Struggling with debt? Ask a debt advisor a question

CCCS_Sue

dadooronronrondadooronron wrote: »

Hello Sue or Pavan

I have been on the phone to CCCS this morning to update a few details regarding creditors and forgot to ask a question. Difficult to ring now as in work until late tonight.

Basically been on DMP for a few months now and things are going well. Not too much hassle and life definitely feels better - the phone certainly isn't ringing off the hook like it was before the DMP;)

My payment to CCCS normally goes out by direct debit on 10th Month but I know that next week I will struggle to have the full amount in my bank as one child has a birthday this weekend and I have just had to pay for service on gas fire - which had been smelling a bit dodgy :eek:

I can however pay the full amount on 18th of the month (or maybe a day or two before that) - would I be able to do that instead this month - or would it be too late to get payments out to creditors on 25th?

Hop this makes sense

THanks Ron

Hi Ron and thank you for your message

I would advise that you call our client support team and let them know as soon as possible as they will apply for the direct debit on the 10th. You may be able to make a double payment next month if it is too late for this month, but they will advise you further.

Kind Regards
Sue

CCCS_Sue

naycash wrote: »

Hi I am married and have a joint mortgage however I have stupidly got myself into lots of debt. I have been on the debt remedy link and it advises to make temporary token payments as I have considerably less money coming in than I can pay out. However, this is where it gets messy. When I filled in the questionnaire I did it with my details. Is this right? My husband and I have joint accounts however the debt is in my name so could he be held liable for it? Can I just contact the creditors from me? What could happen to the house?

Any advice that can be given would be greatly appreciated as this is really affecting my mental health.
Many thanks

Hi naycash and thank you for your message

If the debts are all in your name and there are no joint debts, then it is fine to fill in the budget with your income details only. However, on the actual expenditure, you will need to show what share of the bills your husband is paying to give a true picture of what you have left over after paying your share.
If you have joint debts, then you are both joint and severally liable for the full payment. If you are not able to pay, then they will pursue your husband for the balance owed. In this case, it may be better to do a joint DMP.
If your creditors were to issue a CCJ, then they could look at putting a charge on your property. I have attached a link which explains this further.

http://www.cccs.co.uk/InfoCentre/EnglandandWales/Creditoraction/Courtaction/Chargingorder.aspx

Otherwise, if you are maintaining the mortgage payments on your house, are not in arrears or considering bankruptcy, then your house should be fine.

If you would like to discuss any of the above in more detail, then you can call our debt remedy team for further advice.

Kind Regards
Sue

CCCS_Sue

winner12 wrote: »

Hi bit of background
Cap 1 have refused my DMP for a year I paid them up until I complained to FOS in September 2010
FOS advised the account to be put on hold until it was investigated
This expired at the end of December 2010 FOS agreed with CAP 1 that I should have sent Pay slips and Bank Statements but I had repeatedly sent SOA I dont work the debt is in my name my Partner is helping me pay pro rata.
I tried to pay CAP 1 direct in January 2011 but they returned my payment
I dont know who to pay
There are 2 DCA chasing the debt and I am worried about not paying
None of the DCA have bought the debt from CAP 1
My DMP is self managed all my other creditors have accepted

Hi winner12 and thank you for your message

It sounds as though they could be in breach of the OFT debt collection guidelines. I have attached a link (page 5, 2.6 c d &e)

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf
These state it is unfair practice to use more than one debt collection business at the same time resulting in repetitive and/or frequent contact by different parties and not informing the debtor when their case has been passed on to a different debt collector.

You could contact ‘Consumer Direct’ for further advice regarding this
http://www.consumerdirect.gov.uk/

Consumer Direct is funded by the Office of Fair Trading and delivered in partnership with Local Authority Trading Standards Services.

Kind Regards
Sue

k_moor25

Hiya

I have just started my Debt Managment Plan with CCCS and have just been told MBNA will not acept my payment offer and they have sent me a default, please can you advise me what to do now which Im really worried

regards

master53

I am presently in a DMS with Payplan how do i go about checking the Consumer Credit Agreement i have with my creditors without using a third party Also how do i check whether i had PPI on any of the accounts and that any default notices are legally compliant.

