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CCCS_Sue

whitepele wrote: »

Hi i was wondering if someone could tell me how long a debt collector has to supply the information requested in this letter,

Statute Barred Letter (England only)

Dear Sirs,

Re: Statute Barred Account - Numbered - XXXXXXXXXXXXXXXX

You have contacted me regarding the account with the above reference number, which you claim is owed by myself.

I would point out that under the Limitation Act 1980 Section 5 "an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued".

I would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that "it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period".

The last acknowledgement to this debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from me in the relevant period under Section 5 of the Limitation Act, I suggest that you are no longer able to take any action against me to recover the alleged amount claimed.

The OFT Debt Collection Guidance states further that "continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statue barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970".

I await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.

I look forward to your reply.

Yours faithfully

Thank you very much to any one who responds.

Hi whitepele and thank you for your message

Normally,they should supply the information within 21 days.

Regards
Sue

CCCS_Sue

Salster40 wrote: »

Hi
I have a DMP with CCCS and have 3 creditors. Credit card, bank and store card. I have paid 2 payments so far. The credit card co althouigh have declined the offer have frozon my interest etc. The bank who I owe the most money too have not. The interest on my loan is stagering. As the bank have said no, CCCS are still paying them on my behalf, will they continue to add interest? it worries me that I am going to be paying my debits for many many years. I know CCCS origionally said 11. To add to this the bank or the credit card co have not contacted me. What would be the likely hood that that they will take it further? I hope you can help, its worrrying me like mad.
Many Thanks

Sally

Hi Sally and thank you for your message

The creditors do not have to agree to stop the interest and charges. It is entirely at their discretion.
Even though they have declined your offer, we will continue to make the payments anyway on your DMP.
You cannot pay them money you do not have. The budget showing your income and expenditure shows how much you have left to offer after paying all your priorities.
As you have only made two payments so far, your DMP is still in the early stages.
Once the creditors start receiving regular payments they may consider stopping the interest and charges, so they may do so in the future once your plan is established, and they can see that you really are doing your best to repay the debt.
Our client support team will be happy to discuss any concerns you have regarding your plan, so please contact them if you require any further help.

Regards
Sue

Scarlett82

Hi,

This might turn out to be a long one, but I'll try to keep it short and sweet, and not too complicated and I'll start from the beginning.

I have two mortgages, one on a property that my mother lives in and one that my H and I live in. The mortgage on mum's property is in joint names with me and Mum. The mortgage for our house is in joint names with me and H.

We are currently in quite a bit of debt, about £9.5k on a unsecured loan, and £15k on credit cards. We have a photography business which is paying us back the money that we spend on the loan, but it's new and isn't bringing in much yet and probably won't for a while.

Currently it looks like H might be made redundant, if not, then will be in a part time role which will mean we'll lose half if not all of his income soon. It already feels a struggle to pay the CC bills as the interest is so much, and whilst we will just about manage to make the minimum payments if H is made redundant, it will likely mean we'll have the debt for years, and will not be paying much more than the interest.
A debt counsellor that we don't really know, who is a friend of a friend suggested that we call up the CC companies and get the interest frozen, but say that we can still meet the minimum payments.

H thinks this is a brilliant idea, but I am worried that this will screw up our credit rating even more. Both of our mortgages are currently on SVR, I don't think we'd get a good rate at the moment as my credit rating has taken a bit of a hit by 3 at the moment.

H's argument is that we don't want to be living on credit anymore, so it doesn't matter if it gets screwed up a bit, and that we wouldn't be able to get a good mortgage rate anyway, if he's not earning.

I really don't know what to do. It feels like a massive decision and not one to be taken lightly. I said to H that I would post on this thread for advice on what the best thing is to do. We currently don't have a bad wage coming in, and from an outsider we are doing fine, but to me, I feel like I've been stuck in debt forever and am slowly drowning. We've reduced it, but I can't currently see a way soon, though I do know that the situation with H's job maybe making me feel this way, rather than just the debt itself.

So what should I do?

CCCS_Sarah

Scarlett82 wrote: »

Hi,

This might turn out to be a long one, but I'll try to keep it short and sweet, and not too complicated and I'll start from the beginning.

I have two mortgages, one on a property that my mother lives in and one that my H and I live in. The mortgage on mum's property is in joint names with me and Mum. The mortgage for our house is in joint names with me and H.

We are currently in quite a bit of debt, about £9.5k on a unsecured loan, and £15k on credit cards. We have a photography business which is paying us back the money that we spend on the loan, but it's new and isn't bringing in much yet and probably won't for a while.

Currently it looks like H might be made redundant, if not, then will be in a part time role which will mean we'll lose half if not all of his income soon. It already feels a struggle to pay the CC bills as the interest is so much, and whilst we will just about manage to make the minimum payments if H is made redundant, it will likely mean we'll have the debt for years, and will not be paying much more than the interest.
A debt counsellor that we don't really know, who is a friend of a friend suggested that we call up the CC companies and get the interest frozen, but say that we can still meet the minimum payments.

