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CCCS_Sarah

TJBenton wrote: »

CARCRAFT
Please please please help me .... I too have become a victim of that horrid company and do not know what to do !

I bought a car on 9th March after I spoke to the salesman to see if the car that I purchased was of similar running costs as my old Volvo S40 - he used aggressive sales tactics and I brought a car that was not economical (20mpg and over £400 in road tax a year) I paid a deposit of £1000 on my credit card and £3990 on finance of 29.8% APR from Consumer Credit finance!!

I asked to replace the car 2 days later because I thought it was my fault and was dealt with in what I can only describe as a violated way...

I am a single parent and living off benefits and did mention this to the salesman - whilst taking my particulars he asked me what I did before - when I told him he said "oh that will get you your finance"....

I was at my wits end and decided to return the car on 31st March and hand over the keys and request a full refund due to misrepresentation .... they are defending the claim in court even though I have a witness to everything the salesman said....

I have read so many complaints online that I don't know how they are getting away with it !!!

Regards

Tracy Benton

Hello,

I would recommend that you call on organisation called Consumer Direct and seek advice from them. I have attached a link to their website for you http://www.consumerdirect.gov.uk/

If you want to discuss the legalities of this then you could also contact Community Legal Advice on http://www.communitylegaladvice.org.uk/

Hope you get this sorted.

Sarah

Phil-1956

Hi,

I've been in touch & have got the advice pack thankyou. In the advice pack I noticed the following under the section about legal action creditors can take :

The amount they tell you to pay may be more than what you offered. If you cannot afford it, you can ask to change it within fourteen days by writing a letter to the court asking for ‘redetermination’.
If the court accepts this, you will pay the agreed amount until you have repaid
the debt.
If the court rejects this and you are unable to pay the amount they have asked for, it is likely you will default on the county court judgment.
It is only at this stage, and not before, that your creditor can apply to the court for a charging order, an attachment of earnings order or a warrant of execution.
The original CCj was issued on 24/02. I sent off a redetermination request on the 3/03 with a cheque for £35. This was returned with a letter dated 08/03 stating that the fee was not payable as the request had been received within the time for reconsideration. The original reconsideration was on the 6/04 but was adjourned until 26th May due to my wife's death. At this hearing the judge did say that he would consider a charging order on the 26th as "I was by then in technical default of the original CCJ.

Reading the part in the advice pack this is not the case. Is their any case law I can refer the judge to ????
I would also be grateful for any other advice on opposing the charging order. (There is no equity, the bank could have asked for security on the loan originally but didn't & there are other creditors to consider too )(I have made then a without prejudice" full & final offer of approx 38p in the £ in the meantime but they are much more likely to accept this if they don't have a charging order. (I can make the same offer to the other creditors too)

nolongerindenial

I am posting this as advised on my debt free diary as I am not sure what to do next....

ok I think I am working down to hitting rock bottom......

I havent answered the phone to an uknown number for over 3 weeks - mobile or landline which is very bad considering I am self employed and one of the missed calls could have been potential business.

The stress is really starting to get to me - to the point when an unknown caller at the door just knocked and I nearly poo'd myself at the thought of who they might be. I live in fear of what the postman might bring and fear I can not provide for my family.

Tried to sort out working tax credits - and basically the incompetant people are giving me the run around as Im self employed and they want confirmed figures for my current income + last years income....

I used to live in hope that I could get in control through hard work and get all of this paid off, whereas now all i seam to be doing is battling more and more and getting nothing back for all my fight.

I am running out of assets to realise into money quickly - which is bugging me no end. I just feel like breaking down and crying all of the time, I have never been so demotivated.

I keep trying to pick up the phone to CCCS or CAB to help me, but am at the stage I dont have the strength anymore - I just feel permanently exhausted although I hide it from my 4 month old - my wife knows how I feel and is feeling the same.

skintoflinto_2

nolongerindenial wrote: »

I am posting this as advised on my debt free diary as I am not sure what to do next....

ok I think I am working down to hitting rock bottom......

I havent answered the phone to an uknown number for over 3 weeks - mobile or landline which is very bad considering I am self employed and one of the missed calls could have been potential business.

The stress is really starting to get to me - to the point when an unknown caller at the door just knocked and I nearly poo'd myself at the thought of who they might be. I live in fear of what the postman might bring and fear I can not provide for my family.

Tried to sort out working tax credits - and basically the incompetant people are giving me the run around as Im self employed and they want confirmed figures for my current income + last years income....

I used to live in hope that I could get in control through hard work and get all of this paid off, whereas now all i seam to be doing is battling more and more and getting nothing back for all my fight.

I am running out of assets to realise into money quickly - which is bugging me no end. I just feel like breaking down and crying all of the time, I have never been so demotivated.

