CCA request and CCCS...

Maharishi

barbiedoll wrote: »

Surely you could just CCA the debt whilst still paying through CCCS? I know the thought of paying Crapquest whilst the debt is officially in dispute will stick in your throat but remember, they have 14 days to comply with the request so with a bit of luck, you may only have to pay one or two months before you can (hopefully) get rid of the debt. And if the debt is in the hands of CQ anyway, you will already be defaulted on your credit file, they can't default you again!

I would send the CCA letter anyway and keep on with CCCS for now. As Hannah says, by playing "nice", you will still have CCCS doing the legwork and if there is any way that the debt can be got rid of, you can let CCCS know that you'll be going it alone from then on.

And maybe you could start a new DMP with, say, Payplan?

Do let us know what you decide. And good luck!

Thanks Barbie. Yes it would stick in my throat somewhat but you are right that the CCCS help is worth considering, plus a couple more payments are neither here nor there as I will either a) Get back down to the correct balance or b) Stop paying and let them go whistle for it.

I'm not sure that a new DMP with a different company is possible as they probably have the same rules as CCCS; all or none.

Defaults on credit files are not an issue. As I have said elsewhere, I will NEVER be applying for credit again in this lifetime in any shape or form. It's not for me, plain and simple.

I just wonder how much grief these companies give you if you take the CCA route and then stop paying when they cannot produce it. I don't imagine for one minute that they just melt away. Perhaps someone could tell me what has happened from past experiences?

M

barbiedoll

If they cannot produce a valid CCA, then although they can't argue the case in court, it won't stop them threatening to do so. If they realise that you know your rights and that you aren't going to pay, then they may sell the debt on to another DCA and you'll start the usual merry-go-round of threatograms, phone calls etc etc, which as you know, can be dealt with by sending a few letters from here!

The upshot is, even if they cannot legally force you to repay the debt, they probably won't stop trying, at least for a while. How much that will bother you is for you to know. But personally, a few "scary" letters wouldn't particularly worry me, especially now that I have all of the DFW members' knowledge and experience to fall back on! :T

Hannah_10

Maharishi wrote: »

No, that's correct. I am at pains to get the (approx) £250 interest removed as the reason CQ are 'applying' it is completely untrue. They are claiming a late or missed payment back in March 2010 but the CCCS record of payments to CQ, on my behalf, show this to be false.

Call the FOS http://www.financial-ombudsman.org.uk/

Hannah_10

Maharishi wrote: »

Defaults on credit files are not an issue. As I have said elsewhere, I will NEVER be applying for credit again in this lifetime in any shape or form. It's not for me, plain and simple.

In which case I would be wondering in bankruptcy was for you. It wont be if you have assets, but if you don't then that could sort it all out rather neatly. There is a kind of BR-lite as it were, called a DRO (debt relief order) which might also be worth investigating. You always need professional advice before you go for BR, DRO or other insolvancy.

joolz43

I was with the CCCS for about 4 years and had really good advice and support with them. However there was a consistent problem with the timliness of payments as perceived by creditors at times. My payments were made on 1st of the month, but it wasn't until 21st of month (and sometimes later) that the money reached the creditor. Most were fine with this, but one or two were not and sometimes accused me of not paying on time. In the end, partly because I didn't want to put up my payments when the CCCS said I could afford it and I was living with job uncertainties I left.

None of the creditors have given me any problem, and I have been able to pay on time (as they perceive it), I have also increased my payments as required. What has happened in the end though is that I have paid the debts off at different times (the first one a year ago) most are now finished but 3 remain (one of these I am paying interest because of my own weakensses in holding the line). This makes me wonder if the money as allocated fairly by the CCCS at all?

Maharishi

Hannah_10 wrote: »

Call the FOS http://www.financial-ombudsman.org.uk/

I did that Hannah (see first post), and I received confirmation in the mail today that they have indeed written to CQ about this matter. They have advised me to wait 8 weeks and, that if it is not resolved to my satisfaction by then, to contact them again and they will take it further.


I also received a hard copy from CCCS of my payments record and this does indeed show that my payments left CCCS on time via bank wire, so the CQ 'statement' is total b*llocks.

