Ask a CCCS counsellor a question

Lennie_2

Hi I had an interview on Monday with a CCCS counsellor, i was advised that a DMP would be the way to go, am waiting for information to come through the post from that

The thing i'm really worried about is i have two high interest loans from Provident who i've not missed a payment on so far, this is to be included in my DMP but the agent calls at my house and i'm not really sure what to say to her.....i'm hoping that once they get the letter that they will stop agent from calling

I have two credit cards, two catalogues plus the above loan which is going to be included in the DMP, i'm just worried/nervous that they're not going to stop interest payments/charges etc and i'm never going to pay them off..compared to alot of people here i don't owe a massive amount about £3500, but to me it's alot considering how much money that i have coming in it's alot

I'll be glad when it's all in motion think i'm just worrying alot about everything at the moment

Lennie

CCCS_Sue

katcot wrote: »

Hi I wonder if anyone can help me please.

I have been taken to court by Link Financial (a debt incurred from GE Money who sold it on). I wrote to the disputing the amount owing and making an offer to pay monthly (by the way this was after GE Money failed to reply to the CAB people who were trying to come to an arrangement with them on my behalf).

I met the deadlines and the court acknowledged receipt on the 22nd October 2009. However Link Financial subsequently failed to meet the deadline set by the court and to date I have not heard anything at all. I telephoned the court and the man I spoke to said that after a period I may be able to have this "set aside".

I don't know how to proceed on this and would be grateful for advice.

TIA
Kat

Hi Kat and thank you for your message

To have a judgement set aside, you need to ask the court for an N244 general application form. Include the claim number of the case and details of the creditor or ‘claimant’ and the reason for your request to set the judgment aside. The costs are currently £40 without a hearing and £75 with a hearing.
Fill in the form and sign the statement of truth on the bottom of the form and return the form back to the court. You should remember to keep a copy of the form for your records and send the form recorded delivery.
The case will be transferred to your local county court for a hearing. This hearing will take place in private with a DJ in the judge’s chambers.
In some circumstances the court can decide to allow the application without the need for a hearing. If this happens, you will hear back from the court that the judgment has been set aside.
The court will take into account how quickly you made the application and may want to know the reason for any delay.
Regards
Sue

katcot

Hi Sue
Thanks for your reply.

I just need to clarify the fact that an actual judgement did not take
place as Link Financial has failed so far to contact the court. Do I
still need to follow your instructions and use the words "setting the judgement aside"? I did admit to owing about £5,000.

I just looked up my notes and the gentleman at the court used the
wording 'apply to strike out the claim'.

Sorry this is so woolly.

Kat

CCCS_Sue

JimCha18 wrote: »

CCCS_Sue wrote: »

Thnakyou Sue,

What you have told me is very helpful!

Is there any other complications in the agreement or any other small details that can make it unenforceable?

What range of acts and legislation could potentially prove loopholes?

Many Thanks

If you do feel you have a case where you feel your creditors have breached the CCA,I would recommend that you speak to someone who can offer free independent advice, such as the
Office of Fair Trading.

I have attached a link to Consumer Direct which you may find useful. http://www.consumerdirect.gov.uk/

Regards
Sue

CCCS_Sue

kaz0705 wrote: »

Hi,

This is the first time I've really considered seeking advice on debt and admit it's entirely my fault.

I have 3 creditcards and meet the minimum repayments on each. However, I have now maxed out 2 and the repayments (and occasion charge for going over the limit) are starting to increasing to high amounts.

Worse, I've do a calculator online that suggests it will be 25years before i pay off my debt with my current minimum repayments!

In an ideal situation I'd like to close all my cards and just pay them off but i assume if i call to ask the companies to freeze my account, they'd want me to pay off the outstanding amount. Can this be done and would CCCS be able to help with this?

Also, if they are able to do this, what affect would it have on my credit rating?

It's incredibly frustrating because if i was able to get a loan, i could consolidate these cards, not affect my rating AND- most importantly- be debt free in 3 years!

I know i need to speak to someone but am at work so can't call and am worrying about it!!

Many thanks,

Kaz

Hi Kaz and thank you for your message

It is difficult to give you detailed advice on your options without knowing your full financial situation.
It is not always a good idea to take out further loans to pay off debt as you could increase the amount you owe with all the extra interest added. In order for us to be able to provide you with advice on your financial situation you will need to either use our online advice facility Debt Remedy, or ring our free Helpline to book a telephone appointment with a counsellor.

Debt Remedy will assist you in completing a financial statement which includes information on your household, employment, income, expenditure and debts. All this information is used as a basis to determine the options available to you to deal with your situation.

Once you’ve followed the process through and completed all the required information you will immediately be presented with an advice booklet, which will provide tailored advice for you based on your current circumstances. It will also provide advice on ways you may be able to improve your situation. If you would like to get immediate advice on your situation, follow the link to go directly to Debt Remedy: http://www.cccs.co.uk/ref/drcu

Alternatively 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. If you do decide to call us, please have details ready regarding your income, expenditure and creditors, as this can help speed up the referral process. If you have all of the necessary information ready, it may be possible to refer you directly to a counsellor for immediate advice. Alternatively, we will arrange for an appointment to be booked at a time convenient for you.

