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sandalwood_2

Hi
Wondering if you can help me,I am in a DMP with payplan at the moment and have send 2 x CCA resuests to MBNA and Abbey for loans I have taken out.
They havent sent them to me whithin the 12 days and then I also sent an account in dispute letter.I heard back from Abbey who said they were sorry to hear of my complaint and will be in touch(delay tatic I think) but no CCA-I would like to know where I go from here-Payplan have told me that they do not get involved in unenforcable CCA's and that I would have to research it myself!!

Any help or advise would be greatly appreciated

rachaelfleur

Hi

I'm currently on a DMP with CCCS which I've only just started. My second payment is due on the 1st August. I have a huge problem, my boiler just packed in and I don't have hot water or heating at the moment (although my heating's not really required just now). The trouble is I've had someone in the look at it and basically I need to replace my boiler. I've had a few quotes for this and everyone has quoted well over £1000. Unfortunately I don't have any insurance for this and my house insurance doesn't cover it. What do I do apart from curl up in a corner and cry? Is it possible to seriously reduce my DMP payments for a few months so that I'm able to replace it? My only other option would be to take a credit plan with british gas, although I'll probably be refused this due to my bad credit rating. I can't ask a family member to help out as my sister's getting married soon and everyone's payed out alot of money for that. Oh god, I really don't know what to do, any advise would be appreciated.

andreap1984

CCCS_Sarah wrote: »

Hi Catcressa,

Thank you for your email.

Creditors often use this as a collections tactic to try and collect the money quicker. If they do decide to ‘take you to court’ they generally mean pursue you for a County Court Judgment (CCJ).If the creditor does go down this route its all done through paperwork and you would offer the same amount as you are already paying through the dmp, so it will always be an affordable amount for you.

I would recommend that you disregard the letter you have received and continue to make the reduced payments

Hope this helps
CCCS_Sarah

Please can someone help me, I have sent a private message last week and no one has responded, I have no one else to turn to and dont know what to do, please someone help

littlegirllost

Hi

Your company sent out my DMP offers to my creditors last week and they
are now calling me asking for a copy of my incomings and outgoing. Is
this normal, do I provide them with that information?
Thanks in advance

alth

I have around £21,000 of debt which means around £540 per month in payments. At the moment I am only able to pay this as I live on credit (I have £450 money available after paying my household bills, mortgage etc) but if I take some money for general spending, food etc it would leave about 250 - so the shortfall is added to my cards. I have been offered the IVA route but am not sure about that. Should I get in touch with my 5 creditors first or do you think it would be better to go straight with the IVA ?? and cancel the direct debits that I have? Any advice would be appreciated. thanks

debtdestroyer007

jaybag wrote: »

Hi
Wondering if you can help me,I am in a DMP with payplan at the moment and have send 2 x CCA resuests to MBNA and Abbey for loans I have taken out.
They havent sent them to me whithin the 12 days and then I also sent an account in dispute letter.I heard back from Abbey who said they were sorry to hear of my complaint and will be in touch(delay tatic I think) but no CCA-I would like to know where I go from here-Payplan have told me that they do not get involved in unenforcable CCA's and that I would have to research it myself!!

Any help or advise would be greatly appreciated

can u post this on the credit card/loan forum and you will get a lot of useful advice there

katkins2

My husband and I have hit a brick wall financially and have decided to opt for a DMP with CCCS but I haven't yet set this up. We have a loan of 16k, a credit card with a balance of 14K along with an overdraft of £550. I have just set up a new bank account for us both to have our salaries paid into but all my direct debits for mortgage, bills etc is with LLoyds TSB who we have the 550 overdraft with. The idea of the new account was an attempt to manage our money better and I have set up a standing order from this account to the LLoyds account to cover the bills on a monthly basis. As we plan to enter into a DMP, I am worried that LLoyds may just take this money I transfer for my bills to settle the overdraft in one go once they become aware of our financial situation. Would they be able to do this? The date they say my overdraft is due for review is Feb 2010.
I would rather not transfer my bills to my new account in an attempt to keep a closer eye on living expenses and sticking to a budget.We would be completely snookered if LLoyds were to use my 'mortgage money' to settle the overdraft.

Any advice gratefully received.

Thanks Katkins2

arneldlayne

CCCS_Matthew wrote: »

Hi there,

Bailiffs are not sent by the creditors as a result of them rejecting payments on a DMP. Bailiffs can only be sent as a result of you failing to meet agreed payments set on a (CCJ) County Court Judgment. Creditors can obtain a CCJ if they reject the reduced offer of payment, but the court will not expect you to pay more than you can afford if you illustrate your financial position. With that in mind, if you get a CCJ and keep up to date with the agreed payments you don’t have to worry about bailiffs.

When selected an option to deal with your debts you have to choose one solution for all your creditors. You cannot choose to do a DMP for some debts and an IVA for others. Even so, if an IVA wasn’t included within your advice booklet as a solution it’s not going to be relevant to your situation.

Your company shares cannot be touched by anyone unless you were choosing to go bankrupt, so don’t worry about this.

Hope this helps,
Matthew.

Many many thanks for that answer, looking through these boards has been a godsend. It's good to know that such a fantastic support network exists.

missjodie

Hi,
I'm a newby and in a lot of debt at the mo.
I've had a look around the forum and haven't found an answer, so sorry if i missed it and am just repeating others!
I've recently been in touch with a company called The Recovery Group. They say that they may be able to get the balance of my credit card wiped as the bank have breached their contract with me. They have done this because they raised my credit limit (more than once, £3k to £12k) without me signing any sort of agreement.
It will cost me a one off fee of £495 to do this (no win no fee, but would keep £60 of the £495 for the initial solicitors letters sent out) as they basically take the bank to court.

Can anyone shed any light on this please, as i cant afford to throw away £495!!! Any help welcome as to whether this is possible.
(The Recovery Group were advertising on a Manchester radio station, so i gave them a call to see what they had to say!!)

Thanks in advance

Jodie

CCCS_Sue

sulmason1 wrote: »

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

Hi sulmason1 and thanks for your message

There seem to be a lot of organisations offering “wipe-off debt” services for a substantial fee. It’s worth noting that consumer credit debts will only be written off, if there is clear evidence that the creditor in question has breached the guidelines set within the Consumer Credit Act. The commercial companies offering to wipe off debts seem to be advertising this to the wider market, without prior knowledge to the individual’s financial situation.
If you are in a position where you think your creditors have taken unnecessary action which breaches the CCA and have evidence that proves so, then you could consider going down the route of disputing the debt through County Court. I would be very careful of any organisation offering such services, especially when they are charging substantial fees with no guarantee of success, when it’s something that you could do for yourself.
My advice would be that if you do feel you have a case where you feel your creditors have breached the CCA, speak to someone who can offer free independent advice, such as the Office of Fair Trading.
More information can be found on the Office of Fair Trading website: http://www.oft.gov.uk/news/press/2008/consumeralert.

Regards
CCCS_Sue