Sent letter requesting CCA, what next? Please help!!

StressHead

Please may I ask your advice on my debt situation.
I have been in a Debt Management Plan for 2 years with a company who was charging me £50/month for the privilege. I now know that I should have gone with a company like CCCS but hindsight is a wonderful thing.

At the beginning of this month, I decided to take matters back into my own hands and retracted the right of the DMP Co to act on my behalf. I sent the first template letter to all my creditors requesting my CCA on 9th Feb 2011. Does this mean that the 14 days is up at the end of today or is it 14 working days? Also, do you know where I can find a template of the second letter as I can’t seem to find it?

Below is breakdown of what I’ve had back so far (up until 22/02/11).

MBNA
Letter sent to Fredrickson International as this was the company I had last contact with. No response as yet. DMP Co wrote directly to MBNA in June 2010 and received a letter back stating that CCA was enclosed, but it wasn’t. DMP Co never followed this up. A few days ago I received a letter from Arrow Global (who have previously been referred to in letters from Fredrickson International) asking for proof of my new address (I moved 18 months ago though and informed MBNA of this at the time).

MARBLES
Debt is now with Lowell Financial. They’ve responded saying that they have requested the CCA from Marbles but no CCA received yet. DMP Co wrote to Lowell in June 2010 who responded by saying that they couldn’t produce a CCA and would no longer chase for this debt. I have however discovered that the account number given to them is incorrect, although I gave them the correct one. However they have accepted DMP payments for the past 2 years!

BARCLAYCARD
Debt is with Apex Credit Management. They’ve responded saying that they have requested the CCA from Barclaycard but no CCA received yet. DMP Co wrote to Barclaycard in June 2010 who never responded.

MINT
I thought the debt was with Wescot bearing in mind this is who the DMP payments have been paid to. Had a response from them informing me that I need to contact MINT directly. Sent letter to MINT on 17/02/11 so need to wait 14 days. DMP Co wrote to MINT in June 2010 who returned a CCA so I’m expecting to receive the CCA from them.

CAPITAL ONE
I thought the debt was with Scotcall as the last letter I had was from them however the DMP payments have been paid directly to Capital One. Had a response from Scotcall informing me that I need to contact their client directly. Their client is called Credit Solutions. Sent letter to Credit Solutions on 15/02/11 so need to wait 14 days. DMP Co wrote to CAPITAL ONE in June 2010 who returned a CCA so I’m expecting to receive the CCA from them via Credit Solutions.

EGG LOAN
Debt has been sold to Aktiv Kapital. I’ve received the CCA from them (application was online so no actual signature – does this matter?).

EGG CREDIT CARD
Debt is now with Lowell Financial. They’ve responded saying that they have requested the CCA from EGG but no CCA received yet. DMP Co wrote to Lowell in June 2010 who provided a CCA. Why would they have to request it from EGG again?

I presume the next step is to send the second template letter to the companies who haven’t produced CCA’s within the 14 days. Should I also send this letter to the companies who have said that they’ve requested the CCA but haven’t produced it yet?

Once I know which debts are enforceable due to receiving the CCA’s, I’ll be able to decide whether bankruptcy may be the best option for me. My plan is to offer a F&F settlement (paid over a year or two) to the enforceable debts but if refused, I will have to go bankrupt. I can’t cope with this amount of debt anymore and I’ve been trying to resolve it for many years but seem to have been taken advantage of by everyone. Going bankrupt doesn’t sit well with me so I want to try and resolve this one last time.

Any advice would be gratefully appreciated.
Thank you so much!

StressHead

Please can someone give me some advice pn my post above. Feeling quite desperate about the whole thing and keep checking MSE every 10 mins!

BigCraigJohn

I replied to your other post and sent you a pm.
Got to ask, what DMP company are you using?, if they are charging a fee you need yo drop them. Also if there is a fee then they probably get a cut of what you pay ie the more you pay the more they get hence why they are probably continuing to pay an unenforceable debt.
If it was me I would sack off the DMP company immediately then see exactly where you are.
Also just because they send you a CCA it doesnt mean that the debt is enforceable, infact they dont have to send and original which most wont and a fair amount are unenforceable anyway.

Dont go rushing into bankruptcy as theres a very realistic chance that some of your debts will be unenforceable, and do some serious reading on CCA, have a read on consumer action group, all about debt etc and avoid sites that ask you to put in your details as you'll never get rid of them because they will be offering to do it for you(for a fee).

What sort of debt are we talking and from when does it date from?, also what assets do you have?

StressHead

Hi BCJ,

Thanks for the PM. I was with Grass Roots Financial (who I now believe have far too many connections to Cartel for my liking). I have stopped using them with immediate effect. They were making over £50/month off me. I then wrote the 12+2 day letter (of which yesterday was the 14th working day) requesting a CCA to all the companies who were chasing me for money (some are with the original creditor still and some are with DCA). What letter do I send now?

I thought that if they produced a CCA then it was enforceable? Seems I need to do more reading... thank you for the links.

In terms of the debt, I have unsecured credit card debt, unsecured loan debt and an overdraft on an account I no longer use. I also have a personal loan for a car which was taken out by the garage on my behalf. When I tried to include this debt in my DMP, they said that they would force me to sell the car or to hand it back and they would sell it. I would then have to pay the difference or put the difference in my DMP. I need the car for work though so I have continued paying them and I'm up to date with this debt. The car is the only 'asset' I have although I'm not sure if it classes as an asset due to the fact that I still owe money on it? Credit Cards were taken out between June 2000 - Sept 2006. The loan was taken out Sept 2006. The over draft defaulted in June 2009. Personal car loan was taken out in Feb 2007.

I don't even know where to start with all this... feel like crying!

BigCraigJohn

Good move, thats £50 a month that should be going towards debts rather than lining some greedy firms pockets. Payplan and CCCS will do the same thing free if you decide to go that way again however they will not have anything to do with disputing debts on the CCA.

Look at it this way, the worst that could possibly possibly happen is you are taken to court and get a ccj, you would only ever pay an amount you can afford.

Please relax and take a breath, you wil deal with this much better if you are not stressing about it. Nobody is going to come round if you dont want them too, you wont get bailiffs unless you default on a ccj. Sure they can ring you but if you refuse to confirm your id they will not do a thing, you wont go to prison and and regardless of how you may be made to feel buy creditors you are not a criminal.