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Ask a CCCS counsellor a question
Comments
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OverCommitted wrote: »Thanks very much Sue.
I just got a reply back from egg about getting a statement. They directed me to an obscure corner of the web site where I had to fill in a form and print it out. I've now got to send it by post with a postal order for £2 and if I'm lucky will get the statement within 14 working days of them receiving it.
Oh well. I will do that and whilst I'm waiting, send you what I can.
OverCommitted
hi overcommitted
When you send us what you do have, I would put in a note explaining why all the statements are not there and that you have applied for them, so that the DMP department are aware.
Regards
CCCS_SueI am a CCCS Debt Counsellor and have specific permission from Martin to post on these boards to try and help those in debt. Read more information on CCCS in the Debt Problems: What to do and where to get help article. If you find you're struggling with debt and you need further help try our online advice facility Debt Remedy0 -
Hi Sarah, Sue or Matthew, wondered if I could get a bit of advice.
OH is in the process of setting up a DMP with yourselves, we have recently sent back all of his statements, a wage slip etc and have written to all our creditors with the Notification letter and a £1 PO.
However we are having trouble with one of his creditors/debtors.
Basically its The Money Shop, a cheque advance place to whom he owes £750. We have put them on our list of creditors to offer a reduced payment to, but the cheques are due to be either cashed or extended on June 20th. To stop the cheque at his bank costs £12 per cheque, to extend a cheque costs £15. He has 8 cheques with them.
If they lodge them there will not be money in the bank to cover them and he doesn't have an overdraft. But he also cannot afford to extend them.
We went instore to explain about the DMP but were told he had to contact head office. We did so by phone and they told us to go back instore. Which we did, and were then given an address for their "Financial Difficulties Dept". So we are going to send them the letter of Notification of a DMP.
My questions are, what if they will not stop they cheques? As he has no overdraft? And what should we say alongside the notification letter? Do we ask them to destroy or stop the cheques and wait for correspondence from yourselves? Really panicking as he doesn't have the money to extend or stop these cheques, let alone cash them, and the date is approaching.
Thank you in advance, sorry for rambling!
Hi miss_ bexy and thank you for your message
As he is in the process of setting up a DMP and these cheques are included in the list of creditors,I would recommend that he rings our client support team and explain the situation to them. They will advise him further.
If you need the number,I can PM it to you.
Regards
CCCS_SueI am a CCCS Debt Counsellor and have specific permission from Martin to post on these boards to try and help those in debt. Read more information on CCCS in the Debt Problems: What to do and where to get help article. If you find you're struggling with debt and you need further help try our online advice facility Debt Remedy0 -
jaynemaria wrote: »Hi, its great that you are offering support, so on behalf of everyone thankyou.
I am on a DMP with the cccs after having to stop work due to a long term illness, I have three credit cards on the dmp, before being ill I had never missed a payment and always paid much more than the minimum.
As soon as I became ill and insurance was due to stop on card, I tried to negotiate myself, but to no avail. As things stand one CC has accepted the plan, another still charges interest, but has written and admitted that they do not have a CCA for me. The third actually told me they dont help ill people as its not their policy and are in the process of taking me to court to try and get a charging order.
I am trying to defend this as they have not sent me a CCA despite my asking many time, and also asking for all info under the DPA which they have ignored.
Question is really, what criteria do creditors look at when accepting the plans. all my debts are within a hundred pound of each other and the one that accepted without a problem was the higher one
Hi jaynemaria and thank you for your message
Creditors do vary when it comes to accepting payment.
The majority are usually happy as long as the budget is realistic, expenditure in the budget is within guidelines , they are receiving regular monthly payments and the term of repayment is reasonable.
Others will continue to pursue you to try and get as much as they can. But if you are on a DMP,then you should not pay them extra on top of your payments to the plan. The whole purpose of the budget is to show how much you can afford to offer each month.
However, they should not be ignoring your request for information.
When you requested the information,did you send the £1 fee? And did you send it recorded delivery and keep a copy for yourself?
You are entitled to request the creditor provides information.
The request must be in writing and accompanied by a fee of £1 per credit agreement. It is recommended that the letter is signed by you and posted first class recorded delivery.
The time limit for the creditor to reply is 12 working days from receipt of the request.
If they do not reply, you should send a reminder after 14 days pointing out that the agreement is now unenforceable and will remain so until the creditor complies with the request.
