Ask a CCCS counsellor a question

CCCS_Sarah

westmids wrote: »

hi all... help needed if possible.. i am in debt with a credit card and catalogues.. i have been down the route of requesting a cca.. and am in no luck , they are being really tough.. i dont know what else to do ...do i get in touch with them and offer token payments ( some have refused a £1 payment before) or do i apply for a dro.. however i think i am not eligable with regards to money left over at the end of each month.. i am a single mom of a 12 year old and a 6 year old on income support and child benefit.

It’s difficult to give you detailed advice on your options as we don’t have your full financial details. However you can visit our online debt advice facility called Debt Remedy. Debt Remedy would assist you in completing a financial statement and you would be provided with tailored advice on the best way to deal with your situation. Click here to go directly to Debt Remedy.

If you would prefer to talk to a debt counsellor about your situation, 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

CCCS_Sue

Esteban1 wrote: »

Hi Sarah

My wife has suddenly been told by her employers that she was on zero pay from 1st June following a period of long-term sickness and got paid nothing for July, meaning that half the household monthly income has been slashed. She has gone onto a DMP with PayPlan but we still are going to struggle this month to pay priority debts such as the motgage and bills. Last month was a struggle for us and I missed a payment on my credit card, which is also over the credit limit as a result. I paid £10 as a good-will gesture and to ensure that the payment wasn't totally missed, and agreed with the company to go onto a short-term payment plan of £139 for 3 months to bring it back into line, which at the time I thought I could do. Because of the situation with my wife's wages, I'll not be able to do this this month - do you have any suggestions as to how I can negotiate with the credit cared company to try and get some flexibilty (if this is even possible?) I don't want to go onto a DMP myself just yet as by September things should have resolved now that my wife is back at work. Any help or advice greatly appreciated.

Hi Esteban and thank you for your email

First of all, you need to put together a budget showing your income and expenditure. This will show what you have surplus after paying all your priority debts. This is the amount you can offer to your non priority debts.
You need to work out on a pro rata basis what to offer each debt. Then send a copy of your budget along with a list of any other creditors you owe money to and make regular monthly payments whether they accept or not. You cannot pay them money you do not have.
If there is no surplus after paying your priorities, then offer them a goodwill gesture of £1 token payment until your situation improves.Do not be pressured into paying more than you can afford.
If you would like further help you can ring for an appointment 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_Sue

CCCS_Sue

roni08 wrote: »

Thank you for replying Sarah. I do make my payments as I should, but as the rolling 4 weekly system means that all payments are made to creditors on a different date each month it will still mean that this company can one month turn round and say that they have not received their payment on the due date.

This being the case won't they legally have the high ground if they take this matter to court? I will be able to prove that I have made my DMP payments regularly but if I haven't stuck to their requirement of payment by the date they have stipulated surely they can use this as leverage should it go to court to get a CCJ? I have to be very careful as I own a house with a lot of equity in it and the obvious course that they are heading towards is a Charging Order. This is very worrying as I want to make sure that I protect my property as best I can.

Hi roni08

As you have defaulted on the original agreement you signed for, your contract is already broken, so the payment date is irrelevant. They may be using this to try and get you to pay more, though the creditors can take further action, even if you are on a DMP.

The important thing is that you are keeping up with your payments.

Regards
CCCS_Sue

roni08

CCCS_Sue wrote: »

Hi roni08

As you have defaulted on the original agreement you signed for, your contract is already broken, so the payment date is irrelevant. They may be using this to try and get you to pay more, though the creditors can take further action, even if you are on a DMP.

The important thing is that you are keeping up with your payments.

Regards
CCCS_Sue

Thank you Sarah. You've been very helpful.

crowman19

Hi

I'm new here and am in desperate need of some advice please.

I have got myself in quite a bit of debt and need to get it sorted. I am going to phone CCCS on monday to discuss my situation. I was reading last night that a forum posting saying how there worries decreased after speaking with CCCS.

