Could Joining Payplan jeopordise other arrangements

GeorgeUK

Can I pursue the SAR directly from the creditors as well as signing upto a payment plan with a 3rd party?

The SAR is a request for information which you are legally entitled to. Nothing more. You can sign up to Payplan or CCCS and still reclaim charges. They will not assist you with the enfocability of a CCA though. They just stick to the DMP info and a few other bits and pieces. Nothing to stop you going with one of these organisations though. I realise you haven't asked about the enforcability of credit agreements but i thought it worth mentioning.

and why should I sign the SAR differently??

Some organisations have been known to to copy your signature and put them on an agreement you have never seen before. This has happened where they have been unable to find the credit agreement and make a 'reconstruction'. There was a case where a high street bank produced a copy of the 'original' credit agreement but the woman had gotten married since taking out the agreement and it had her married name on instead of her maiden name. It's best not to provide your signature either on a letter or cheque.

LostBoy

Unbelievable what they will do. - I'll bear that in mind when I send my SAR.

if I do pursue the enforcement of a CCA and Im succesful, would you expect any DMP/DAS I've signed up to, to be flexible enough to be modified accordingly??

and during the process of enforcement should i pay that particular creditor anything at all? or would that contribute to the full and final proposal?

regards

GeorgeUK

Some people on a DMP have stopped paying towards a debt that has been unable to provide an enforcable CCA. It might be worth asking that in a new thread to see what the responses have been.

For a DAS, i've no idea.
It may come down to whether the DAS is a legal agreement or not, but i'm afraid i don't know. Might be worth asking that on the CAG board if no-one from here can answer that one.

LostBoy

Spoken to a Money Advisor at the CAB today and it turns out I may be eligable for a DAS. - Or maybe even a protected Trust Deed. - would prefer not to do TD though. I think .
Anyway , One thing she was adamant about is that CCCS are the only 'free' charitable organisation and Payplan would actually charge me 10% of my disposable income as their fee towards distribution to my creditors. -is this right??

regards

PS - whats the CAG board?

GeorgeUK

I know CCCS are a charity while Payplan technically aren't, but the only thing i have ever head of them charging for is setting up an IVA. Never heard of them charging for setting up a DMP, but the CAB advisor may have been talking obout the Trust Deed. I think everyone has a setup cost for these.

Edit: CAG = consumeractiongroup - montioned above.