The agreement remains unenforceable and if it has been two weeks plus one month since the request was made then an offence has been committed. You could consider reporting the creditor to Trading Standards and complaining about the breach of OFT Debt Collection Guidance – e.g. paragraph 2.8(k) (not ceasing collection activity whilst investigating a reasonably queried or disputed debt).
Regards
CCCS_SueI am a CCCS Debt Counsellor and have specific permission from Martin to post on these boards to try and help those in debt. Read more information on CCCS in the Debt Problems: What to do and where to get help article. If you find you're struggling with debt and you need further help try our online advice facility Debt Remedy0 -
piranhalikethat wrote: »Hi, I really hope someone can advise me what to do, don't know how much more I can take.
I'll be as brief as possible:
In Apr 08 I split from partner and stayed in the house with 100% mortgage at £75k. The bank wouldn't do a remortgage in my name so we left it in joint names and agreed I would pay the whole amount (£500/month, capital and interest).
In Jan 09 we did a voluntary hand back to the bank as i couldn't afford it in on my own, and they agreed to sell the house and we repay the deficit between us as an unsecured loan.
Found out today the bank have opened a basic account in our joint names with £33,835 overdraft, which I assume is the deficit from the house sale.
In amongst all this I have had debts from a few years ago catch up with me, and my current partner agreed to pay for them on his credit card, then balance transfer it to a 0% offer for as long as possible. I have in my own name a loan with a different bank, but no credit cards or store accounts. I am not named as a tenant in the flat I share with my partner but we split the rent and bills 50/50, and I pay the credit card.
Where do I stand with looking at DMC/IVA/bankruptcy? There's no way I can pay my half of the deficit with the charges and interest they will no doubt apply, and with hardly anything in my name in our flat I'm worried that they'll look at income, see that I have no liability in my name alone and take everything.
I really do not know which route to take. I hope someone can help please.
Without knowing your full financial circumstances, I cannot say which option would be better for you.
I would recommend that you call our free helpline to make an appointment to discuss your situation with one of our trained debt counsellors
You can book a telephone based appointment by calling our helpline free on 0800 138 1111. Lines are open Monday to Friday 08:00-20:00. It would be helpful that when you call you have details ready regarding your income, expenditure and creditors, as this can help speed up the referral process. If you have this information ready it may be possible to refer you directly to a counsellor if one is available, otherwise we will arrange a time that is convenient for you to be called back for an appointment.
Regards,
CCCS_SueI am a CCCS Debt Counsellor and have specific permission from Martin to post on these boards to try and help those in debt. Read more information on CCCS in the Debt Problems: What to do and where to get help article. If you find you're struggling with debt and you need further help try our online advice facility Debt Remedy0 -
tracymcashmore wrote: »Hi Tracy and thanks for your message
Your creditors should not be harassing you.
You can ask them to remove you from their telephone data base and communicate with you in writing only. I have attached a sample letter you can use to send to your creditor requesting that they communicate with you in writing only.
Send this with an up to date copy of your budget and the monthly payment offer and then make sure you pay this regularly every month even if they refuse.
Make sure you keep a record of all the payments you have made as if they do take court action, you will have proof you have been keeping up with the payments.
Keep a copy of the letter for yourself and send it recorded delivery.
I would also mention in the letter you have been making regular payments but had no acknowledgement.
Dear Sir/Madam
I am writing to ask that you no longer contact me by telephone as your calls are causing me considerable stress due to the frequency, and that they are being made at inappropriate times. Please remove my telephone number from your database and send all future communication in writing to my home address.
I have provided the most recent copy of my income and expenditure to make you aware of my current financial situation. I will continue to make my payment of x on the x of every month and will keep you informed of any changes in my circumstances as I am keen to resolve this issue as soon as possible.
I understand that following this request if you continue to call I can contact the Office of Fair Trading to make a formal complaint.
Please confirm in writing that your records have been amended.
Yours sincerely
Hope this helps
CCCS_Sue
Hi Sue
thank you so much for this hoping this has some sort of an effect. disgusting how they can harrass you so much.
can i just ask if they are saying im not paying can they send any1 around to the house like they say? im scared of some1 turning up while i have my children home with me.
im not so worried about going to court cause as you say i have proof but i am worried about getting a CCJ because of it.
thank you again i actualy feel a little better
:kisses3:[/QUOTE]
Hi Tracy
They can sometimes send a collector to visit you to negotiate payment.
A collector has no special powers. You do not have to let them into your house.
Explain that you are paying as much as you can and there is no extra money. If you have proof of previous payments, show this to them.
Do not be pressured into paying money you do not have.
