My Situation.... Please Help

pubgolf

So in theory its a way to put them on hold for a little while, so is there any cases on MSE that have been documented that people have walked away because of this?

Thanks

sanfrancisco

Why has no one suggested ringing paypal or CCCS?

They are free charities who will advise you best.

Basically they will work out a realistic income/outgoing spreadsheet for you and whatever is left they will divide up between creditores. They then contact the creditors and offer what you can afford.

I have a feeling they may think some of the items on your SOA will be too high though (sky etc).

moonlightpjs

have a read of this and see if it helps at all:-

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/78547-no-credit-credit-agreement.html

Also, if the worst came to the worst and the CCA was produced by either the bank or DCA and you have to pay the debt, then the DCA will agree a repayment plan with you, if you do not keep to the repayments then they can apply for a CCJ which could mean baliffs. When they go for a CCJ you will receive a letter from the court asking if you ackwoledge the debt and if so ask for your income and expenditure to agree a repayment of the CCJ. Then and only then, if you dont pay the CCJ can they send the baliffs.

So if the CCA is produced by the DCA it would be in your best interest to pay an agreed amount thus preventing it from going to court.

moonlightpjs

sanfrancisco wrote: »

Why has no one suggested ringing paypal or CCCS?

They are free charities who will advise you best.

Basically they will work out a realistic income/outgoing spreadsheet for you and whatever is left they will divide up between creditores. They then contact the creditors and offer what you can afford.

I have a feeling they may think some of the items on your SOA will be too high though (sky etc).

I totally agree - they will point you in the right direction and offer free advice and help with your debts. This would be the best thing to do in my opinion. Apologies, I just thougt you were asking about a CCA.

pubgolf

Just spoke with Nationwide and have been informed CCA's are only on a loan or something, but this is for my flex account, so when I opened my account I would be agreeing to there terms and conditions?

Thanks

pubgolf

I will contact them for advice on this, just wondering on the above though...

BAILIFFCHASER

weller711 wrote: »

have a read of this and see if it helps at all:-

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/78547-no-credit-credit-agreement.html

Also, if the worst came to the worst and the CCA was produced by either the bank or DCA and you have to pay the debt, then the DCA will agree a repayment plan with you, if you do not keep to the repayments then they can apply for a CCJ which could mean baliffs. When they go for a CCJ you will receive a letter from the court asking if you ackwoledge the debt and if so ask for your income and expenditure to agree a repayment of the CCJ. Then and only then, if you dont pay the CCJ can they send the baliffs.

So if the CCA is produced by the DCA it would be in your best interest to pay an agreed amount thus preventing it from going to court.

the bailiffs only come into it when it gets that far. till that bridge comes do the cca. then we will croos that bridge as and when it comes(if ever). Also remeber most of the staff do not even know what is going on law wise. I believe you may have been mis advised by the nationwide.!!!

BAILIFFCHASER

pubgolf wrote: »

Just spoke with Nationwide and have been informed CCA's are only on a loan or something, but this is for my flex account, so when I opened my account I would be agreeing to there terms and conditions?

Thanks

so what they are saying is that if you are chased by a debt collection agency they can chase you just because you have opened a flexi account? That is completely misleading. the dca would still need to produce a agreement for the account as well. Ignore them !!!!

pubgolf

Well the debt guy from nationwide called me, so I said to him can I have a copy of the CCA, and he said that a credit agreement is only for loans or credit cards, and a flex account is run on terms and conditions.... not too sure where to go here...

onedayiwill

Also its not an overdraft as there was no overdraft ever taken out, just overdrawn

This is called an unauthorised overdraft. On the nationwide flexaccount, written in the terms and conditions, it is charged at 24.9%. When you open a bank account you agree to the terms and conditions. You should have a copy of the terms and conditions from when you opened the account, but if it has been mislaid you can request a copy.

They also charge £20 per month for being in unauthorised overdraft.
£21.50 for any guaranteed cheque they clear when you don't have enough money
£30 for any unpaid cheque (that was not guaranteed) or DD becuase you do not have enough funds in your account.


Make sure you cancel any regular payments going out of this account! Otherwise the charges will build up.

However, you should be able to claim the charges back as "unlawful and unfair" but the interest will still apply unless you can get it stopped.

I think it would be really helpful for you to go to the CAB and see what they can help you with.