Credit card advice for escalating interest charges

[Maxsgirl]

Having problems sending photo of form, can’t see paper clip, tried your link & my own email account. On my own it says the address is not valid. On the link I can’t find paper clip or any means of sending photo. I have just sent email through you link with just “this is not my signature” to see if you receive it

[The Tech Clerk]

webmaster@all-about-debt.co.uk

[Maxsgirl]

I have tried again to send I think it has gone now

[nightwatch]

I have removed your income from post42, we do not need to know this.

[Maxsgirl]

I have removed your income from post42, we do not need to know this.

Thanks

[Warwick65]

Hi

I see I posted on your thread way back when. I know this all seems frightening and unsettling but you need to take a deep breath and do one thing at a time.

You have now set up a diary- good. Each time you want to update it, use the quote at the bottom of the most recent diary entry, update it and then post it. I think you will have to write a few letters, maybe just update.

You have sent a CCA request with the £1 and received a reply, is that right?

You have sent a copy of the CCA to Niddy, is that right? If not, send him an email from your usual email address (the one you used to sign up with)

Basically the CCA request should have your name and address at the time you took out the credit card, and the banks. It should also have the prescribed terms but Niddy can check that. There should then be a set of terms and conditions that were in place when you opened the card (typically they will have default fees of £25 or maybe more). You should also have a set of terms and conditions from when they defaulted the account.

Once you have done all that you need to set up a file for your records, keep copies of every letter they send and every letter you send back.

Now we will help you deal with each letter as it comes. If you are being bombarded with telephone calls there is a letter you can send , not sure where it is but here is something they used to have on the forum

Dear Sirs,
Reference: 123456789
I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing and I now require all further correspondence from your company to be made in writing only. I am of the view that your continued harassment of me by telephone puts you in breach of the Protection from Harassment Act 1997 as well as Section 40 of the Administration of Justice Act 1970.

I ought to draw your attention to the case of Harrison v Link Financial in which HH Judge Chambers outlined the predatory way in which the account holder was hounded; I quote, from this judgment;
"Cumulatively and damningly is what I find to be the way that MBNA and the Defendant went about recovering their debt. I am satisfied that the Claimant’s description of the way that he was hounded by his creditors is essentially correct not least in the use of “non-traceable” telephone calls. It seems to me that such conduct has no proper function in the recovery of consumer debt"

If you continue to harass me by telephone, you will also be in breach of s.127 of the Communications Act (2003) and I will report you to OFCOM, Trading Standards and The Financial Conduct Authority, meaning that you may be liable to a substantial fine and/or other sanctions as they see fit. Be advised that any further telephone calls from your company may be recorded and used in evidence and I expect this harassment to cease immediately.
Yours faithfully,

You could just send the first paragraph as it really says it all or if you want to be a bit firmer but less aggressive miss off the last paragraph


So you see, there is a lot you can do. If they threaten to send someone round, there is a letter for that. To be honest I doubt they would have done that yet, in 8 years and 20+ accounts, I only ever had one visit to my door and he was nice and went away.

Keep us informed. Di is a font of all knowledge but so are the combined forces of the forum

[Maxsgirl]

Warwick65
I tried to reply when you sent your message but my reply kept disappearing
I sent CCA request using Template on here with £1 PO
They replied sending PO back
i already have file of everything I have original statements etc, strangely no contract or any other letters about the card. I say strangely as I have records going back years, but nothing about this card.
I tried sending photo of CCA several times to Niddy but I don’t know if it was received, could it be confirmed. If it wasn’t received I will try sending again.
You mention the phone calls I was getting so many the final came when I was speaking to my phone provider & they tried to intercept my call, so I asked them change my number which they did immediately. I presume they can still ring my landline but the haven’t rang that since last week
You say I will have some letters to write? More information would be welcome as I don’t know what you are referring to.
Back to Link Financial the reason I requested help.
What do I do going forward, ie do I have to answer their calls, letters or people at my door
What happens if they decide to get a court order against me.
You say there will be others, does that mean it will be sold on to other debt collectors.
The reason I stopped payments is because I could not reach a resolution with Halifax & since 2012 I have paid them more than £16 in interest. Then they were asking for a minimum payment of almost half of my monthly income.
it appears they prefer to sell it on for a fraction than agree something with a customer
I don’t know if I can cope with constant pressure from these people as I am not in very good health & the stress of this has already had a significant effect on my mental state. While all this has been going on I have battled Cancer twice & had major surgery followed up by treatment Chemo etc.
Due to the heavy demands on my finances it has put lead me to get into more just trying to keep up. In 2012 the only debt I had was around £6000 on that card & I requested a loan which they refused. When I complained to the Bank I was pressured into taking a new account with a £1000 overdraft which also has charges of £45 per month, which includes insurance for Holidays, Phone, House etc non of which are of any use to me, when I turned 70 the holiday Insurance was ended because they won’t insure yo any longer. Also I wasn’t cover anyway due to Cancer & other health issues which have been ongoing since before 2010
Halifax call themselves the listening bank, well they haven’t listened to me & I have gone from having no debt to this.
mavmax

