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  • #1

    yours-debtfull's diary of debt & despair

    Hi folks,

    despite the thread title, I actually feel quite positive about my situation. I've read enough to get tackling my cc debt straight away so have begun but I will read up some more in preparation for the next step. I'll post my progress here as required.

    Thanks for a great site, I already feel quite comfortable here

    yours-debtfully
    Last edited by Never-In-Doubt; 15 June 2016, 14:45. Reason: Updated 2016
    Tags: act, action, application form, april, arrangement, barclaycard, card, cards, cca, cca request, ccj, claim, cohen, comi, con, consumer, consumer credit, consumer credit act, county, court, credit, credit act, credit cards, date, dca, debt, default, elderly, email, eye, fee, free, ico, interest, letter, letters, loans, mbna, natwest, niddy, overdraft, personal loans, postage, problems, rate, santander, settlements, signature, tactics, template, templates, tesco, threat, threats, unenforceable, unsecured
  • #2
    Re: yours-debtfully's diary of debt & despair

    Hi

    Fancy telling us some more - tease
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    • #3
      Re: yours-debtfully's diary of debt & despair

      Cripes you were quick! Just give us a mo, that gin doesn't pour itself you know.....

      Comment

      • #4
        Re: yours-debtfully's diary of debt & despair

        OK, a little bit of backround first.

        I am the sole director of a small Ltd company and have been hit hard by the recession. Problems started early 2011 and we started to rely too much on personal cards to prop up the business. Now we find we are rapidly running out of 'ability' to keep up with just the minimum payments. I have around £35k on cards, no personal loans or any other unsecured debt apart from a small £400 overdraft with the Natwest.

        I have already had to lay off one member of staff which was heartbreaking and made every cutback imaginable but we are still struggling. In order to protect the jobs of my other 3 good and loyal staff, my elderly parents home and my 20 year old company I need to take drastic action. Receiving notification from Santander that they intend to increase the interest rate on my card from an already dispicable 29% to 35effin%, was the last straw.

        In a nutshell, that why I am here.

        Much thanks yours-debtfully
        Last edited by yours-debtfully; 11 June 2012, 21:11.

        Comment

        • #5
          Re: yours-debtfully's diary of debt & despair

          Tesco Clubcard

          • Type of account - credit card

          • Date commenced - 27.05.06

          • Approx balance - £7800

          • Date last paid - 23.05.12

          • Are you on arrangement or not paying - No

          • Status - up-to-date

          • Account owner - lender - not chasing anything yet as up-to-date

          In possession of original generic 'customer copy' agreement and application form.


          12.06.12 - CCA letter sent, no sig, recorded
          21.06.12 - Response received - Tesco sent photocopy of signed agreement which differs very slightly from the customer copy I retained.
          21.06.12 - Emailed Niddy
          23.06.12 - Niddy says enforceable

          UPDATE
          01.06.16 - Thank you Niddy for resurrecting this old account and thread.
          01.06.16 - I have continued to receive letters from TPF chasing the debt, more latterly I have been getting hounded by Robinson Way by letter and phone but have managed to avoid taking any calls so have not spoken to or acknowledged any calls from them. Recently though I received a letter from Howard Cohen & Co Solicitors on behalf of RW's clients, TPF. The letter is a Notice of Pending Legal Action and contains all the usual scaremongering. Does anyone have any experience of these people and do they proceed to court ever?
          Last edited by yours-debtfully; 1 June 2016, 19:17. Reason: Update

          Comment

          • #6
            Re: yours-debtfully's diary of debt & despair

            Amex

            • Type of account - credit card

            • Date commenced - Nov 2007

            • Approx balance - £4800

            • Date last paid - 31.05.12

            • Are you on arrangement or not paying - No

            • Status - up-to-date

            • Account owner - lender - not chasing anything yet as up-to-date

            In possession of original generic 'customer copy' agreement and application form.


            12.06.12 - CCA letter sent, no sig, recorded

            UPDATE
            01.06.16 - Continue to receive the occasional letter from Amex and latterly some settlement offers of ever decreasing amounts. No contact with anyone since May '12
            Last edited by yours-debtfully; 1 June 2016, 19:11.

