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DMP Mutual Support Thread (Part 5)
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They are in default and as such they cannot add any interest to the account, nor can they sell it on.
Have a look at post 12 in the following thread. If you haven't already, send that letter to them.
http://forums.moneysavingexpert.com/showthread.html/?t=963087
If they dont play ball then report them for breaking the regulations.
Cocker:)
Hi Cocker,
I know the advice you are giving regarding CCA's etc is factually correct, but in reality I haven't found it to work like you suggest & I've had two long legal battles over this with HFC & Goldfish.
Regardless of enforceability a debt is a debt & none of the financial agencies or ombudsman service are interested in dealing with it. You can register complaints about certain companies behaviour but it's nearly always ignored.
People really have three choices if they don't receive an enforceable CCA, you can refuse to pay & let the debt linger (sometimes it'll continue to rise if those companies continue to add charges or interest) this in itself is ok although should the rules change within 6 years or the company find a genuine enforceable CCA you could find yourself in trouble, secondly, you could continue to pay at the rate you've been advised & thirdly, you can start court action to prove the agreements unenforceability, although after the Rankine case it's likely to fail.
I really would take independant advice though before you decide what to do, apparently the CAB can tell you if an agreement is likely to stand up in court. Every creditor will act differently but if you do decide to stop paying or refuse to pay what they request you do have to be prepared to take it all the way to Court. As I say I've been down this route & unless you are a really confident person it gets very scary & can feel extremely lonely. You can get some great advice on here & at the CAG forum but when it comes to attending Court & fighting your battle against a solicitor you're on your own, unless you have the money to employ a representative which most on here don't!!:j DMP mutual support thread member - 135:j0 -
Regardless of enforceability a debt is a debt & none of the financial agencies or ombudsman service are interested in dealing with it. You can register complaints about certain companies behaviour but it's nearly always ignored.
Not always true.
Report companies to the OFT and they WILL investigate them. After many complaints from consumers, The OFT have been going over 1st Credit DCA with a fine toothcomb and have recently brought them to book. I think they have also been investigating Makenzie Hall DCA.
Several banks have now dropped 1st Credit when selling debts on, so things cant be all bad!0 -
I've found budgeting to be one of moderation. As I've stopped going down the pub on a regular basis, I now have sky sports & lovefilm, meet up with friends for tea, coffee, and bike rides.
I no longer live on takeaways, and have learnt to cook (sort of), and make a packed lunch for work. I shop in Aldi's and buy value products occasionally. I'm still struggling (I treat myself still occasionally), but it is getting easier. Just keep getting stupid bills coming up (car tax, insurance, parking permit), that eat into any attempted savings!DMP mutual support thread No: 2430 -
People really have three choices if they don't receive an enforceable CCA, you can refuse to pay & let the debt linger (sometimes it'll continue to rise if those companies continue to add charges or interest) this in itself is ok although should the rules change within 6 years or the company find a genuine enforceable CCA you could find yourself in trouble, secondly, you could continue to pay at the rate you've been advised & thirdly, you can start court action to prove the agreements unenforceability, although after the Rankine case it's likely to fail.
If a creditor fails to provide the CCA within the prescribed time limits, then they are not permitted to keep adding interest and charges to the account.
If they do, then they are in breech of the Consumer Credit Act 1974 and any extra interest and charges are unlawful. They cannot take you to court lawfully to get you to pay this extra interest. As long as you know your rights, you'll be fine. The fact that many people dont know their rights is why so many creditors choose to ignore the rules.
If they do come up with the CCA somewhere down the line and decide to take you to court, the court would want a very good reason from the creditor as to why they failed to produce within the prescribed timescale.
I would never advise anyone to take a creditor to court to challenge the enforceability to the debt. If you lost, you would be liable for all their costs! But this route does stop the creditor taking you to court as they know they are normally on to a loser without the CCA. This helps you pay back your debt at a rate that you can afford.
