Ask a CCCS counsellor a question

CCCS_Matthew

jusumgeezer wrote: »

Hiya,
Just submitted the form again & it said, you need to give us a call to discuss it fruther? no mention of DMP or anything as you mentioned above?
I hope I put all the info in the correct boxes, it gets confusing who is owed what when the companies keep changing:(

Hello again.

If Debt Remedy has asked you to call, it normally means there is something within your situation that needs discussing further with an advisor before being able to get to the end of Debt Remedy to get your advice. You can either call the number on screen to get through to someone who will discuss the situation straight away, or you can try using the online chat facility where an advisor can talk to you remotely.

Hope this helps.
Matthew

CCCS_Matthew

givemeaname wrote: »

Hi i don't know if i'm in the right place. I ran up a £950 credit card debt with MBNA and a £2000 loan with RBS 9 years ago. I never repaid any foolish i know. I have not heard from the loan for a few years although i recently got married and moved house and i received a letter from link financial ltd asking for payment of the £950. Do i have to pay this? Will my house be blacklisted? and will this effect my wife in any way?

Thanks

If the creditor in question has made no contact with you at all for 6 years, it's likely the debt is Statute Barred under section 5 of the Limitations Act 1980. This basically means that the OFT states persuing you for the debt after such a period of time would be unfair.

Your next step is to write them a letter stating:

"I do not admit any liability for your claim and will not be making any payment towards it, as it is now more than six-years since any cause of action may have accrued. Any claim would, therefore, appear to be statute barred under section 5 of The Limitations Act 1980 and any court claim will be defended on that basis.

In addition section 2.14 of The Office of Fair Trading Collection guidance states that it is unfair to pursue such claims where, as here, the creditor has made no contact during the relevant limitation period.

If, however, you have substantive evidence that your claim is not statute barred then please supply it to me within 21 days. If you are unable to provide such evidence please confirm that no further action will be taken against me."

Your situation would not have an effect on your wife's financial situation, neither would it blacklist your house. There is no such thing as property blacklisting as a credit file relates to an individual rather than an address.

Hope this helps.
Matthew

CCCS_Sarah

catwoman150 wrote: »

Quick question if anyone can help?

I have started a self admin DMP on the 1st of October. I cancelled all of my dirct debits in sept as soon as most of my credit cards have been paid. Ionly have included my credit cards as they are my debit and the only people that I owe money too. Most of the card payment were coming out at the start of the month apart from one MBNA. I cancelled that direct debit and I gave them no money till I start the DMP on the 1st of Oct. Now my question is are they a month behind in getting any payments from me? I have had loads of letters and phone calls from them and I have explained to them that I have no more money to give them. At the mo they are not listening to me. The next payment date is on the 1st of Nov. Is there anything that I can do. Aegis have also sent me letters and phoning me to collect this debt on behalf of MBNA as well.

Hello,


Generally we would advise to make a token payment before the plan starts, however if you have missed this it’s not the end of the world!

Although the contact you are getting is worrying. Don’t feel pressured into paying anymore than you can afford. You have made them an offer and you need to continue this.

The creditors are able to send the letters, however you will be able to stop the calls. If you send your creditors a letter asking them to remove your number from their database, then they should do this for you.

Hope everything goes well with your dmp. If you need any help feel free to send me a message

michaelbourne70

CCCS_Matthew wrote: »

Hi there.

For a creditor to issue you with a default notice, you must be given written confirmation beforehand, as the Consumer Credit Act 1974 states you must be given seven days to pay the debt in full in order to prevent the creditor lodging the default notice against your credit file.

If you are sure you have not received any default notice through the post, your next step is to write to the creditor in question asking for proof that they have issued the notice. If they cannot prove that the letter was sent, or that they admit no notice was served then you could then request that they take the default notice off your file as they would have broken the CCA 1974.

So I would take it from there to start with, let me know if you need any more help.

Regards,
CCCS

Thanks for your advice, how would i go about wording the letter as I obviously don't want to admit to anything just yet, and you know how sly and devious they can be.....once again your help is greatly apprieciated.

