£10k in 12 months

sillysladey

What is a cca? Sorry not sure of the accranym

Kitten868

It's where you ask for the original credit agreement to prove the debt is enforceable. So they can't apply for a ccj. I'm not very smart at this so I don't know if that'll be a red rag to a bull for them. But look into all of this

sillysladey

Thanks. Will do.

fatbelly

sillysladey wrote: »

Hello, another update of events: credit card is sorted Boom! That's 1 off the list!!
But the loan has caught up with me, I spoke to them over the phone and agreed to pay £100 pcm. At the start of the year and I have been keeping up the repayments, only found out this week that despite that agreement because they now have my correct address they have gone as head and started legal proceeding and I should be getting a letter I think it's a county court claim.... They've asked for the full amount to be repaid or £50 per month.... Silly really when I'm already paying£100!!!!! But none the less I'm feeling deflated that my dreams of owning my own home by the end of the year may be about to take a huge blow if a ccj is issued against me....... Think this is a lesson to all people in my position, don't be so bloody honest!! had I not given them my current address they wouldn't have acted any further and just accepted the money!

There's no point them asking for you to pay £50 per month under a ccj when you are offering £100 per month outside one. It's a waste of their time and money.

They don't need your correct address to start a court claim.

This sounds like the sort of bullying tactics you get when you talk to a dca employee on the phone.

So make your F&F offer in writing using the National Debtline template, don't talk to them, and you might as well exercise your right to a copy of your credit agreement under the Consumer Credit Act (cca):

https://www.nationaldebtline.org/EW/factsheets/Pages/gettinginformationfromyourcreditors/creditagreementadvice.aspx

They can start a court claim but not get the judgement until they comply. If they do start a court claim,, go to http://www.legalbeagles.info/forums/forumdisplay.php?105-Received-a-Court-Claim

sillysladey

Hello, Another question which has been pondering me.....
My Loan was for a total of £17,926 which is broken down as:
Loan £8,500 +£4,825 interest = £13,325
PPI £2,935 + £1,666 interest = £4,601
O/s to date is £8,605

The money I am being chased for is the residual balance of the £17.9k, having tried to speak with the debt recovery company in the past they tell me they do not care weather the balance includes PPI or not and that I should have taken that issue up with the bank..... I did and they have repaid me for what repayments I made whilst under their management. Surely the bank have a duty to answer for by selling on what is effectively an 'acid loan' as not 100% of the amount is recoverable due to the PPI element? I am not a home owner and did not want PPi I was forced to take it out in order to obtain the loan. Any thoughts??

sillysladey

Hello, I would be really appreciative of your thoughts on my most recent comment??
Many thanks

sillysladey

Hello, Another question which has been pondering me.....
My Loan was for a total of £17,926 which is broken down as:
Loan £8,500 +£4,825 interest = £13,325
PPI £2,935 + £1,666 interest = £4,601
O/s to date is £8,605

The money I am being chased for is the residual balance of the £17.9k, having tried to speak with the debt recovery company in the past they tell me they do not care weather the balance includes PPI or not and that I should have taken that issue up with the bank..... I did and they have repaid me for what repayments I made whilst under their management. Surely the bank have a duty to answer for by selling on what is effectively an 'acid loan' as not 100% of the amount is recoverable due to the PPI element? I am not a home owner and did not want PPi I was forced to take it out in order to obtain the loan. Any thoughts??

Kitten868

You'd have to make a formal complaint to the original lender. State that you are still being required to pay the PPI element of the debt and that they need to buy that part back and close it. Do all it proper and legal with signed for postage etc and then escalate to FOS. I think that's all you can do. The DCA just bought a debt they haven't charged you PPI.

sillysladey

Hello All,
An update on progress & a couple of questions:
So the solicitors had me over a barrel by filing for a CCG and so I agreed with them via a Tomlin order that I would repay £1,000 upfront + £700 per month over the next 12 months. This repayment amount is crippling me, but on the positive I have avoided a CCJ on my credit file (for now!). A question I have is, how open to negotiating the repayment levels do you think the solicitors would be? I'd be hoping to reduce it to around £400 pcm, so I'm still making a reasonable repayment, only at a much more affordable rate?? Or once I've signed the Tomlin order do they have me hook line and sinker?

Secondly, to date I have repaid £2,400 under this new agreement. They have not reduced the balance on my credit report, however they did increase the balance by £560 when they incurred solicitor & court costs. Do I have a legal right to ask them to report the revised outstanding balance to credit reference agencies?

Many Thanks,

fatbelly

fatbelly wrote: »

So make your F&F offer in writing using the National Debtline template, don't talk to them, and you might as well exercise your right to a copy of your credit agreement under the Consumer Credit Act (cca):

https://www.nationaldebtline.org/EW/factsheets/Pages/gettinginformationfromyourcreditors/creditagreementadvice.aspx

They can start a court claim but not get the judgement until they comply. If they do start a court claim,, go to http://www.legalbeagles.info/forums/forumdisplay.php?105-Received-a-Court-Claim

Did legalbeagles help you to get a Tomlin Order?

What do they say about varying it?