Ask a CCCS counsellor a question

CCCS_Matthew

Blankie wrote: »

Hello there.
We are currently receiving advice from you by telephone but wondered if I could ask a question here.
We are paying our creditors £1 a month and have been for several months as our expenditure exceeds our income.

Sainburys bank have been calling us more or less daily for several months now and have now sent us a letter stating that we must pay them £2300 by 24th Dec or they will instigate court action. My question is: the original loan which was taken out in 2005 was for £25,001. Although our original request was for £25,000 there was a specific reason why they said we should take £25,001. On looking at the information on MSE I believe this means that our loan is unregulated but what effect does this have on us now that we are in this situation?? What are our options once the deadline date arrives?

We were advised by yourselves not to send any of our creditors our SOA.

Please could someone help as I am really really worried about our situation and its really starting to make me ill with stress.

Thank you.
Blankie

Hi Blankie, I think Alan has sent you a PM regarding this.

Cheers, Matthew.

CCCS_Matthew

pau11n3 wrote: »

I need a bit of advice ..im currently on a DMP with CCCS.. 18months in and 6ish yrs to go...

our safe account is HALIFAX basic bank account ...but i have debt with Lloyds tsb ..O/D credit card and loan!!! i was told when the merger was announced not to panic and wait...so now that this merger is going through..do i now have to change my bank again...my hubby is in the Navy and is away..so getting a new joint account is gonna be near impossible til June... im really worried they will seize our account... i really need advice...
thank you in adance...
Pauline

Hi there Pauline,

My understanding is that it still maybe sometime before the merger starts to have an effect on customers, and it's still not clear whether Lloyds and Halifax accounts will stay as seperate entities, or whether all accounts will be rebranded as the same organisation. CCCS will of course inform client's if it does get to the stage where they need to open new accounts.

If you are concerned that you might not be able to open an account easily a few months down the line, you could always open another account with somone else straight away just to put your mind at rest.

Matthew.

CCCS_Matthew

determinedtodothis wrote: »

Hi

Just wondered..i have not recieved a statement from any of the creditors on my DMP - does CCCS get those now?

The creditors won't send your statements to us, they would still send them to you. Depending on whether your debts have been passed on or not, you may not get statements on a monthly basis as you used to, but you should certainly get a statement at least once a year to advise you on the outstanding balance.

Hope this helps,
CCCS

littlestar1981

My OH is paying off debts using CCCS. One of his creditors called and offered to knock 2k off the total if he paid the rest within 6 months. Would that affect his CCCS arrangement if he agreed to do that?

wanttobefree_2

I have received a dca letter about an old joint loan, am on benefits and will be sending a letter offering £1.00/month. My question is why do they refuse to go to my ex-husband regarding this too when he is earning and I'm not?

CCCS_Sue

littlestar1981 wrote: »

My OH is paying off debts using CCCS. One of his creditors called and offered to knock 2k off the total if he paid the rest within 6 months. Would that affect his CCCS arrangement if he agreed to do that?

Hi littlestar 1981

Thanks for your message

The amount of surplus available after your budget has been completed is the amount left to offer the creditors as payment.
This is worked out on a pro rata basis so each creditor gets a fair share of the surplus.
Whilst on a DMP, it would not be possible to give preferential treatment to just one creditor.
If your OH feels he could offer more money each month to his DMP then he could call us for a review of his circumstances. Any extra money available could be shared amongst his creditors, which would mean that the DMP would be paid off quicker anyway.

Hope this helps

Regards
CCCS

CCCS_Sue

wanttobefree wrote: »

I have received a dca letter about an old joint loan, am on benefits and will be sending a letter offering £1.00/month. My question is why do they refuse to go to my ex-husband regarding this too when he is earning and I'm not?

Hi wanttobefree

Thanks for your message

If the loan is in joint names, then both you and your ex husband are joint and severally liable for the debt.
This means that the creditor should pursue both of you for the money.

If your ex husband has not heard anything from the creditors regarding the debt, then it could be that they do not have up to date information regarding his address etc. Perhaps he has moved since the debt was taken out?

However, you need to send the dca a budget showing your current income and expenditure and stick to your offer of just £1 token payment if that is all you can afford.

You say the loan is an old debt. Have either you or your ex partner had any contact at all from the creditors or have you made any payments within the last 6 years? Is there a CCJ?

It may be that the debt is statute barred under the Limitations Act 1980. (This does not apply to CCJ’s, Benefit Overpayments, Income Tax, VAT and Social Fund Loans)

If you would like help to put together a budget and further advice regarding your situation, then you can ring for an appointment to speak to one of our debt counsellors. The free helpline number is 0800 138 1111.

Hope this helps

Regards
CCCS

DandD

Can a Bank change a Customers account 'type' without their knowledge or consent and then litigate?

Everyone that we speak to says that they can't, but where is the legislation saying that they can't? This is really important to us!

D&D

determinedtodothis

CCCS_Matthew wrote: »

The creditors won't send your statements to us, they would still send them to you. Depending on whether your debts have been passed on or not, you may not get statements on a monthly basis as you used to, but you should certainly get a statement at least once a year to advise you on the outstanding balance.

Hope this helps,
CCCS

thanks Matthew

CCCS_Matthew

wanttobefree wrote: »

I have received a dca letter about an old joint loan, am on benefits and will be sending a letter offering £1.00/month. My question is why do they refuse to go to my ex-husband regarding this too when he is earning and I'm not?

With any joint debts, the creditor can chase either party for the remaining balance. Unfortunately, they don't always chase both people at the same time, especially when one party is making regular payments.

It's likely that if you can only offer £1 a month, they may try and persue him for the balance too. It's generally down to whether they have his contact details. If not, they may try and do a search for him, although this tends to be more time consuming for them, especially if they know where you are.

Regards,
Matthew