CCCS_Sarah

louloujs wrote: »

Help

The Newman & Co heavies (DCA for AMEX) are being really aggressive and I now need to put something in writing to them (sent other self admin dmp letters on Monday) but I wonder if I could write to Amex with CC to Newman & Co or if I should just be dealing with Newman & Co. They are so awful. I have been told my file will be passed for Statutory Bankrupty proceedings to begin imminently. Help, what do I do. Bankruptcy is not good for me owing to property etc.

Stat demands are often used as a scare tactic but should always be taken seriously. I would recommend that you call our helpline as soon as possible on 0800 138 1111 to look into this in more detail for you. How much is the debt for?

michaelbourne70

michaelbourne70 wrote: »

Thanks for your advice, how would i go about wording the letter as I obviously don't want to admit to anything just yet, and you know how sly and devious they can be.....once again your help is greatly apprieciated.

Sorry about this, but also is it possible to write to the credit reference agency asking them to put a notice on file that the said default is in dispute??????

CCCS_Sarah

sandywindsor wrote: »

Hi,
I have forms regarding repossession, do I need to attend the hearing as I do not plan to contest. The hearing is on the 25th November,what will happen next?

thanks

Sandy

Hi Sandy,

Have you explored all avenues, and is this definitely the route you are wishing to take?

The court hearing is for the benefit of both parties and not a form of punishment. It will give you a chance to explain your circumstances and come to an agreement.

If you want to go ahead with the repossession and this is your best advice. You could look at just handing the keys back to the creditor and go for voluntary repossession. If you did go down this route then:

• You would be liable for council tax until the house is sold
• Would be better to keep up to date with any house insurance, as if any damage was made to the property you would be responsible
• You would need to find alternative accommodation

Either option your house will be sold at auction then it may sell for much less then the current market price. This could leave a shortfall.

If you would like to discuss this in more detail you would be more then welcome to come for an appointment with our specialist mortgage counselling team.

If you would like an appointment please call 0800 138 1111.

CCCS_Sarah

jo32143 wrote: »

Hi All

I recently contacted CCCS because my hours were cut at work and I have just over £8000 in debt that I cannot repay. They have recommended a DMP but I no nothing about what happens with this. They said I will have to pay them £51 a month. I previously contacted Churchwood who wanted £150 a month !! I cancelled that when I read the bad reports on this site.

I owe the following -

Shopacheck £750
Provident £700
HSBC £1200
Nat West £500
Everyday Loans £4000
Capital One £460
Vanquis £260
Money Shop £700

When I rang to cancel churchwood I told them I was using CCCS instead and they said don't cos they don't freeze interest or stop charges being added. Now I am worried that my debts are just gonna mount beyond belief.

Please advise

Jo

Hi Jo,

Did you have an appointment or go through the online application Debt Remedy?

On a debt management plan, there is NEVER any guarantee that the creditors will stop the interest and charges as this really does depend on which creditor it is.

Generally once the dust settles with your plan, the creditor does tend to stop them then. However if they don’t other options may be better for you, so I would recommend that if that was the case then to contact us for a review.

Sarah

sandywindsor

CCCS_Sarah wrote: »

Hi Sandy,

Have you explored all avenues, and is this definitely the route you are wishing to take?

The court hearing is for the benefit of both parties and not a form of punishment. It will give you a chance to explain your circumstances and come to an agreement.

If you want to go ahead with the repossession and this is your best advice. You could look at just handing the keys back to the creditor and go for voluntary repossession. If you did go down this route then:

• You would be liable for council tax until the house is sold
• Would be better to keep up to date with any house insurance, as if any damage was made to the property you would be responsible
• You would need to find alternative accommodation

Either option your house will be sold at auction then it may sell for much less then the current market price. This could leave a shortfall.

If you would like to discuss this in more detail you would be more then welcome to come for an appointment with our specialist mortgage counselling team.

If you would like an appointment please call 0800 138 1111.

i am an undischarged Bankrupt and the Trustee owns the property,i just wondered regarding the forms and if it was necessary for me to attend. I am
currently seeking rented property and hope to have moved within the next 6-8 weeks. I have read that possession is usually given 28 days after court hearing.Can you confirm/advise.

Sandy

Apolonation

Hello CCCS, I wonder if you would be kind enough to read my situation here:

http://forums.moneysavingexpert.com/showthread.html?t=1251559

and offer your advice.

Many thanks