Need help with cards :(

[BlueArmy]

Re: Need help with cards

They are going to be after 2007 I think

[MrsD]

Re: Need help with cards

Ok still worth sending for the CCAs and stopping payment for the moment, comes down to the basic question, can you afford to pay them and still eat, live etc?

if the answer is no, we need to look at the whole situation and come to a plan going forward. So for now why don't you stop payments and send for the CCA and see what comes back?

[BlueArmy]

Re: Need help with cards

As my accounts were open after 04/2007, even if they cant supply a proper CCA they can still enforce right?

[MrsD]

Re: Need help with cards

the law changed then so different circumstances apply. It still comes back to can you afford to pay them?

[BlueArmy]

Re: Need help with cards

Answer to that is no. So the fact I am waiting longer than 14 days for Asda CCA to arrive means nothing?

[MrsD]

Re: Need help with cards

no they are obliged to send a CCA, regardless of when you took the debt out, so anytime they don't produce they fall into default until they do. on this forum we normally advise to check everything for enforceability then look at what you've got left and try to work out the best way to deal with it, be that a DMP, rarely an IVA or even bankruptcy. the straight facts are if you can't keep up the payments, you can't keep up the payments and you have to look for another way of dealing. We couldn't make minimum payments on our debt, and that's why we are here, most of us are in the same boat, there is no shame, its a problem and it can be dealt with, but you have to live as well, trying to live on too little money because you are paying too much back to unsecured debt does not work, you and your family must be able to live, even if they all went to court, the judge would leave you enough to live on. Hope you feel better, try not to worry, it is really only money, and there are lots of more important things than money.

[BlueArmy]

Re: Need help with cards

Ok, thanks for the reassurance.

I really dont mind paying what I owe as I do owe it. But I cant afford to. I can manage smaller token payments I suppose. Maybe thats my next step when I get all the CCA's in. See if they go for it

[MrsD]

Re: Need help with cards

try to relax and have a good weekend, lots of things to do that don't cost the Earth!!!
and try not to worry, it will be OK, have a read through the forum and see how well supported everyone is...............

[caspar]

Re: Need help with cards

Hi BlueArmy,

Whether or not they are before / after 2007 is irrelevant. It is worth sending a CCA request, if not only to buy youself some breathing space. After that take things as they come depending on the result of your CCA's.

The real golden rule here though, and it took me ages to truly realise and believe that this is 100% true is they can't take what you haven't got. If you can't afford to pay them, there is very very little they can actually do. Even if everything turns out enforceable, if you can't afford to repay them, then you pay your priority debts first, see what's left over after your living expenses and then pay them what you can afford to pay them, if anything.

It really is as simple as that when push comes to shove. Please don't worry. It's not a crime to be in debt. I've been at the stage where I was so scared of what was going to come through the letterbox I was physically sick. I had a client yesterday who was in floods of tears as they'd got a load of letters from DCA's and hadn't slept properly for weeks. I popped down to see her today and for the first time in ages she'd slept because I'd explained everything to her, written a few letters for her and made her realise that nothing dreadful was going to happen to her.

Try to get your head round this, otherwise debt plays hell with your head. You really do have to think it's only money, and at the end of the day, if you haven't got it, they can't have it.

Forget about it for the weekend, there's nothing you can do then and try to relax and not worry.

[BlueArmy]

Re: Need help with cards

Got a letter from EGG this morning saying that I cancelled my direct debit and it is a condition of the EGG agreement to have dd on file.

Also had 3 phone calls from them this morning.

Am I to just ignore the letter and calls?

[Deepie]

Re: Need help with cards

Got a letter from EGG this morning saying that I cancelled my direct debit and it is a condition of the EGG agreement to have dd on file.

Also had 3 phone calls from them this morning.

Am I to just ignore the letter and calls?

Ignore the letter but send this >Harassment by Telephone

[caspar]

Re: Need help with cards

Totally agree, ignore the phone calls and send the letter I2D suggested.

[Paul.]

Re: Need help with cards

only difficulty with ignoring calls is you cannot rely on them as unfairness per s140A CCA 1974 nor can you allege harrasment per the PFHA

So by ignoring you can in my view harm your defence

[BlueArmy]

Re: Need help with cards

The call is a machine telling me its a call from EGG to press any key to be connected. I know this as half a message is left on bt answer

[Paul.]

Re: Need help with cards

well then have a note pad next to your phone

then when it calls note date and time, as auto diallers can be classed as harrasing per the Ferguson v Brit gas case