DMP Mutual Support Thread (Part 5)

dlb

Prices from 13th October 2008

Purchase value per order
Fee payable
£0 - £4.99
50p
£5 - £9.99

£1.00

£10 - to maximum value of £250
10% of the face value

Fees capped at £10.00

This is current prices for postal orders.
Donna
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cocker100

Hiya TP,

Just been reading through your recent posts!

With regards to the CCA request for the Halifax account, is the account a credit card, loan or overdraft? You cannot send a CCA request for an overdraft account so Halifax could pass it to Moorcroft without breaking any regs if this was the case.

However, if the account is either a credit card or loan account, then they are definately not allowed to pass the account to a DCA whilst it remains in dispute.

If they have replied to the CCA request, but you are not satisfied with what they have replied with, then I would reply to them using the "account in dispute" template letter (found somwehere in the CCA request thread) and demand that they send out the correct paperwork.

An application form DOES NOT conform to the requirements of the CCA request if it doesn't contain all the prescribed terms(again look on CCA thread for details) and would be unenforceable in court. If they have sent this, then the account is still in dispute.

As long as this is the case, you are not obliged to make any payments to the account and if the creditor tries to enforce action on you, they are in breech on OFT guidelines on debt collection.

I've seen lately that creditors are trying to get around the CCA request (CCA1974 s77-79) by quoting the 1983 amendments where they are allowed to omit certain info on the form including signatures. I have now found it better to request a SAR for £10 instead. Here they have to provide all details they hold on you including a full true copy of the "alleged" credit agreement between creditor and debtor.

If they cant provide it, they are screwed and cant take you to court or persue the debt at all!!!It's then up to you if you continue to pay them anything!!!:D

Hope this helps you a bit, if you need any more advice give me a shout and i'll try to assist.

Cocker:)

cocker100

Forgot to mention,

I had threts of "home visits" from 1st Credit DCA:mad: (Probably the worst DCA in the world:beer: ) and they never showed. They have absolutely no rights what so ever to enter your home. The DCA's try to bully you into believeing that they have the same rights as a bailiff, BUT THEY DONT!;)

You can have them done for trespass if they dont **** off when you ask them to.

Nice!

Cocker:)

2spicy

get in first and send them a letter revolking all rights of access to your property.
There are templates on here.
only people who have rights of access are Postie / Emergency services and a bailiff with a court order (you would know about it if you have one against you !)

Oh, and there is implied right of access to ask directions. Just cos there is a post box doesnt give right of access.
if they do call, tell them to go as you donot give right fo access. If they refuse, call police as this is trespassing

thenightporter

Morning everyone!

I spent the day trawling the CAG forums yesterday - thoroughly depressed myself, it seems there are no depths to which these creditors won't sink (taking a terminally ill man with no assets or income to court a month before he died) & the courts seem to be pretty much in their pockets. There have been a couple of cases where a judge has decided that a signed cc (returned on request to the creditor - we've already done that on a couple of accounts, won't be doing it again) could be used as evidence of agreement even when the lack of CCA makes the debt unenforceable :mad: When we're eventually out of this mess (by whatever means) I am will never do business with a bank again - unethical doesn't even begin to cover them. To be honest we haven't ruled out bankruptcy & if they refuse to cooperate (start sending us SDs etc) we will do it.

Anyway ... I've decided not to contact Aegis at all - if MBNA want us the deal with them they'll have to send as assignment notice (... oh & their correspondence address is Mumbai!).


Done the final, final budget - will run through it will CCCS today & get the paperwork together.

geoffmr1

Hi nightporter,

Some people get very lucky & never have any problems even when they go onto a DMP however that appears very few & far between. I started with 9 creditors of which 2 were immediately a pain (Egg through CSL who were awful & HFC through their supposed solicitors Weightmans). CSL did eventually back off when the DMP was up & running & touch wood I've heard nothing from them since as I haven't missed any payments.

Weightmans instigated court proceedings but backed out 2 days before court as they knew the CCA was unenforceable (couldn't have achieved this without the CAG forum & would now have a charging order over my property), they ended up agreeing to my initial repayment plan.

Goldfish were fine at first but then decided to play up.

If you stick to your guns though you will come through it alright in the end. I would suggest though that you always get a second opinion to any advice you receive, even if it's from the CCCS or Payplan. I phoned CCCS 3 times about the same subject & was told different things each time, do not take their word as gospel. I personally have found I get the best advice from The National Debtline, especially when it comes to legal situations & your rights.

geoffmr1

Just for information purposes can I just correct something which is wrongly informed on here several times.

For all those that don't know & in the very, very unlikely event that a DCA does send round a doorstep collector do not phone the Police simply stating that someone is trespassing on your property as its highly unlikely they'll respond as it's a civil matter. The only way to get the Police to act is by stating that it's aggrevated trespass (which then becomes a criminal matter). If you are being stopped from carrying out your duties (ie. picking the children up from school or going to get your food shopping etc) then thats aggrevated trespass. The fact someone is standing on your doorstep & waiting for you to open the door so they can try & get in is clearly stopping you from carrying out said duties.

thenightporter

geoffmr1 wrote: »

I personally have found I get the best advice from The National Debtline, especially when it comes to legal situations & your rights.

That's really helpful thanks! I've been advised by a few people now not to contact CCCS when it comes to legal matters.

cheesypuff

Hi newbie here and a bit confused with everything

Can anyone let me know when you send your letter from CCCS with token payments to the cc companies do you just send to the normal payment address on the statement?

Also I know this is daft but I have never bought postal orders before, do I just buy them at the counter and fill them in at home, the post office wont need names on them will they?

HAs anyone ever dealt with Nationwide? CCCS have told me they may try to put a charge on our proprety through enforcement of justice office. Feeling rather scared at this.
:eek:

geoffmr1

thenightporter wrote: »

That's really helpful thanks! I've been advised by a few people now not to contact CCCS when it comes to legal matters.

If it wasn't for the CAG & National Debtline originally I would now have a charging order over my property & a larger debt to repay than I should have. The CCCS gave me really bad advice over the steps I should take when HFC/Weightmans started court action.