            Comment

            • #7
              Re: yours-debtfully's diary of debt & despair

              Barclaycard

              • Type of account - credit card

              • Date commenced - Jan 2009

              • Approx balance - £6300 - Fixed 6.84% apr for life

              • Date last paid - 01.06.12

              • Are you on arrangement or not paying - No

              • Status - one missed payment - due 11.05.12 - paid 01.06.12 - default recorded on credit file.

              • Account owner - lender - chased missed payment but stopped now up-to-date

              In possession of original generic 'customer copy' agreement and application form.


              12.06.12 - CCA letter sent, no sig, recorded
              Last edited by yours-debtfully; 11 June 2012, 21:09.

              Comment

              • #8
                Re: yours-debtfully's diary of debt & despair

                Santander

                • Type of account - credit card

                • Date commenced - 10.08.09

                • Approx balance - £6800

                • Date last paid - 17.05.12

                • Are you on arrangement or not paying - No

                • Status - up-to-date

                • Account owner - lender - not chasing anything yet as up-to-date

                In possession of original agreement, mine not signed but noted by me as signed, dated and returned 10.08.09.

                I have challenged them on previous rate hikes; two that were made only one month apart and another that was made without notification in Nov 2011. The recent 35% increase came just the other day.

                13.04.12 - Complaint letter delivered to Santander and signed for - no answer after 9 weeks
                12.06.12 - Ombudsman complaint form completed but not yet posted - your advice on this would be welcome
                Last edited by yours-debtfully; 11 June 2012, 21:18.

                Comment

                • #9
                  Re: yours-debtfully's diary of debt & despair

                  MBNA

                  • Type of account - credit card

                  • Date commenced - May 2011

                  • Approx balance - £7000 - 0% until Dec 012

                  • Date last paid - 27.06.12

                  • Are you on arrangement or not paying - No

                  • Status - up-to-date

                  • Account owner - lender - not chasing anything yet as up-to-date

                  In possession of original generic but named agreement with no signature - not sure if signed

                  Comment

                  • #10
                    Re: yours-debtfully's diary of debt & despair

                    OK done.

                    I'm aware that it doesn't add up to £35k as previously mentioned, I'd included a £2k card my partner has in his name - it's very new and 0% until Dec 13 so not a problem at the moment.

                    All comments, suggestions, hints and help will be most welcome.

                    yours-debtfully

                    Comment

                    • #11
                      Re: yours-debtfully's diary of debt & despair

                      Hi everyone,

                      Could anyone advise on whether I should CCA all my cards? I'm pretty sure I signed the Santander agreement and it looks to me to be enforceable so I'm not sure there's any point asking for that one. The Amex and Tesco look likely to be unenforceable to by untrained eye though.

                      Also, does anyone have any suggestions on how to deal with Santander's bad behaviour with regard to the rate hikes and not responding to my letter?

                      Much thanks, yours-debfully

                      Comment

                      • #12
                        Re: yours-debtfully's diary of debt & despair

                        Ooh, you beat me to it....

                        Comment

                        • #13
                          Re: yours-debtfully's diary of debt & despair

                          Only the Tesco card falls within the Consumer Credit Act but, if you're prepared to blag (perhaps to allow you time to save for F&F settlements), then by all means send cca requests.
                          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.

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                          • #14
                            Re: yours-debtfully's diary of debt & despair

                            Originally posted by Flowerpower
                            They all fall within the Consumer Credit Act being credit cards, however, the others are too new for UE due to the repeal of s127 of the Act in April 2007.
                            That's what I meant FP but not feeling very 'with it' today.
                            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

                            • #15
                              Re: yours-debtfully's diary of debt & despair

                              Okedoke, got it! Thanks very much Pixie and Flowerpower.

                              I'll defo send a CCA to Tesco and will also follow up with a letter of complaint to the FO about Santander for not responding to my letter about the rate hikes. Should I start a new thread for that in a different section or am I ok to leave it here?

                              Ta, yours-debtfully

                              Comment

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