this was not upheld in a court case, so it is a form of words that people use all the time, even when they are actually paying a SO or DD every month.

Confused_Newbie wrote: »

Also should we refrain from making any payments until we get this back? The man on the phone really scared me cause he was horrible and demanding I gave him a cheque number, which I didnt cause I couldnt find the cheque book and was worried they would try to cash a cheque for the full amount or something crazy like that

Do not pay anything until you get the CCA. And do not talk to them on the phone. Really scaring you is against the OFT Guidelines but this bloke id probably paid commision. The OFT have recently warned one quarter of DCas about their behaviour towards clients, so it is not unusual just they have been gettig away with it for years. The OFT recently got some teeth but it will take time to sort them out.