I know I harp on about CCA's and enforceable agreements, but by requesting this information, it puts you in the driving seat and not the creditor. I am not one of those people who use this route to get out of paying their debt off. As I have said many times in the past, I only use this course of action for the creditors who fail to accept my DMP. I am quite happy to repay those creditors who play ball. I only stop payments as a last resort, and even then, the extra money stays in the DMP and goes to the creditors who are being ok and therefore pays this debt off quicker.0 -
I can only go from my own experiences with my creditors, but the CCA route has worked for me.
Take Lloyds TSB for example.
In October 08, they stopped accepting my DMP and basically said, "pay us more or we'll take you to court"
I refused so they passed the account to their in house DCA and then onto their in house solicitors. At this point I requested the CCA.
These threts stopped immediately and the account was passed back to Lloyds TSB.
The weeks went by and no CCA arrived. After several chase up letters, the matter was passed to their complaints team. They said they would send the document ASAP, but it never came.
In January, I gave up waiting and removed them from my DMP. They haven't received any money from me since.
I keep getting letters stating that they are still loking into my complaint and will be in touch soon. Standard template letters and nothing else.
It's now nearly May and I still haven't received the CCA. I made it quite clear in one letter to them that I would restart paying them as soon as they sent me the CCA. Even this hasn't prompted them into sending it.
I am now of the opinion that the CCA is either lost or doesn't exist. If this remains the same for 6 years, then the account would become statue barred and therefore, irrideemibly unenforceable. Result!! It's not my fault they have such poor housekeeping and lose their documents. I offered to repay the debt at a rate I could afford and they refused to accept it. Serves them right for being so greedy.
The bulk of this account would be refunded to me anyway as it has a totally mis-sold ppi policy attached to it. With compounded interest added to the refund, it would probably wipe out the total debt anyway. If creditors force these things on to us and make us take them out to boost their own profits, why should I feel any remorse by stopping paying them?
Sorry for the rant, but just telling it from my side of the fence. (Plus i've had a good skinfull!!!;))
Anyway, off to watch Match of the Day!:T
Cheers!:beer:
Cocker:)0 -
Hi just wondering if anyone can help. I have a credit card with tesco (RBS) and m mortgage is with direct line (RBS one account). Will they be able to add the money to my mortgage account to get it back? With offsetting rule?
ThanksSlimming World Newby 75.5lbs for starters, another 75lbs after that!:rotfl:One small step for me one giant leap for my backside!;):rotfl:
Started 14/08/10 Lost to date 35lbs Left to go 40.5lbs:eek::rotfl:DMP mutual support member 301:rotfl:Start DMP 1 Oct 09, DFD 2028 :eek:Turn your face to the sun and let the shadows fall behind you!0 -
muddlemess wrote: »Hi just wondering if anyone can help. I have a credit card with tesco (RBS) and m mortgage is with direct line (RBS one account). Will they be able to add the money to my mortgage account to get it back? With offsetting rule?
Thanks
I don't think so, but have wondered that myself (I have Nationwide OD & Mortgage). As far as I'm aware they cannot touch your mortgage. Hopefully someone else can help!DMP mutual support thread No: 2430 -
If a creditor fails to provide the CCA within the prescribed time limits, then they are not permitted to keep adding interest and charges to the account.
If they do, then they are in breech of the Consumer Credit Act 1974 and any extra interest and charges are unlawful. They cannot take you to court lawfully to get you to pay this extra interest. As long as you know your rights, you'll be fine. The fact that many people dont know their rights is why so many creditors choose to ignore the rules.
If they do come up with the CCA somewhere down the line and decide to take you to court, the court would want a very good reason from the creditor as to why they failed to produce within the prescribed timescale.
I would never advise anyone to take a creditor to court to challenge the enforceability to the debt. If you lost, you would be liable for all their costs! But this route does stop the creditor taking you to court as they know they are normally on to a loser without the CCA. This helps you pay back your debt at a rate that you can afford.
I know I harp on about CCA's and enforceable agreements, but by requesting this information, it puts you in the driving seat and not the creditor. I am not one of those people who use this route to get out of paying their debt off. As I have said many times in the past, I only use this course of action for the creditors who fail to accept my DMP. I am quite happy to repay those creditors who play ball. I only stop payments as a last resort, and even then, the extra money stays in the DMP and goes to the creditors who are being ok and therefore pays this debt off quicker.
