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CCA advice please
mummytofour
Posts: 2,636 Forumite
Hi,
I am on a DMP with CCCS and have just made the first payment to them.
MBNA are getting snotty and saying they are going to pass over to DCA as I am in arrears and they claim have made no contact with them, so should I ask for CCA, infact shall I ask all my crediters for the CCA? Or can I not do that as I am with CCCS.
I am on a DMP with CCCS and have just made the first payment to them.
MBNA are getting snotty and saying they are going to pass over to DCA as I am in arrears and they claim have made no contact with them, so should I ask for CCA, infact shall I ask all my crediters for the CCA? Or can I not do that as I am with CCCS.
Debt free and plan on staying that way!!!!
0
Comments
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Don't fear the DCA threat. You may find most of your creditors will pass on your debts to DCAs anyway as this seems to be normal practise now.
This is usually the point at which you or CCCS on your behalf will negotiate a new monthly payment & arrange for any further charges & interest be stopped.
You may have a rocky couple of months to begin with, but then things will usually settle down once the DCAs realise they can't squeeze any more money out of you or CCCS.Donedoingdebt Lightbulb moment January 2000. Debt at highest approx £102,000. Debt now (October 2009 - absolutely fork all!!!):beer:
CSA case closed on 02/09/10 :beer::beer:0 -
MBNA have been threatening me since i started my DMP with CCCS last August. They ring are rude and threatening and send the most scary letters, but i have just plodded on paying them each month on the DMP and i hardly hear from them now.0
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If these credit card companies are phoning you, simply change your phone number, its free to do, and will save you alot of grief from the creditors.
Merlot.x."Wisdom doesn't automatically come with old age. Nothing does, except wrinkles. It's true, some wines improve with age. But only if the grapes were good in the first place." — Abigail Van Buren0 -
Hi
Have been through this with MBNA even though CAB assisted me. MBNA did all the usual harrassment tactics including phone calls to all and sundry, carefully worded but threatening letters and so on. It can get you down though so played them at their own game which might be helpful:
1. Write to them (dont add a signature though) and state firstly that you feel their continued contact is harrassment and then:
'As I am sure you are aware Harassment of debtors is a criminal offence in England and Wales under section 40 of the Administration of Justice Act 1970.
Furthermore, continued telephone calls after the receipt of a request not to call may constitute a criminal offence under section 127 of the Communications Act 2003
In addition every individual has a right to be free from harassment under the Protection from Harassment Act 1997.'
2. Demand that all communication from here on in is through letter and if after this they phone again call the police
3. Send your letter by signed for...at least then you have a receipt
4.They will need to send you a default letter before passing on debt to a DCA
5. As soon as you hear from the DCA then send in a request for a copy of the CCA (see on forums or Consumer Action Group for template letter). This will stall them and if the account is in dispute then they cant do much in the interim. Chances are they wont have the CCA (nor MBNA come to that) and you will get a standard response which means very little. They will still have to adhere to the legal limits for responding.
6. MBNA often sell onto Link Financial who go for charging orders very quickly so make sure you send the request for your CCA as soon as you recieve their first letter. They would find it very difficult to apply for a charging order if there is no CCA.
7. Also if you havent already then claim back any charges from MBNA
8. Some groups advise not adding your signature to letters in case they are scanned in and added to other documents.....dont know how true this is but i went on the side of caution!
9. You can ask all your creditors for a copy of the CCA (again there are template letters for this) even if you are on a DMP.
Hope that helps and good luck.
Mallard0 -
A DCA has no more powers than the original creditor and you will find the longer you are on a DMP the more DCA you deal with rather than original creditors. It can be a good sign as usually your interest is stopped (I know there are exceptions here!) and also they purchase the debt for a lot less so if ever you want to make settlement offers they are more likely to go for a lower amount.
You just treat them like your creditor, CCCS will say here is there budget this is what the offer is and here you go here is the payment. You tell them if they ring CCCS deal with it for you.0
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