Thanks

M

Maharishi

Hannah_10 wrote: »

In which case I would be wondering in bankruptcy was for you. It wont be if you have assets, but if you don't then that could sort it all out rather neatly. There is a kind of BR-lite as it were, called a DRO (debt relief order) which might also be worth investigating. You always need professional advice before you go for BR, DRO or other insolvancy.

BR is not an option and I think DRO is off of the table too because, although the house in in my wife's ownership, I have made contributions towards it over the last 13 years and I am told that it could be perceived that I have equity in it. Would make it complicated and messy and my wife does not want any involvement whatsoever in my bad debts, which is something I can understand. Especially as she is a vigilant pay-on-the-nail-on-time person. It's a characteristic that I admire, shame I didn't have the money manage gene...

M

Maharishi

joolz43 wrote: »

I was with the CCCS for about 4 years and had really good advice and support with them. However there was a consistent problem with the timliness of payments as perceived by creditors at times. My payments were made on 1st of the month, but it wasn't until 21st of month (and sometimes later) that the money reached the creditor. Most were fine with this, but one or two were not and sometimes accused me of not paying on time. In the end, partly because I didn't want to put up my payments when the CCCS said I could afford it and I was living with job uncertainties I left.

None of the creditors have given me any problem, and I have been able to pay on time (as they perceive it), I have also increased my payments as required. What has happened in the end though is that I have paid the debts off at different times (the first one a year ago) most are now finished but 3 remain (one of these I am paying interest because of my own weakensses in holding the line). This makes me wonder if the money as allocated fairly by the CCCS at all?

Welcome to my world Joolz and thanks for that.

Before I started out with CCCS I attempted to do my own DMP plan but none of the creditors then (2007) would accept my SOA. They said that it had to be done by a third party to be accepted (CAB, CCCs etc), and so that is how it all started.

The payment date discrepancies is odd though. No one else in 4 years has claimed late or missed payments, just this horrible lot. The one thing that I do find strange is how the monthly pot is divided. I would have thought that you would offer the creditors a proportion of the 'pot' available in line with their percentage holding of the total debt? That way everyone gets a fair share and gets paid off at the same time...?

Kindest,

M

Maharishi

Further update.

Had an unexpected call today from CQ's Compliance Department. Seems they have indeed received communication on my behalf from the Financial Ombudsman and were concerned enough to get this lady - the Team Leader, apparently - to investigate my case.

Have to say that she was very nice and was almost bending over backwards to help me, so I assume that the FOS do indeed put the Fear of God into these DCA's.

The result (short version) was that CQ have removed the interest, and placed something on the account which prevents it being called a default if the CCCS payments are late ever again, etc.

This is to be confirmed in writing later this week.

So how do I feel about all this?

a) Annoyed that I had to go to the FOS to get to deal with someone who didn't just recite passages from the manual.
b) Happy that the interest has been removed
c) Pleased that 'assurances' have been given re any possible repetition
d) Pleased that I can now continue with my DMP via the CCCS

BUT, the Hornets' nest that has been stirred up by all this makes the CCA route very tempting. On the one hand, I had the money all those years ago and spent it. On the other, Sky saw fit to sell 'me' on at a vastly reduced price and having paid £928 off of a starting £4895, CQ are probably already in pocket on this. It's a moral dilemma that sits very uneasily with me. The ideal solution for me would be to get hold of enough cash to pay it off at a massive discount. That was it would be a win - win for all of us I guess.

Comments and advice welcome as usual please...

M

BigCraigJohn

Do you own a house?
If you do not I would send CCA requests straight away, youve nothing to lose and its a legal right. They know you are skint clearly so I doubt it'll be a suprise. No assets to protect so you may as well.
If you do, i'd still send it and see what comes back, if its tight and they send something good or possibly good then you can continue on a dmp or let them send to a dca where it will be frozen for sure. If its bad or they dont have anything then you have a solid defence should they ever go to court, put the account into dispute and wait for the harassment, send the correct letters (see all-about-debt forums for templates).

Like has been said, challenging the CCA is not easy and will take some work but if it gets you back on course then worth a go.