I keep trying to pick up the phone to CCCS or CAB to help me, but am at the stage I dont have the strength anymore - I just feel permanently exhausted although I hide it from my 4 month old - my wife knows how I feel and is feeling the same.

Well done for taking the first step :T
I can honestly say, without being patronising, most people on here will be able to relate to this.
Four words of advice...pick up the phone!
We rang CCCS and have arranged DMP with no regrets at all.
You will get lots of sound advice on here and CCCS are fab!
DO IT!!

eckythump

Hi
we have been on a dmp with cccs for a while and the payment is due out on the 10th by D.D
I work part time and today my pay was down by 3 days as my manager forgot to put 3 holiday days through.
this means we have insufficient funds for the D.D,I have just cancelled the D.D as I did not want it to be returned and to incur bank charges.
as the cccs offices are closed over the weekend I just wanted to know what we should do.
I have a p.o slip left over from when we initally set up the plan,should I pay what we can with that?
sorry for the long post but I will spend the weekend worrying otherwise.

1Moneymonster

as a family man with my own home i share with my fiancee, i am very concerned about the future, over 5 years ago i was given a mortgage which was 10.7% interest only, which i was mis sold, i complained to the FSA, and i had £1700 commission paid to me by the IFA, but i still needed to pay the mortgage at one point raising to 1200 per month for a £174000 home, with interst rates now at a low i have a mortgage that is affordable because of the interst rates. my mortgage payments and the struggle i had for over three years paying the 1200. my credit has been affected because of missed payments etc, I cant change my mortgage because my credit score is poor . i am now in debt because of this . the banks get bailed out they wont lend to me and i cant get a re-mortgage at a great rate because of my credit! myself the tax payer has bailed the banks out where is justice can anyone really help,:(

emvic

Not sure if i have put this in the rite place.
Sept last year we had a reprocession order, (husband had lost his job resulting in us not paying full mortgage payments) Court agreed us to keep the house as long as we made the regular mortgage payments and the extra 80.00. couple of months later mortgage lender rang me and said they would put the arrears on the end of the mortgage meaning we would not be in arrears any more and reduced the mortgage payment (this was what i asked them to do before it got as far as court) mortgage co said the county court judgement would no longer apply ?? how can i find out its not ??

Now - we received a court order for a Interim Order. We currently have a loan 34.000 - which was being dealt with by a debt management company for 3yrs now, we had a county court judgement against it in Dec but now we hve this interim order which is taking place 11th may. where they putting the dept on me mortgage, we dont hve much equity,
How much could they ask us to pay a month, at mo we pay £15 a month. I understand if we were to move or remortgage they would want the money. Now its stopped us ever wanting to gain money to extend me property. My major concern now is, we only in an interest only mortgage, this runs out next year and we were hoping to go into a repayment mortgage is this going to stop me is a mortgage lender going to entertain us knowing there 34.000 secured to my mortgage.
thank you
Vic

emvic

i have getting myself in a bit of a vicious circle, I have borrowed money from wonga.com,, started of with £100 in jan now i am upto £700 i have had to use it like an overdraft, where i am having to rely on it each month, I dont want to be on like this, but i cant afford to pay it all back and that its, any advise on whats the best way around it, I have been really silly getting involve in this mess,,,,,, xx

Supratad

Hello first post here.
My wife and I have been in a DMP withthe CCCS for about 6 years now, we pay over £1100 a month to several creditors, and have thus far paid off some £60k.
However, I have as of this month, been made redundant, which means a massive drop in income until I can find another job. I have not yet informed the CCCS.
Reviewing our finances, we can make changes to the extent where my wife's salary and my impending Jobseekers Allowance would allow us to cover our outgoings and possibly leave about £200 per month for the CCCS DMP.

My question is, will our debtors accept such a drop in payments for however long it takes me to find a new equal job (professional - architect) or will they force bankruptcy?
If I am made bankrupt I will be automatically struck off and thus no longer able to work in my profession, and of course no longer able to make such paybacks. Most likely we would lose the house and all possessions and be up the creek.

There are other options such as selling one car for around £13K which may allow a year in this recession to wait for the markets to pick up and for me to find work again, while maintaining the current payments to the CCCS.

There is some equity in the house, but as we have been managing to pay back our debts for some time now and maintain a status quo, obviously we are reluctant to up-sticks and downsize at this point in our lives.

FlipsLDC

Hi There, Quick question, We have sent all the DMP information back to yourselves and posted the letters informing our creditors that we are entering a DMP with yourselves. Over the weekend though we have received letters from 2 Creditors stating they will visit us this Thursday at our House. What can we do to stop this? they say to ring if this is inconvient. Any advice would be great as as much as I know this is our fault and want to repay as much as possible I really want to avoid Debt Collectors coming to the door,
Thanks