They also said that they were advised to offer a token payment to their creditors until they had fully reviewed their case with CCCs. I am being chased by telephone by a company a have a loan with but had to cancel their DD yesterday because I couldn't afford it.

My question is should I wait until after I have spoken with CCCS ? or tell them that I am going to be discussing my situation with CCCS and offer them a token payment now to keep them happyish/in the picture ?

Thanks


Jason

Goodtimesahead

All should challenge the CRA's about data that is held on your credit file for 6 years (execpt CCJ's & Bankruptcy data), there is no law stating this, they can't confirm this and just say they are governed by the ICO lol!

Anyway....help could be on its way!

Limitations Act


A person with a civil claim loses their right to action if they do not sue within a specified period of time – the “limitation period”. Current limitation periods are generally 6 years for unsecured debts and 12 years for land and money secured by mortgage. Proposals to change limitation periods and make them more coherent have been around for some time.
The major current law on limitation is within the Limitation Act 1980, which sets out different limitation periods for various rights of action. The Law Commission reviewed the Act including issuing a consultation paper “Limitation of Actions” in January 1998 which described its provisions as “unfair, complex, uncertain and outdated”.
The Law Commission’s final report “Limitation of Actions” printed in July 2001, recommended adoption of a “core regime” featuring an initial limitation period of 3 years with a “long stop” of 10 years running from the event which gives rise to the claim (e.g. default) in most cases. This recommendation remains under consideration and may be presented in a draft Civil Law Reform Bill to be published later this year, at least in respect of unsecured debt.
There is an argument that because communications today are much faster than in the past there is no longer the need for such lengthy periods to enforce claims. Another theory is that there could be general economic benefits from encouraging creditors to pursue debts and recover money more quickly at present. However many participants in the lending industry are naturally concerned at the prospect of reducing limitation periods, especially as it would provide less time to trace the many debtors each year who decide to move on without telling lenders in an attempt to “lose” their debts.
It is concerning especially in the current economic climate that changes could put pressure on lenders to act more quickly to protect their right to action than they might otherwise do. This runs counter to exhortations from government and regulators for lenders to show forbearance to debtors in financial distress, such as the “breathing space” agreements where debtors are suspended from collection activity while they liaise with debt advice agencies to draw up a repayment plan.
Meanwhile, the prospect of less scrupulous debtors evading debts more easily than was formerly the case seems to strike a poor balance next to calls on the industry to lend responsibly and treat customers fairly. Responsibility in lending must be matched with responsibility in borrowing – not just when the credit agreement is signed, but throughout the course of facilities. If this principle is not upheld it risks creating new pockets of financial exclusion amongst those consumers statistically classed as a “flight risk”.

mumisworried

Hi Sarah

My son is in a terrible mess with debt. He was offered 4500 on his 18th birthday. He was earning under 400/month and a full-time student. Halifax gave him the loan but a year later he has defaulted on the payments and it has now been given to a DCA. With the charges and interest the debt is now over £8000. He has been to CAB and he has done his budget and they have suggested offering £1 a week. We have asked 4 times for a copy of the loan agreement - when he phoned today ALBION COLLECTIONS told him they couldn't comment because another DCA (Blair and Oliver) are now in charge of the case. My question; is a loan legal if there is no signature. Halifax phoned him and told him he could have the money by the end of the day - he never signed an agreement. I can't believe they can offer this to a student

CCCS_Sue

crowman19 wrote: »

Hi

I'm new here and am in desperate need of some advice please.

I have got myself in quite a bit of debt and need to get it sorted. I am going to phone CCCS on monday to discuss my situation. I was reading last night that a forum posting saying how there worries decreased after speaking with CCCS.

They also said that they were advised to offer a token payment to their creditors until they had fully reviewed their case with CCCs. I am being chased by telephone by a company a have a loan with but had to cancel their DD yesterday because I couldn't afford it.

My question is should I wait until after I have spoken with CCCS ? or tell them that I am going to be discussing my situation with CCCS and offer them a token payment now to keep them happyish/in the picture ?

