Ask a CCCS counsellor a question

MurrayMint

Hi,
My biggest creditor advised me recently that they were about to sell on the debt, as our payment levels were too low (we've been on a CCCS DMP for 18 months), but before they did they were offering us the chance to make a short-settlement. We've since negotiated a great figure of 35% of the balance, which my kind Dad has agreed to pay for us. I am desperate to go ahead, as this will reduce our DMP by nearly half. However, what is CCCS' stance on this? I realise that all monies should be split equally amongst creditors, but this money is only available for the purposes of obtaining this saving. Will we be allowed to continue on our DMP with the CCCS. Also, do you know how the other creditors will react? Their monthly payment amounts will increase, as half the debt will be gone, so maybe they'll be happy? On the other hand, they might think we have funds hidden away and pursue us more readily...?

Help....!

niceguy_uk

Hi

Can someone answer this question for me. If a debt collection agency is pestering you over a debt but ur unemployed. Do they have to accept what you can AFFORD or propose to pay, or can they still demand over the odds repayment, or still say they will send debt collectors etc.

Thank

Digitalscooby

It has taken some time to set up my new basic bank account (due to the bank losing the first lot of forms). Anyway, that is now done and both our December salaries will go into it. All of the key direct debits have also been moved over.

I have completed the National Debtline DMP forms and will send them back tomorrow. They will refer us to CCCS. In the meantime we have 4 creditors (all ccards) who have not been paid this month and who I cannot afford to pay anything to until next Monday (payday). I haven't written to them with token payments because it has taken time to get the account in place and I didn't want to jeopardise the money we do have left in Lloyds (two of the ccards are with them).

My question is this - I know it takes time to set-up the DMP payments but how quickly will CCCS send initial letters to the creditors? If they will write before Xmas (say) then do I need to write as well?

I am happy to speak to the creditors on the phone if they ring me (apart from the one that rang me at work last week!).

DS

CCCS_Sue

detadnuni wrote: »

I'm brand new so please forgive any poor protocol, but I've been reading some of the messages about CCA & I have spent 3 months on the CCA/ Debt dealing subject as am seriously (50K) in trouble am still 110% living the nightmare, but am paying reduced to most now short term and extremely briefly I have three creditors (out of eleven), in particular one said basically the "original"debt was pre 1985 so we don't have to provide it end of story & here's a solicitors letter for the balance, one other has ignored requests for three months and still does and another has just replied with - we don't have an original but here's a "current one" and "my advisors" have just told me - infact all three are ok? and I have to accept it or take them to court - although I was earlier told "not to be fobbed off with a generic copy it has to be blah! blah! blah! so when I read people saying no CCA = unenforceable I am more and more confused? can you please clarify exactly what is acceptable as a current copy is not a "true" or in any way example of the "original" - but I'm now told it doesn't really matter really???? I am very confused when I see messagaes quoting what I've heared before about "unenforceable without a "true copy of the original agreement" can you please clarify the thanx

Hi detadnuni and thank you for your message.
The main reason for requesting a copy of the CCA would be if you were being asked to repay a debt you did not owe, or if you disagreed with the amount being requested.
It can also be used if you want to prevent enforcement action starting or stop enforcement action already taking place.
It is not a way to write off debts you know you owe.
You can ask to see a copy of the original agreement as well as a statement of any transactions.
Creditors have a legal requirement under the Consumer Credit Act to supply this information.
If the creditor cannot provide the information or prove that you owe the debt they cannot take any enforcement action against you. It does not mean that the debt is written off.
I have attached a link to the Consumer Credit Act which will give you further information on pages 25 to 28 click here.

Regards
Sue

cutters_choice

To whom it may concern, i just got a letter from this agency claiming that was owing 475.02 from o2 in 2001 i tried to speak to 02 but kept passing me back and forth.I was in a contract with o2 for 2 months i cancelled it because i was promised i could use the phone abroad in my mins as soon as this was not the case i brought the phone back and cancelled the bank as well, i treid to explain that the person who sold the phone to me was not in any time i called in to the shop i tried again and again but to know avail and without any form of comuncation i started getting letters for this company red i explained this to them and they said they would investagate this and left it at that as i moved to ireland and heard no more, now 8yrs this has come up come up again i phoned them and explained and ask them to send out all the paper work i am still waiting,what do i do now or how do i stop these guys from hassleing me.

