DMP Mutual Support Thread (Part 5)

cocker100

msc1977 wrote: »

no i havent - the CC i have had for donkey's years and the loan about 3 years.....i'm not sure why i would need to request them? I havent really followed the CCA threads?

If the CCA is unenforceable, they cannot take you to court as the court cannot pass judgement on the debt!!!

If your CC is really old, then there is a real chance that they might not even have the CCA anymore, so you can then basically decide what amount, if any, you want to pay back to them.

This is great for offering really really low full and final settlements as creditors know that you aren't actually obliged to pay anything if you dont want you.

Also, after six years, (5 in Scotland) if you haven't acknowledged the debt (ie. you haven't paid anything off the balance in this time), then you can never be chased for the debt again as it becomes statute barred under The Limitatons Act 1980. Any attempt to chase the debt after this time could then be classed as harrassment by the creditor.

Cocker:)

50broke

:j :j :j
OK ALL READY.... LETS PRESS A BUTTON ON OUR COMPUTER AND "QUANTIVE EASE" LOTS AND LOTS MONEY INTO OUR ACCOUNTS TO COVER ALL THESE DEBTS.... GOOD ENOUGH FOR GOVERNMENT!!!!

ALL TOGETHER NOW.............. PRESS!!!:T :T

MUCH BETTER I KNOW HAVE NO DEBT AND MILLIONS IN MY BANK ACCOUNT!!!!1

msc1977

cocker100 wrote: »

If the CCA is unenforceable, they cannot take you to court as the court cannot pass judgement on the debt!!!

If your CC is really old, then there is a real chance that they might not even have the CCA anymore, so you can then basically decide what amount, if any, you want to pay back to them.

This is great for offering really really low full and final settlements as creditors know that you aren't actually obliged to pay anything if you dont want you.

Also, after six years, (5 in Scotland) if you haven't acknowledged the debt (ie. you haven't paid anything off the balance in this time), then you can never be chased for the debt again as it becomes statute barred under The Limitatons Act 1980. Any attempt to chase the debt after this time could then be classed as harrassment by the creditor.

Cocker:)

thank you for this info - I have had my natwest CC for about 14 years i think - is it really worth trying to get hold of the agreement? thanks

St0lli

I spoke too soon!!!

I've just got home from work to find two letters from EGG. The first one is a default notice served under Section 87(1) of the Consumer Credit Act 1974.:eek: It says if the full amount isn't paid in full by 2nd April they will instruct solicitors to start proceedings or instruct debt collection agents. :eek:

The second letter is 'Your Egg Money account has been terminated'. Your debt will be handled by an external debt collection agency who will contact you withing the next 10 days unless we have agreed repayment terms with you or a 3rd party.

My DMP with CCCS is due to start on 1st April but I know that my notification to Egg of CCCS acting on my behalf has been received by Egg and also CCCS have contacted them.

What should I do now?

Should I ring Egg? Should I let CCCS now?

Oh dear, I'm not sure what to do.... except put the letters in my lovely lever arch file (trying to keep my sense of humourt to keep me sane!)

50broke

Hi
telCCS that they intend to sell debt to collection agency, same thing happened to me yesterday, CCCS will arrange to pay DCA dont panic... just ring them and they will help...... I have had loads of phone calls today since the creditors have had letter and token payments and i am trying to stay calm...... they are trying to frighten you.....

yellowmonkey

Hi

EGG did exactly the same and I had the 2 letters you describe. Seems to be par for the course for them and they did accept my DMP (Payplan) with next to no fuss. They did not pass it on to an External DCA either

Try to remain calm and it will all be fine

Good luck

ym

cheesypuff

Have just been looking at my MBNA statement and I noticed on the counterfoil that the name of their bank is co-operative bank. Are Co-op and MBNA linked?? Its just we only just opened our new basic bank accoount with co-op, as I though they were not one of our creditors.

Does anyone know if these two companies are connected and help settle my nerves:eek:

50broke

mbna is part of bank of america and co op is mutual bank i googled this and they dont appear linked..... however i didnt know that marbles was hsbc....

St0lli

Thanks 50Broke and Yellow Monkey... Funny but I've been totally laid back about it until these letters arrived....

It's such a relief to have the help, support and advice of this thread.:j

Thanks :beer::T

yellowmonkey

St0lli wrote: »

Thanks 50Broke and Yellow Monkey... Funny but I've been totally laid back about it until these letters arrived....

It's such a relief to have the help, support and advice of this thread.:j

Thanks :beer::T

I remember throwing a hissy fit when I first got them as well . The longer it goes on the more immune you will get

ym