Ask a CCCS counsellor a question

CCCS_Sarah

grazyme wrote: »

Thankyou sue,I have sent them a letter asking them why they have asked for these documents especially as a plan is already in place and none of our other creditors have requested these documents and continued to agree the plan.What should i do if they write back asking for thses documents again though i don't mind sending proof of my benefits as the debt is in my name but not happy about sending bank statements or my husbands proof of income etc.What could they do if i refuse to send them.

You don’t have to justify yourself to the creditors or send them bank statements etc I have attached a link to the CCCS that explains the collection process in detail for you.

https://www.cccs.co.uk/InfoCentre/EnglandandWales/Creditoraction/Debtcollectionprocess.aspx

Even if the creditor says they are not accepting the payment, send it anyway as they will knock it off the balance.

CCCS_Sarah

Lennie wrote: »

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

Hi Lennie,

Thank you for your post.

With regards provident, you could try contacting their head office and ask them to stop the agent from calling and just explain that you are going on a DMP. If the agent calls again, just advise them that you are going on a DMP and the CCCS are in the process of sending proposals.

I have attached a link to the CCCS website for you to read through for information on interest and charges https://www.cccs.co.uk/InfoCentre/EnglandandWales/Creditoraction/Chargesandinterest.aspx

Have a read through and let me know if you have any other questions.

CCCS_Sarah

tedsd wrote: »

Hello and thanks for your replies. Another quick question, I've sent my token payments and all has gone quiet today... at the end of December I promised a creditor, before I spoke to yourselves that I would clear an old debt with a £95 balance by the nd of Jan... I could still just about manage that but don't know if I'm allowed to? I feel bad as I've spent years clearing this debt and don't want to say right at the end ' I'm now experiencing difficulties' can't pay and it will take 7 years to now pay off the final £95... appreciate your advice...

My other question is re my rent which should have been £450 but I managed to knock it down to £390 years ago for a 3 bed house, landlady agreed if I went halves with her eg spent approx £30 monthly to keep the garden and decorating etc in the well kept state I found them in and fixed small problems etc myself. This suited me back then and saved me money but where do I stand when I eventually come to fill in an SOA... don't want to go back to paying £450 if garden gets shabby but how do I account for the £30 as it is a bit steep... I can keep it up to date for about £15 monthly...garden has huge trees that I can't cut myself so get someone in 3 times a year and I decorate 1 room a year... not sure if all that makes sense..?

Hello,

I would recommend that you just pay what you can towards this debt as a token payment, if you were to clear this it would be treating this creditor more favourably than the others and they are all the same so you must treat them equally.

With regards your house - I think I’m with you, so your rent is £450 reduced to £390 on the condition you keep the house looking nice. So the way I see it is, really your rent is £420 or £390 rent £30 service charge… as long as it’s a legitimate cost you have nothing to worry about.

CCCS_Sarah

Squirrel_Jo wrote: »

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

Hello,

Thank you for your post.

With regards the phone calls you need to ask them to remove the number in writing as soon as possible. You could quote the Debt Collection Guidelines (Section 2.2g)

I have attached a sample letter below that you could use; it’s along the same lines as yours.

Hope this helps

Example letter – request for creditor information when creditor has failed to supply documents

From:
Name:
Address:
Postcode:
Date:
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 will have committed an offence and can be reported to Trading Standards.
Yours faithfully
(Print name)

Squirrel_Jo

Thank you so much for your swift response. I will post this today.

Can Fairfax send people round my house to clooect money, if they do what do i say to them.

I rent my property, I don't own anything, i have no savings, I dont own a car.

x

CCCS_Sarah

Squirrel_Jo wrote: »

Thank you so much for your swift response. I will post this today.

Can Fairfax send people round my house to clooect money, if they do what do i say to them.

I rent my property, I don't own anything, i have no savings, I dont own a car.

x

I have attached a link to the CCCS website that explains the collection process for you.

https://www.cccs.co.uk/InfoCentre/EnglandandWales/Creditoraction/Debtcollectionprocess.aspx

If a collector does come to your house then you don’t have to let them in, and they are not a bailiff so they can’t take anything. Just politely ask them to leave.

mtd-142128

Hi All
I have moved over to CCCS - best move ever!!
My Question is - Can I look into reclaiming PPI etc when a debt has been sold to DCA
Thanks T

CCCS_Sarah

mtd-142128 wrote: »

Hi All
I have moved over to CCCS - best move ever!!
My Question is - Can I look into reclaiming PPI etc when a debt has been sold to DCA
Thanks T

You could look at reclaiming payment protection, if you managed to get some money back you could then maybe make full and final settlements. This would depend on how much you get back and how much your debts are.

Sarah2490

Hi,

I have just done the online remedy and set the balls rolling to get a DMP set up with you.

I am going to apply for a basic bank account asap. I have been looking at taking a Barclays Card Cash account or a Co-operative Bank Cashminder but these both advertise you get a debit card. Is this ok? I thought I had ready somewhere that you only get a cash card or you can only have a cash card

Also how long will it take for my pack to arrive and how do I make goodwill payments to the companies I can not afford to pay in full this month?

Thank you so much for taking your time to help

JaneyD

I have 3 catalogues, my husbands has always worked up until a year ago when he was made unemployed.
I wrote to all of them explaining that I was struggling and could I reduce my payments, 2 of them couldnt have been more helpful, theyve frozen late payment charges and reduced my minimum payment amounts, but one (Littlewoods) has said that all they can offer me is basically debt collection (for which I will be billed an admin charge) or what amounts to a loan which will ad further interest to the catalogue.
I should be in a position to clear most of my bill by the end of March.
This is really worrying me. My last statement said with charges my minimum payment was £93 of which Ive paid £10.