H thinks this is a brilliant idea, but I am worried that this will screw up our credit rating even more. Both of our mortgages are currently on SVR, I don't think we'd get a good rate at the moment as my credit rating has taken a bit of a hit by 3 at the moment.

H's argument is that we don't want to be living on credit anymore, so it doesn't matter if it gets screwed up a bit, and that we wouldn't be able to get a good mortgage rate anyway, if he's not earning.

I really don't know what to do. It feels like a massive decision and not one to be taken lightly. I said to H that I would post on this thread for advice on what the best thing is to do. We currently don't have a bad wage coming in, and from an outsider we are doing fine, but to me, I feel like I've been stuck in debt forever and am slowly drowning. We've reduced it, but I can't currently see a way soon, though I do know that the situation with H's job maybe making me feel this way, rather than just the debt itself.

So what should I do?

Hello,

Thank you for your message.

If you are not able to meet the full contractual payments and have to offer reduced payments then this will affect your credit file, however credit files are only important if you want further credit. If you can not pay the debts at the moment it’s unlikely that you can afford further credit anyway. Bad credit does not mean you will not get another mortgage, it just means its likely you will pay a higher rate of interest as you would be classed as a higher risk to the lender.

I don’t think there will be much chance of the creditors agreeing to freeze the interest and charges if you are not in difficulties, as this is how they make their money. The debt counsellor may have been referring to a 0% promotional rate this would only be valid for a limited time if accepted.

I would recommend that you have an appointment with the CCCS so that we can help you put together a detailed financial statement and look at your options. If you would like an appointment please call 0800 138 1111.

Regards
CCCS

winkle007

Hi
My husband was made redundant in 2001 and asked for his bank account to be frozen (he had an overdraft of £1000 and a loan of the same) to date we are still paying off £50 a month as the bank referred my husband to a debt agency. They keep changing the amount he owes and yesterday said it stood at £700. We applied to get charges back from the bank and asked for someone to look into where all the money had gone (obviousley £50 a month over 9 years is a lot of money). Im really angry that the bank have done this to my husband and he still gets harrassed. dont know who else to go to for help.

greyhound22

Hi , I've been on dmp for just short of a year and was under the impression I had an arangement in place with lloyds tsb to reduce my overdraft by the agreed amount as part of my dmp, however I have now recieved an enforcement notice letter requesting full payment by the end of the month.I would like some advice of how to deal with this. many thanks .

slightlyconfused_3

Hi there,

Wonder if you could provide your thoughts on a letter I received from MBNA today.

I wrote to them last week using the template letter from CCCS as I have just sent you my signed DMP form and statements. Today I received a letter from them that reads:

"Dear xxxxx,

Account xxxxxxxxxxx

Following a review today a restriction has been put on your account. We ask that you cut up your credit cards. As from today, no further transactions will be authorised.

If you have any concerns as to why we have taken this action please call one of our specialists .....

Yours sincerely"

I haven't missed payments for them so far so should I presume this is in response to me notifying them of my DMP with CCCS? Just wondered if this is their normal way of responding to such a letter?

I also wondered at what point I would receive the welcome pack with payment slip in for my first payment? I returned the DMP form with my signature and all statements at the stat of last week and to date haven't heard anything back. I called CCCS today and the lady told me my DMP was being processed but couldn't tell me in which month it would begin. How long does it normally take to receive this?

Many thanks in advance for your help.

hermum

Hi Just a really quick question please, I'm filling out my form that cccs emailed me. Am I going to be allowed to keep my internet & phone, or are they seen as luxuries?
So far half my £93.45 something a week has gone on the 3 utilities, house ins & internet,
Thank you
Sorry it's another ? on the form there's nothing to put down food, how much is generally allowed for a single person for food, toiletries & cleaning?

newbeginning_2

hermum wrote: »

Hi Just a really quick question please, I'm filling out my form that cccs emailed me. Am I going to be allowed to keep my internet & phone, or are they seen as luxuries?
So far half my £93.45 something a week has gone on the 3 utilities, house ins & internet,
Thank you
Sorry it's another ? on the form there's nothing to put down food, how much is generally allowed for a single person for food, toiletries & cleaning?

Yes phone and internet are fine, although it might be worth your while looking around if you seem to be paying too much.

Food and shopping, when filling the form in you need to put how much you spend, I found CCCS to be quite generous although I can't remember how much they allow. If they think you're spending too much they'll ask you to cut down. But if you underestimate what you spend you'll find the budget hard to adjust to.

Hope this helps

ba922m922

Hello CCCS,

I am wondering if you can help me.. I have £35k worth of debt consisting of two personal loans and 3 credit cards. I have a shared ownership property and my current mortgage ends in November when I will be remortgaging. If I take out a DMP will this affect my credit file for a remortgage?? I am not missing payments on anything, but I am living in my overdraft each month. I have one loan that is at 14.5% which shocked me when I got my yearly statement....Can you help???

Regards,

ba922m922