And finally how would i make a full and final (F&F) offer to the creditors

StepChange_Pavan

k_moor25 wrote: »

Hiya

I have just started my Debt Managment Plan with CCCS and have just been told MBNA will not acept my payment offer and they have sent me a default, please can you advise me what to do now which Im really worried

regards

Hi there,

Even if they don’t accept the offer, we will continue to send the payments anyway as your budget shows that you can’t afford to pay any more.

A Default notice is part of the standard debt collection procedure.

If you get any more letters that concern you and you’re not sure what to do, just give our client support team a call and they will be able to advise you.

Kind regards,
Pavan

StepChange_Pavan

master53 wrote: »

I am presently in a DMS with Payplan how do i go about checking the Consumer Credit Agreement i have with my creditors without using a third party Also how do i check whether i had PPI on any of the accounts and that any default notices are legally compliant.

And finally how would i make a full and final (F&F) offer to the creditors

Hi there,

I’ve attached 2 sample letters below that you can use to help you with regards to the CCA request.

This PPI reclaiming guide gives you lots of useful information on how to go about reclaiming missold PPI.

If you are considering making F&F settlements, I’d recommend that you contact your DMP provider as they should be able to help you with this.

Alternatively, you can use our online Debt Remedy which will look at your situation and provide you with a complete guide on how to do this if it is your best option.

If you’d prefer to speak to one of our debt counsellors you can book a telephone based appointment by calling our helpline free on 0800 138 1111. Lines are open Monday to Friday 08:00-20:00.

I hope this helps.

Kind regards,
Pavan

LETTER 1

To

Without Prejudice

Dear Sirs

Ref …………………………………….

With reference to the above account:

Please will you send me a true copy of the original signed agreement together with an up to date statement of the account showing all transactions, including interest and charges, and a copy of any other document referred to in the agreement.

I understand I am entitled to this information under ss77-79 of The Consumer Credit Act (CCA) 1974.

I also understand that this information should be sent to me within 12 working days of you receiving this letter. The CCA states that creditors are unable to enforce an agreement until this request is complied with.

I am enclosing the £1:00 fee, payable under the Consumer Credit Act 1974, for each account.


Yours faithfully


LETTER 2

To

Without Prejudice

Dear Sirs

Ref ……………………………………..

With reference to the above account:

I wrote to you on (date) requesting a copy of the above agreement together with the relevant information under Section 77-79 of the Consumer Credit Act (CCA) 1974. I enclosed the £1.00 fee. This letter was delivered and signed for on (date).

I have not yet received the information requested.

The Consumer Credit Act allows 12 working days for this request to be fulfilled. The 12 days ended on (date*) and you are now therefore in default of the CCA.

As you are probably aware this debt has now become unenforceable by law.

May I also remind you that until you produce the agreement and therefore show you have my authority, you cannot pass information to a credit reference agency without my permission.

This situation will remain until you either provide the requested information or a further 31 days expire. The date for this will be (date* + 31 days). At this stage you will have committed an offence and can be reported to Trading Standards.

Yours faithfully

needstochange_2

Hello,
My husband has got unmanageable debts of £7500 on credit cards and a £2000 loan, along with £4000 still to pay on car finance. he has spoken to 'think money' and they have recommended a debt consolidation loan of £280 a month for 5 years. they are charged a 15% fee which is included in the monthly amount. do you think that this is the right thing to do? we are both really confused about all this
Thanks

Raksha

needstochange wrote: »

Hello,
My husband has got unmanageable debts of £7500 on credit cards and a £2000 loan, along with £4000 still to pay on car finance. he has spoken to 'think money' and they have recommended a debt consolidation loan of £280 a month for 5 years. they are charged a 15% fee which is included in the monthly amount. do you think that this is the right thing to do? we are both really confused about all this
Thanks

I am new to this, but one thing I did learn is try and avoid anyone who takes money from you to manage your DMP - all the money you pay into a DMP should be going to pay your debts - if they are syphoning off 15%, it will take longer for your debts to be paid. Looks at CCCS or PayPlan.

HTH

needstochange_2

Thanks for the advice, thats exactly what i was thinking so i will look into this