Sometimes the creditors threaten they are sending a collector, to try to come to an agreement with you to pay more. It does not always mean they will call, as this incurs extra expense for them.
A bailiff can only visit if you have been issued with a CCJ and you have defaulted on the payments, or ignored the claim and not responded.
The court action could also be a threat, but if they do issue you with a CCJ, you do not normally have to go to court.
If you need further help, do not hesitate to contact us....
Regards
CCCS_SueI am a CCCS Debt Counsellor and have specific permission from Martin to post on these boards to try and help those in debt. Read more information on CCCS in the Debt Problems: What to do and where to get help article. If you find you're struggling with debt and you need further help try our online advice facility Debt Remedy0 -
Yes please if you can PM me with the number.
Thanks
AJ
Hi AJ
Am sending it now
Regards
CCCS_SueI am a CCCS Debt Counsellor and have specific permission from Martin to post on these boards to try and help those in debt. Read more information on CCCS in the Debt Problems: What to do and where to get help article. If you find you're struggling with debt and you need further help try our online advice facility Debt Remedy0 -
Hi miss_ bexy and thank you for your message
As he is in the process of setting up a DMP and these cheques are included in the list of creditors,I would recommend that he rings our client support team and explain the situation to them. They will advise him further.
If you need the number,I can PM it to you.
Regards
CCCS_Sue
I pmd you there Sue, yes please send us the number.0 -
I pmd you there Sue, yes please send us the number.
Have sent it for you.
regards
CCCS_SueI am a CCCS Debt Counsellor and have specific permission from Martin to post on these boards to try and help those in debt. Read more information on CCCS in the Debt Problems: What to do and where to get help article. If you find you're struggling with debt and you need further help try our online advice facility Debt Remedy0 -
Hi jaynemaria and thank you for your message
Creditors do vary when it comes to accepting payment.
The majority are usually happy as long as the budget is realistic, expenditure in the budget is within guidelines , they are receiving regular monthly payments and the term of repayment is reasonable.
Others will continue to pursue you to try and get as much as they can. But if you are on a DMP,then you should not pay them extra on top of your payments to the plan. The whole purpose of the budget is to show how much you can afford to offer each month.
However, they should not be ignoring your request for information.
When you requested the information,did you send the £1 fee? And did you send it recorded delivery and keep a copy for yourself?
You are entitled to request the creditor provides information.
The request must be in writing and accompanied by a fee of £1 per credit agreement. It is recommended that the letter is signed by you and posted first class recorded delivery.
The time limit for the creditor to reply is 12 working days from receipt of the request.
If they do not reply, you should send a reminder after 14 days pointing out that the agreement is now unenforceable and will remain so until the creditor complies with the request.
The agreement remains unenforceable and if it has been two weeks plus one month since the request was made then an offence has been committed. You could consider reporting the creditor to Trading Standards and complaining about the breach of OFT Debt Collection Guidance – e.g. paragraph 2.8(k) (not ceasing collection activity whilst investigating a reasonably queried or disputed debt).
Regards
CCCS_Sue
Hi Sue and thanks for the reply.,
Yes I have sent them the cheque for a £1.00 twice, also all the reminder letters. I have also sent £10 cheque for all the relevant details they hold on me in the hope of getting my CCA, the first time the cheque was made out to the CC company with my account no, this was returned to the bank and not me sayiong it was written to the wrong payee, the second was sent with just the CC company and again this was returned via my bank again saying wrong payee. so I guessed I was banging my head against a brick wall.
When I first had the letter fron the solicitor acting on their behalf saying they were taking me to court, I requested the letter under the dpa asking for all details in time for me to file a defence, I then had a letter from the soicitor ten days later saying they had lost the letter asking for the details and could I send a copy, which I did by recorded delivery (All correspondence has been sent this way) I had a letter stating they would get the documents together and send them to me. three months later and lots of ignored letters they still havent complied with my requests.
I have wrote all this in my defence but whether this will help I dont know0 -
Hi,
I'm having some trouble managing my debts of late. I am just about managing to pay the minimum (though this will improve in around 3 months time) payments.
As I have always paid on time, I have an excellent credit rating but the companies will still be wary because the debt is quite substantial. However, I was hoping to consolidate the debt, with a smaller monthly repayment, making it more manageable.
The problem is that I no longer live in the UK (left on 31st Jan 09) and am therefore, it seems, no longer eligible for new credit.
Is there anyway around this? As I barely have enough to buy food for the month at the moment.
Would greatly appreciate some advice.
Thank you.February wins: Theatre tickets0
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