Re CCA & debt enforcement

bluemonday3

Hi
I am looking for some advice. I have been in a DMP with CCCS since Sept 2009 and now all but one creditor has frozen interest. Creation which was a store card have reduced interest but in the last 2+ years I have repaid them £814.79 but only reduced the debt by £82.65!!
I am constantly asking them to freeze this but they do even respond.
I have written to FOS but not sent this yet as I have looked at the CCA again that I requested in 2010 and all they have sent me is the CCA with my name & address printed on it but without my signature or any other details. This was apparently from 2001.
I have a dilemma in that as much I want to clear the debt, this is going to take forever. What would happen if I stopped making payments? I am aware that CCCS would frown on this and there is the problem.
Does any one know the consequences of not paying and also what CCCS would do, I am assuming that I would lose their support?
Sorry this is long winded I feel very stressed about it all.

nottoolate

they may take court action which you may look into defending on the cca breaches. more likely they would just sell on to a debt collector

if they are not stopping interest and charges then you may not have a lot to lose. if it went to court you could get the charegs stopped at least

bluemonday3

thanks for this info. Not sure what to do for the best. Hate the stress of it but feel aggrieved by the interest charges. Also not sure what CCCS would say?

bluemonday3

thanks, I want to do this as feel that I have done by best but there are making things worse but worried about what CCCS will say and will this jeopardise the DMP?

nottoolate

doing so would be a calculated risk. that they dont find an agreement. that a judge would see it your way in court. that something else doesnt come in to play. for example if the account was taken out online a signed agreement isnt required if after 2004

an alternative might be stopping for now. letting it get sold to a dca who might be more likely to freeze charges and interest. then pick up payments again.


you need to talk to cccs if you intend to carry on with the dmp

bluemonday3

thanks again. I will contact CCCS and send off my complaint for what it's worth.

endora

nottoolate wrote: »

for example if the account was taken out online a signed agreement isnt required if after 2004

The OP clearly stated the agreement was from 2001...

nottoolate

endora wrote: »

The OP clearly stated the agreement was from 2001...

yes. i missed that in amongst the other dates. thanks.

StepChange_Pavan

bluemonday3 wrote: »

Hi
I am looking for some advice. I have been in a DMP with CCCS since Sept 2009 and now all but one creditor has frozen interest. Creation which was a store card have reduced interest but in the last 2+ years I have repaid them £814.79 but only reduced the debt by £82.65!!
I am constantly asking them to freeze this but they do even respond.
I have written to FOS but not sent this yet as I have looked at the CCA again that I requested in 2010 and all they have sent me is the CCA with my name & address printed on it but without my signature or any other details. This was apparently from 2001.
I have a dilemma in that as much I want to clear the debt, this is going to take forever. What would happen if I stopped making payments? I am aware that CCCS would frown on this and there is the problem.
Does any one know the consequences of not paying and also what CCCS would do, I am assuming that I would lose their support?
Sorry this is long winded I feel very stressed about it all.

Hi bluemonday3 and thanks for your post.

Try not to stress as there will be a solution for you. It’s a bit tricky as you can’t choose to not pay one of your creditors whilst on a DMP.

As I don’t have access to all your information, it’s best that you get in touch with our support team as they can look into this further for you. If you prefer, you can send us your client reference number to [EMAIL="contactus@cccs.co.uk"]contactus@cccs.co.uk[/EMAIL] and I will get someone to contact you.

Kind regards,
Pavan