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  • #1

    Where to start

    Hi all !

    I've been keeping an eye on you all since mse as I knew the day would arrive when I would need your help. Other Halfs business and pension have nose-dived over the last three years and trying to stay afloat has caused the debts build up.

    We have decided to sell our home to pay these debts (). It may take a while but in the meantime I want to fend off the attacks from the credit card companies. These are mbna/halifax/capitalone, all pre 2000, all in OH's name, and we now cannot pay the minimum repayments. I thought I would start at the bottom of the letter ladder and offer them £1 per month. Shall I send a crossed postal order, or can I send a cheque signed by myself ?

    I have to cut this first post short - I'll be back in a while.

    Thanks for a great community !!
    Tags: act, action, attacks, australia, card, card companies, cca, companies, consumer, consumer credit, consumer credit act, consumer credit act 1974, court, credit, credit act, credit card, debt, debts, eye, halifax, house, law, letter, lost, mat, mbna, mse, offers, pay, pension, thank you, unenforceability
  • #2
    Re: Where to start

    have you considered unenforceability ?

    Have a read here ....>.....UPDATED - A Full Guide to Unenforceability
    I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

    If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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    • #3
      Re: Where to start

      Thanks, In2deep

      Well I have thought about it, but then the debts are not in my name. OH is old school and will want to pay them. But I will have no qualms in requesting a cca if necessary. However, only this morning I read on mse of someone who lost a court case even without a proper agreement.

      Comment

      • #4
        Re: Where to start

        Originally posted by TroubleandStrife View Post
        Thanks, In2deep

        Well I have thought about it, but then the debts are not in my name. OH is old school and will want to pay them. But I will have no qualms in requesting a cca if necessary. However, only this morning I read on mse of someone who lost a court case even without a proper agreement.
        We don't let it get that far........
        I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

        If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

        Comment

        • #5
          Re: Where to start

          Originally posted by TroubleandStrife View Post
          Thanks, In2deep

          Well I have thought about it, but then the debts are not in my name. OH is old school and will want to pay them. But I will have no qualms in requesting a cca if necessary. However, only this morning I read on mse of someone who lost a court case even without a proper agreement.
          You've nothing to lose by trying UE - and a lot to gain.

          What was the name of the person who lost the court case?
          Let your smile change the world but don't let the world change your smile

          I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

          If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

          Comment

          • #6
            Re: Where to start

            Thanks Pixie,

            It took me hours to find this again

            http://forums.moneysavingexpert.com/...postcount=2079

            Comment

            • #7
              Re: Where to start

              Thank you Flowerpower

              That's something to think about. I was hoping to string the process out until the house sold. I wonder though, if any of these cc's are enforcible they may be less inclined to accept token payments.

              Comment

              • #8
                Re: Where to start

                Originally posted by TroubleandStrife View Post
                Thanks Pixie,

                It took me hours to find this again

                http://forums.moneysavingexpert.com/...postcount=2079
                That seems to refer to a case in the Australian colonies, where the law is somewhat different and where the Consumer Credit Act 1974 has never applied.

                Comment

                • #9
                  Re: Where to start

                  Hello again....

                  Well, I've managed to get the three credit card companies to accept £1 per month for six months....it was easier than I expected. Now just got to find somewhere to live as our house has had three offers within two weeks !

                  Comment

                  • #10
                    Re: Where to start

                    Originally posted by TroubleandStrife View Post
                    Well, I've managed to get the three credit card companies to accept £1 per month for six months....it was easier than I expected. Now just got to find somewhere to live as our house has had three offers within two weeks !
                    Has your house indicated which offer it will accept?

                    Comment

                    • #11
                      Re: Where to start

                      Thus we always say start the cca process. That way no matter what, you're semi covered and can then bring s.78 etc into the fight (if they try and take action)

                      Why are we discussing MSE here? MSE know as much about UE/Court processes as my left testicle
                      I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                      If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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                      • #12
                        Re: Where to start

                        Originally posted by Never-In-Doubt View Post
                        Why are we discussing MSE here? MSE know as much about UE/Court processes as my left testicle
                        So how much does MSE (Moron Spongiform Encephalopathy?) know about your left testicle - and why?
                        Last edited by CleverClogs (RIP); 29 March 2012, 09:52.

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