debts and bank liability/negligence?

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AC1975

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Post by AC1975 » Wed Nov 09, 2011 11:35 am
Hi all,

I owe halifax around £6.5k and have received a letter from Moorcroft Debt Collectors. The initial debt was for £6k and I started paying via a debt management plant through Payplan payment. Over 2 years I paid approx £3k but stopped paying when I realised that my debt was still around £5.4k because of interest. All my other creditors had stopped interest but these lot continued. Anyway I now intend to argue with them that the outstanding amount should be £3.5k (which I am happy to pay off in instalments) but have also said that i am happy to go to court and argue my point. As a side issue I'm also going to highlight that ALL my debt was primarily gambling - bet365/betfair etc - and that they shouldn't have continued giving me credit/or stopped my card when they noticed that over the course of a year they could see i was wasting my/their money. I am a recovering gambling addict and went through major clinical depression last year. Is this line of argument a good idea? Would they worry about the publicity? Would the judge be sympathetic? Thanks.
 
 

ginger3232

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Post by ginger3232 » Wed Nov 09, 2011 11:48 am
AC - welcome to the forum -

the creditors are under no legal obligation to stop interest/charges etc in a DMP/formal agreements. They are also free to change their minds or seek CCJ or any further recovery action. its worth seeking legal/debt advice - or perhaps a suggested way forward with creditors
Last edited by ginger3232 on Wed Nov 09, 2011 11:53 am, edited 1 time in total.
 
 

kallis3

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Post by kallis3 » Wed Nov 09, 2011 11:52 am
Hi and welcome from me as well.

I agree with ginger, you should seek further advice or try to see if your creditors are willing to help at all.
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
Bob Marley.
http://kallis3.blogs.iva.co.uk
 
 

lem

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Post by lem » Wed Nov 09, 2011 12:33 pm
I agree with the above, unfortunately, legally they are entitled to continue to add interest and charges every month and no judge would be sympathetic to that, perhaps try a different debt management company to see if they could have more success with getting the interest stopped, in the meantime, you would be better trying to save as much as you can to offer as a full and final towards this debt, it has been known for creditors to accept as low as 25% of the outstanding amount on a DMP
 
 

AC1975

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Post by AC1975 » Wed Nov 09, 2011 4:03 pm
thanks all for the helpful comments. Does anyone know whether courts have been asked/have decided on credit card liability for a build up of gambling debts?
 
 

ginger3232

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Post by ginger3232 » Wed Nov 09, 2011 4:14 pm
Unless you coud prove it was fraud on the card or you were mental incapacited - would have thought you would be 100% liable for all the debt
 
 

AC1975

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Post by AC1975 » Wed Nov 09, 2011 4:25 pm
possible test case - card company gives out money, sees money being gambled,increased credit limit etc etc. dr gives out medication, knows medication being abused, prescribes further medication....that'll be my argument pre going to court and possibly in court.
 
 

kallis3

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Post by kallis3 » Wed Nov 09, 2011 4:25 pm
Again, I agree. You will be liable for the debt.
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
Bob Marley.
http://kallis3.blogs.iva.co.uk
 
 

ginger3232

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Post by ginger3232 » Wed Nov 09, 2011 4:34 pm
AC - without seeming negative - but there is a thing called "self responibility" ! (it not about blaming people) its allowing people to make there own decisions in life - and living independently with the responsibility of them (good or bad). - unless you were "under mental health section" at the time - You would be accountable under law for you own decisions.

If you really feel your being treated unfairly - suggest that you seek independant legal advice
 
 

kallis3

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Post by kallis3 » Wed Nov 09, 2011 4:48 pm
Once again, I agree with ginger.

You should seek some legal advice - either CAB or a free consultation with a local solicitor.

I'd be surprised if you got anywhere to be honest.
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
Bob Marley.
http://kallis3.blogs.iva.co.uk
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