[Maxsgirl]

Eek, now it’s sent 3 times can you remove 2 of them

[nightwatch]

Maxsgirl, please stop and take a breath, I can read the panic in your post,

What do I do going forward, ie do I have to answer their calls, letters or people at my door, No you don't have to, just post on here any letters you receive, not the actual letter just a quick breakdown of what they say, then date and file it
What happens if they decide to get a court order against me. that is a long way off, they 1st have to have the correct paperwork, so we will cross that bridge when/if we come to it
You say there will be others, does that mean it will be sold on to other debt collectors. It may be, all depends on how the one who has it now want's to deal with it, but don't panic about that, we just start again with a new set of letters.

It also sounds like you were miss sold a packaged bank account, I have just reclaimed the charges and interest from one we were told we had to take out, maybe another thing to look into when you are up to it.

[Maxsgirl]

Regards the Bank Account, I think it should be done now as I have had my income moved to another bank so the account is open on condition that a certain amount is paid in every month & a minimum amount of D/Ds paid from it. At the moment there is a debit of approx £800 of a -£1000 overdraft. I would struggle to pay that to close the account straightaway, so they will be chasing me for that next.

[Maxsgirl]

I have just had a call on my Landline from Link Financial I did not answer. Time 12.17
They have also emailed me requesting I urgently contact them no 0000 also says I am not allowed to share the contents of the email with anyone rec 12.40

[Maxsgirl]

Did you find out if Niddie received photo I sent of CCA? If not I will try sending again.
i have supporting letters I sent to Halifax at the time I was pressured into taking out the new current account or upgrading.

[Maxsgirl]

I did not know until very recently I could take my complaints about the way Halifax have totally pushed me into a place where I have ended up in debt

[Warwick65]

When I said you will have some letters to write I didn't mean actual letters. What I was meaning is when you quote a post, you have to write something below it before the system will let you post it, please see my next post. I suggested the word update.


However, you may indeed have some physical letters to write such as if they start calling you again or if they write threatening a doorstep visit.

As Nightwatch has said, please don't panic , this is a slow process. It took me 7 years from when I first started the journey to when I knew the debts were Statute Barred. - It is only 6 years from default , payment or acknowledgement but in that first year I wrote some letters that were maybe inappropriate and I certainly wouldn't have wanted my mother (or a Judge) to read.

Also as NW has said, it is a very long way off before court. In the one case that went to court , I was sent a letter of claim to which I sent a response and a CCA Request. Over the next 12 months they sent several missives which I ignored (maybe that was a mistake) and then they sent a claim. Once that claim arrived Di was very quick off the mark giving me advice on first steps and then the firm took over. Please remember this was just one, out of more than 20 debts that went to court. So I can now say cabot Financial UK - Haha, lantern, HaHa , Arrow Global, Haha and Lowell- well that cost you a bob or two (we won costs).

[Warwick65]

When I said you will have some letters to write I didn't mean actual letters. What I was meaning is when you quote a post, you have to write something below it before the system will let you post it, please see my next post. I suggested the word update.


However, you may indeed have some physical letters to write such as if they start calling you again or if they write threatening a doorstep visit.

As Nightwatch has said, please don't panic , this is a slow process. It took me 7 years from when I first started the journey to when I knew the debts were Statute Barred. - It is only 6 years from default , payment or acknowledgement but in that first year I wrote some letters that were maybe inappropriate and I certainly wouldn't have wanted my mother (or a Judge) to read.

Also as NW has said, it is a very long way off before court. In the one case that went to court , I was sent a letter of claim to which I sent a response and a CCA Request. Over the next 12 months they sent several missives which I ignored (maybe that was a mistake) and then they sent a claim. Once that claim arrived Di was very quick off the mark giving me advice on first steps and then the firm took over. Please remember this was just one, out of more than 20 debts that went to court. So I can now say cabot Financial UK - Haha, lantern, HaHa , Arrow Global, Haha and Lowell- well that cost you a bob or two (we won costs).

Update