As I said yesterday, what you are saying is factually correct. I'm not suggesting what you say is wrong or that this hasn't worked for you but it certainly doesn't work for everyone.
I requested a CCA from HFC & they sent an application form way after the time limit had expired & without the prescribed terms. No matter how many times I told them it was unenforceable they still proceeded with Court Action. Whilst I did eventually win it was after attending Court twice & losing several rounds against their solicitors, which was extremely scary & at times very lonely. My point remains the same you have to be a very confident person who understands the CCA Act if you're going to stop paying them or ignoring their requests.
The vast majority of County Court Judges do NOT understand the CCA Act, nobody has to take my word for it just ask the National Debtline, Citizens Advice or go & read the CAG forum. The CAG has hundreds of cases where people have lost in Court because the Judge chose to ignore the Act & agreed with the solicitor instead. Those people then have to find money from somewhere to appeal & get the decision over-turned, of course the flip side of that is that hundreds have also won but as I said you have to be prepared to let it go all the way & the majority of people get too scared to do that. In my case, if I had lost my debt would have doubled from £10000 to £20000 due to HFC's alleged costs.:j DMP mutual support thread member - 135:j0 -
Not always true.
Report companies to the OFT and they WILL investigate them. After many complaints from consumers, The OFT have been going over 1st Credit DCA with a fine toothcomb and have recently brought them to book. I think they have also been investigating Moorcroft DCA.
Several banks have now dropped 1st Credit when selling debts on, so things cant be all bad!
As for my case against Goldfish I have stopped paying them due to the fact they have been complete & utter a***holes. However, despite the fact they couldn't find any agreement whatsoever they still added massive charges & interest, then sold the debt on to Cabot. I went through all the complaints procedures with OFT & FOS & it was like hitting my head against a brick wall. All they would say is that because Goldfish could provide statements proving I had used the money at some point then the debt remains & I shouldn't be complaining about them. With regards the FOS they say because neither Goldfish or Cabot are chasing me for the money at this point so there is nothing they can do, however that completely ignores the fact that Cabot to this day are continuing to update my credit file with negative posts. I am currently going through the ICO but have been warned nothing is likely to happen.:j DMP mutual support thread member - 135:j0 -
Hi All,
Just popped in., I've managed to skim the last few pages as things are pretty busy here- Sunshine I am sorry you are having difficulties, and Toffee Penny I agree with never losing the urge to spend. I am sneaking a few purchases here and there (nothing like before only ebay pieces and a few clothes) as I just think why not so have to be a bit clever with the rest of the budget for the month but i just feel sometimes that we deserve some quality of life.
Speaking of budgets though DP has just been told he is being made redundant at the beginning of May. This is now the third time in 18 months. This basically means that we have to finish our tenancy in the house we are in and both go back to living with our parents. I don't want to go on about this as I know there must be so many others in this situation and probably much worse with children and mortgages and the fear of reposession, but when you are living it day to day it is horrible. I feel sorry for him aswell as I know this is becoming very common for a lot of people but he's out there every day with every agency and aplies for everything online but he never hears back or has any luck. I wish that we could stay here but we won't be able to manage. He has been told that he is not entitled to jobseekers and therefore I don't know where that leaves us. TBH I don't think jobseekers would be enough to keep us afloat anyways as he has personal debt from university too. Ironically I have just got a new job so will be earning around a £1000 or so more a year but we still cannot manage on just my wages and I am already on a low start DMP so going any lower I don't think my creditors would be left with much at all (not that I give a s**t about them at the moment). So I just feel quite low as I don't think my DMP will factor in an allowance for all the extra commuting I will be doing now (DP will be living an hour and a half away when he moves home) but perhaps I can be clever with the figures. I will still be paying my parents some rent but obviously I will have more money to put in to the DMP on the plus side but the way I feel at the moment I don't want to give them any extra. I'm sorry if this rant has been really selfish but I just needed to get it out. The thought of being in debt and not being able to see my DP everyday has just made me feel really low. Thanks for listening.
x DDTotal debt at start of DMP: £20972.00First Payment: January 2009
DMP Support number 298Hoping to become debt free with the help of fellow DMP mutual supporters! :T0
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