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Ask a CCCS counsellor a question

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  • Thanks Sue but two further questions

    1. How can the information be on his credit file as any agreement pre 1994 would have required his written consent to share his data with CRA's, this wouldn't of happened upon signing the original agreement as there was no such clause at the time.

    2. Where does it state in law that data has to be held for 6 years, I have not seen any law and the CRA's tell me they just state that but they couldn't provide any reference in law? The only data that has to remain for 6years are CCJ's Bankrupcy IVA data etc but not defaults or late payment history.

    Interested to hear from you on these points?
  • I have recently contacted a company that claims that the terms and conditions on some Credit Cards and Loans may be invalid if they were taken out prior to 1996 something to do with the consumer credit act. This company have confirmed to me that their legal advisors have briefly looked at the information I gave them and they think that I have a strong case to claim that these debts are wiped. The company appears to be reputable, however they are asking for approx £700 upfront before they will take on the case. While I am not happy to pay this amount as it is just further debt, I wonder if anyone can confirm whether or not this loophole in the consumer credit act prior to 1996 is true and if there is a way that I may be able to reclaim this money myself.
    Many thanks
  • yellowpinky
    yellowpinky Posts: 128 Forumite
    Hi, this is a specific question really. I have just started to address my messy debts of £38,000, credit cards and overdraft. I'm taking advice and am about to start the process with a view to beginning a DMP. Last month I took out a Pay Day loan which I was going to pay straight back before starting things, but then read here and there about "preferential treatment" and making the other creditors cross. I haven't contacted any of my creditors yet, about to send out "Hold action" letters, but is there any way they would find out if I paid this Payday loan off first? I just wanted it out of the way.
    DMP Mutual Support Thread No 336 - proud to be a number!
    LBM - June 20th 2009
    Total of Horror :eek: - [STRIKE]£39,909[/STRIKE] August 2010 £35,421 :j
    DFD - Feb 2018 (approx). I'll be 47 :eek: :eek: !!
  • Hi, I am looking for some advice regarding my debt. 3 Years ago I got myself in a mess and my debt became uncontrollable, I entered a debt management company and have been paying my debts through them for 3 years. I pay the DMP 15% per month for them pressing a button to send my money, I feel that this money could be going straight off my debt and therefore pay it off quicker. Please can you advise me if it would be more beneficial coming out of the DMP to start paying my creditors myself or entering another dmp such as cccs.
    I look forward to your advice
    C
  • Singleman
    Singleman Posts: 1 Newbie
    edited 10 July 2009 at 11:06PM
    Hello,
    I'm just looking for some advice on the best use of a budgeting loan I've got. I've got an overdraft with the bank of £1000 and every 6 months they review my payments. At the moment I'm paying £15 per month which I can just afford. I've just started getting my pension which gives me a bit more money each week and I'm due for a review with the bank for my overdraft payments. I've also just moved into a council bungalow and have borrowed money off my family to buy essentials for the house but I've no carpets, so I applied for a budgeting loan and got £300. I'm now worried about the bank seeing that I have a bit more money from my pension and asking me to pay a lot more off my overdraft so I am thinking of using the money from the budgeting loan to pay off some of the overdraft. Is this a good idea?
  • fairybex
    fairybex Posts: 68 Forumite
    Hello,
    I need advice, back in October myself and my partner realised we were in serious financial problems and stupidly signed up to a DMP with the Debt Advisory Line who charge us every month, even more stupidly we were given a bank account with 5k overdraft when we started. After nearly a year we have eaten that up and are in trouble paying our monthly amount.
    We've had to move during this time (deposit, moving costs etc) and my partner lost his job so the spending of the 5k hasn't been completely friviously but I now feel letting someone else deal with our debts has meant us just ignoring the problem and therefore making it worse.
    How do we take control back? Can we back out of our dmp and continue either on our own or with the help of someone who doesn't charge?
    I can't believe we've ended up back were we were last october but I want to sort it now realisticly and not with our heads in the sand...
    Sorry for story...
    Wins 2010
    Hoping for one!
  • larzie30
    larzie30 Posts: 233 Forumite
    Part of the Furniture Combo Breaker
    Hello All

    Probably a bizarre question but I like to be as prepared as possible. Due to a marriage breakdown and my ex just basically doing a flit and not paying any joint loans etc, I am in financial difficulty. This has been going on for over 2 years now. I have a couple of questions re IVA as follows:

    1) can my solicitors bill (3000) be included in IVA
    2) do my credit union loans through work have to be included in IVA
    3) How much do CCCS charge for the IVA
    4) and this is a big one. Currently live at home with mum and dad, want to live with my new partner and within about 3 years start a family (am 32 and have already been through the pain of IVF so I know how important the biological clock is and it doesn't wait for you to get into a good financial place) so my question really is if i fell pregnant half way through a 5 year IVA would they reconsider my circumstances (less pay etc) or would I just be expected to keep up the payments by hook or by crook?

    Hope someone can help.

    Thanks in advance.

    L
    Bankrupt 10.50hrs 27th August 2009. Big fan of this forum because people are so helpful.
  • heatherks
    heatherks Posts: 854 Forumite
    CCCS_Sue wrote: »

    You need to send the offer to whoever has the debt at the time you make the offer.

    I will PM you some information on full and final settlements and a sample letter you can use.
    The important thing is make sure you get the agreement in writing and that they agree to settlement in full.

    Regards
    CCCS_Sue
    hi, if possible could you email me imformation on this as well or link to the page on cccs website ...had a look on website but couldnt find it thanks
  • workingatit
    workingatit Posts: 33 Forumite
    edited 13 July 2009 at 9:36AM
    Hi,
    One of my creditors a DCA has been phoning about every few month offering us a F&F settlement, they have now made an F&F offer of £1237 to pay off a loan of £5489 which is great. but we obviously don't have that kind of money, they even offered let us pay it over 6 monthly payments!
    This got me thinking....
    We have been on a DMP for 3 yrs now never missed a payment, 3 of my creditors are now down to just over the hundred pound mark, would it be possible for me to offer them a reduced F&F settlements to clear them and thus freeing up more money for the others? I thought as each creditor got down to a point where I could afford to offer an amount to clear them I could get my debts paid off quicker.
    So am I allowed to do this? and cover the reason with saying it was the wrong balance given at the beginning so the other creditors won't know that its a reduced F&F?
    Any advise would be appreciated or if anyone has done this before could give me feedback?

    Thanks
    W :-)
    PaD - £10
  • Lady1
    Lady1 Posts: 2 Newbie
    Hi there,

    Not my problem as such (but it is worrying me I can't sleep!!), but wondering if there is any advice out there! My parents have a loan on which they have defaulted on for quite a few months and are now being threatened with reposession of their house. They are due to go to court in August.

    They are both self employed, running their business together but my dad has been quite ill in the last few months and with hospitals appointments nearly every week they haven't been doing so well.

    My mum has agreed payments with the couple of credit cards she has, explained about my dads ill health and they have been really good. So was the loan company, they agreed a payment plan with my mum but have now gone back on it and are saying they want to repossess the house.

    I'm wondering how likely will it be that they will actually take the house? Will any considerations be taken in court to the fact they were willing to try and agree a payment plan? Surely reposession is treated as a last resort? And also are IVA's available for the self employed or are these something to completely stay away from?

    Thanks in advance. Hope someone can help!
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