Digitalscooby

Finally got confirmation of the new bank account (bank lost the first set of forms) and have directed our December salaries into it. Huge relief!

We have filled in the National Debtline DMP forms and will send them this evening.

I haven't yet written to the creditors. I can't actually send them a token payment until after I get paid next week and I didn't want to write to the TSB creditors until I had moved the account in case they just took what little cash we have left.

Quick questions. I know it takes while to set up the DMP payments but how quickly do CCCS send letters to the creditors? Is there an initial introduction letter (can't pay full amount /please stop interest/payment to follow)?

If so, are these likely to happen in the next couple of weeks (assuming the form I sent in is OK). If they are, do I still need to send the holding letters next week myself?

Thanks

DS

CCCS_Sue

blurayaddict wrote: »

hi i wonder if you could help me with this query i have,when first setting up my DMP with cccs just before december i was told i was too late to start my first payment in dec so jan 1st would be my start date,so when i got the welcome pack i sent the notication of dmp plan to each of my creditors as starting in jan,but cccs have made mistake by sending my creditors also letters saying i am starting in december,,i have had letters back from some of my creditors saying they have accepted my DMP with yourselfs and most have frozen interest,,,but with them not getting payment in december now will they play hard ball now ,you see i just don't want to rock the boat so to speak with them considering they have frozen interest and expecting december payment----thanks for your help

Hi blurayaddict and thank you for your message

I would recommend that you call our client support team and explain what has happened and they will advise you further.

Regards
Sue

CCCS_Sue

MurrayMint wrote: »

Hi,
My biggest creditor advised me recently that they were about to sell on the debt, as our payment levels were too low (we've been on a CCCS DMP for 18 months), but before they did they were offering us the chance to make a short-settlement. We've since negotiated a great figure of 35% of the balance, which my kind Dad has agreed to pay for us. I am desperate to go ahead, as this will reduce our DMP by nearly half. However, what is CCCS' stance on this? I realise that all monies should be split equally amongst creditors, but this money is only available for the purposes of obtaining this saving. Will we be allowed to continue on our DMP with the CCCS. Also, do you know how the other creditors will react? Their monthly payment amounts will increase, as half the debt will be gone, so maybe they'll be happy? On the other hand, they might think we have funds hidden away and pursue us more readily...?



Help....!

Hi MurrayMint and thank you for your message

Each case is looked at individually and I would suggest that you ring our client support team and discuss this with them, and they will be able to advise you further.

Regards
Sue

CCCS_Sue

niceguy_uk wrote: »

Hi

Can someone answer this question for me. If a debt collection agency is pestering you over a debt but ur unemployed. Do they have to accept what you can AFFORD or propose to pay, or can they still demand over the odds repayment, or still say they will send debt collectors etc.

Thank

Hi niceguy_uk and thank you for your message

You cannot pay money you do not have.
If you have put together a budget showing the creditor your income and expenditure and you are paying them as much as you can realistically afford, then you should stick to this payment.
The creditor does not have to accept this, and they do not have to agree to stop the interest and charges, but keep the payments up anyway, even if you can only afford a £1 token payment. Do not be pressured into paying more than you can afford.
They sometimes threaten to send collectors to try and get more money from you.
A collector is not a bailiff and has no special powers.

If you would like some help and assistance putting together a budget and you need any further advice, you can ring our free helpline on 0800 138 1111.
Lines are open from 08.00 until 20.00 Monday to Friday.
Alternatively 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.

Regards
Sue

Digitalscooby

Finally set up our new basic bank account.

Filled in the National Debtline DMP forms (they will refer us to CCCS). Posted this evening.

Can I ask a question about timings? I know it takes a while to sort out the plan but how soon after approving the application do CCCS write a letter to the creditors? I ask because I haven't done so yet.

I didn't want to risk the little money we had in the old account (our biggest creditors are that bank).

I could write next week (after payday, when I will have money to make token payments) but do I need to do this if CCCS are going to?

After feeling so positive the last few days have been a huge stress. Just gathering the data and realising the size of the debt has been a real downer. I feel a bit panicky now to be honest and just want some help asap - I suppose along everyone else:-)

DS