Thanks


Jason

Hi Jason and thank you for your message

It is best to keep them informed of what is happening, so you should let them know you are waiting for an appointment with us, and if you have not made a payment for this month, offer a token gesture of what you can realistically afford, even if it is just £1.

You did right to cancel the DD if you were struggling.
Just make sure you keep up with all your priority bills.

Regards
CCCS_Sue

CCCS_Sue

mumisworried wrote: »

Hi Sarah

My son is in a terrible mess with debt. He was offered 4500 on his 18th birthday. He was earning under 400/month and a full-time student. Halifax gave him the loan but a year later he has defaulted on the payments and it has now been given to a DCA. With the charges and interest the debt is now over £8000. He has been to CAB and he has done his budget and they have suggested offering £1 a week. We have asked 4 times for a copy of the loan agreement - when he phoned today ALBION COLLECTIONS told him they couldn't comment because another DCA (Blair and Oliver) are now in charge of the case. My question; is a loan legal if there is no signature. Halifax phoned him and told him he could have the money by the end of the day - he never signed an agreement. I can't believe they can offer this to a student

Hi mumisworried and thank you for your email

They should be able to provide you with a signed copy of the agreement, as even though it was done over the phone, he should have received the offer in writing and a credit agreement to sign and a cooling off period in which to cancel the loan.
I would recommend that you send the attached letter to Blair, Oliver with the fee of £1 if you have not already done so.
Send it recorded delivery and keep a copy for yourself

Without Prejudice

Dear Sirs

Ref …………………………………….

With reference to the above account:

Please will you send me a true copy of the original signed agreement together with an up to date statement of the account showing all transactions, including interest and charges, and a copy of any other document referred to in the agreement.

I understand I am entitled to this information under ss77-79 of The Consumer Credit Act (CCA) 1974.

I also understand that this information should be sent to me within 12 working days of you receiving this letter. The CCA states that creditors are unable to enforce an agreement until this request is complied with.

I am enclosing the £1:00 fee, payable under the Consumer Credit Act 1974, for each account.


Yours faithfully

If they do not reply within 12 working days, then you can send the follow up letter. Whilst the debt is in dispute, they cannot enforce the debt.



Postcode:
Date:
CCCS Client No:
To:
Creditor’s Name:
Account/Agreement No:

Without Prejudice

Dear Sirs
With reference to the above account
I wrote to you on (date) requesting a copy of the above agreement together with the relevant information under Section 77-79 of the Consumer Credit Act (CCA) 1974. I enclosed the £1.00 fee. This letter was delivered and signed for on (date).
I have not yet received the information requested.
The Consumer Credit Act allows 12 working days for this request to be fulfilled. The 12 days ended on (date*) and you are now therefore in default of the CCA.
As you are probably aware this debt has now become unenforceable by law.
May I also remind you that until you produce the agreement and therefore show you have my authority, you cannot pass information to a credit reference agency without my permission.
This situation will remain until you either provide the requested information or a further 31 days expire. The date for this will be (date* + 31 days). At this stage, you have committed an offence and can be reported to Trading Standards .

Yours faithfully,

Regards
CCCS_Sue

MyopicMoo

Hi,
I'm new here but have rather a big problem (or rather a series of vile ones). I have looked at our finances and, after rent, living expenses and priority debts, we have about £440 to pay towards debts.

Problem 1 - we owe council tax arrears, should most of it go to them or can we pay token amounts to our other non-priority debts?

Problem 2 - our landlord is intending to sell up, we have not had notice yet but will need to save for a deposit and moving costs. This would mean paying less to the council tax arrears - can we do this? We would need to save about £1450 plus moving costs.

Problem 3 - the real big one. My OH is under threat of redundancy, he will find out in the next few weeks. Obviously if this happens our income won't cover our outgoings let alone anything else - what can we do (either to prepare or if the worst comes to the worst)?

Thanks
MM