Regards,
Sue

CCCS_Sue

katcot wrote: »

Hi Sue
Thanks for your reply.

I just need to clarify the fact that an actual judgement did not take
place as Link Financial has failed so far to contact the court. Do I
still need to follow your instructions and use the words "setting the judgement aside"? I did admit to owing about £5,000.

I just looked up my notes and the gentleman at the court used the
wording 'apply to strike out the claim'.

Sorry this is so woolly.

Kat

One of the reasons the court can strike out a claim if there is a failure to file documents on time, as in your case.
Strike out means that the Claim process ceases but can be re-instated if there is good reason.

I would contact the court for further advice on how to proceed with this.
Regards
Sue

katcot

Thanks Sue

I wonder...what would happen if I just continue to ignore the
whole thing. Or should I start paying them the monthly amount of
£85 I had offered even though the dispute between what I say I
think I owe and what they claim for has not been agreed or set by
the court.

Kat

kaz0705

Thanks Sue, I'm going to go through the debt remedy now and call on my lunch break.

Squirrel_Jo

Debt is £8000. At present i am facing redundancy, i am struggling to get by and the whole thing is making me ill. I failed my IVA eight months ago so i believe they have brought some of my debts. I want to know what it is and what it is for so I was advised to send a CC request.


Fairfax have been a nightmare to deal with. They are very rude and bullish on the phone. They never answer my questions and always send out generic, vague letters.




I sent Fairfax solicitors this CC Request on 11th January 2010 (recorded delivery)


Dear Sir/Madam

I do not acknowledge any debt to your company or its clients.

With reference to the above agreement, I require you to supply the following documentation before I will correspond with you further on this matter.

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement, under the legislation contained within s.78 (1) Consumer Credit Act 1974.

2. A full statement of account.

3. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

4. A copy of any other documents referred to in the agreement.
I understand that under the Consumer Credit Act 1974 (Sections 77-79), I am entitled to receive a copy of my credit agreement on request. I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

Please note that under no circumstances should this payment be set aside any alleged debt. If you are unable to supply the documentation requested, this fee should be returned.

I understand a copy of my credit agreement should be supplied within 12 working days.

I understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

I look forward to hearing from you.
Yours faithfully



THERE RESPONSE since then is to :

• Call me at work (never given my work number and i could lose my job as not allowed personal calls) ask them to not call me at work.

• They called me at 8am the following day at home. I asked them to write to me with regards to the CC Request, the women put the phone down.

I received a letter yesterday from them:


You have failed to make repayment as requested in connection with the outstanding debt. Please note that our instructions are now to continue further action. We now, without further notice issue proceedings through the court or alternatively, instruct a local collection agent, who will attend your address to arrange repayment.


Should you wish to avoid such steps becoming necessary, please ensure that you now respond by return of post to this letter.



So what next. Are they alowed to do this. Looking on the internet I believe I am to send this letter next.


Dear Sirs,

I refer to my letter dated 13.01.2010 in which I made a formal request under the Consumer credit act 1974 sec 77-79 for true copies of the regulated agreement referred to in the above account number. You are reminded that you are obliged to supply these under sec.189 whether you are the original creditor or not. I also enclosed the statutory fee of £1.00 for this account.

To date you have failed to comply with my statutory request and have defaulted in respect of this account. Additionally this alleged agreement is unenforceable until such time as the default is removed or enforced by a court of law. It is a further offence to attempt to enforce this alleged agreement until such time as the default is removed.

Consequently I am ceasing all payments to your company until such time as this matter is resolved. It is also my intention to report this matter to the appropriate enforcement authority.

I await your prompt response.


At present i feel they totally ignoring anything i say and just want to be as difficult as posssible. I want to make a formal complaint about the way they conduct themselves. I am trying to deal with my debts. If this was a year ago i probably would of thrown myself under a bus, but i am stronger now through help from forums like this. THank you.


Any help is greatly appreciated. x

CCCS_Sarah

mollie123 wrote: »

I wonder if some one could give me some advice please.

I have a DMP set up through the CCCS, have a total of £8,000 left to pay off and I've now reached the point where my monthly payments are above the minimum re-payment figures. This was set up after I obtained a mortgage and bought a house with my partner – he is unaware of my financial difficulties.

To cut a long story short, he now wants to arrange a new mortgage with a different lender.

Will it ever be possible for me to get another mortgage and how will his credit rating be affected for the future if we do manage to get another joint mortgage? He currently has an excellent credit rating.

Also, if both our names are on the property deeds do we need to have a joint mortgage or would it be possible for him to apply for a sole mortgage?


This is really worrying me - I know he wants to switch mortgages to try and save money every month, but I scared about admitting how stupid I've been in the past.

Many thanks for any advice you can give.

Hi Molly,

As your credit file will be damaged this would make it more difficult to get a better rate on a mortgage. You would really need to contact a mortgage advisor to see if it would be possible just to get it in your partner’s name. We could refer you through to a broker to get some quotes if you like? If you give our client support number a call they will give you the relevant number.

Hope this helps
Sarah