DMP Mutual Support Thread - Part 12

the-mrs

You would be surprised how lax some lenders actually are.

CCA (consumer credit act) sec 77/79 the right to ask for information about your credit accounts, in the form of a copy of your credit agreement.

Failure to comply could render the account unenforceable.

Information and template letter here :

https://www.nationaldebtline.org/EW/sampleletters/Pages/Information-about-your-agreement-under-the-Consumer-Credit-Act-%28sole-name%29.aspx

Read up on the process first, or google CCA request.

Thanks for that, much appreciated.

LexieLou

Louisejane123 wrote: »

I have finally decided to make a change and get rid of this debt. I am so young im ashamed that this has even happened but at least I!!!8217;m starting now and can get rid of it ASAP.



If anyone wants to fplllow my journey I will be posting frequently as I!!!8217;ve been reading these forums quite abit and they are so helpful!

Hello and welcome,

I wish I had been as wise as you and faced up to my issues 10 years ago....

We're all with you

Lots of Love

LL xx

2ndTimeAround

Evening
It's taking a lot for me to write this, but I have to admit we're drowning. Please please don't judge me. We went bankrupt in 2009, and are now in so much debt that we need a DMP. I know we should have learnt from before, and we did for a few years. But then stuff happened, like broken cars/replacements, broken applicances, generally not having enough coming in to meet outgoings, buying stuff that we probably could have lived without, gets bills, takeaways etc
We've tried cutting back, consolidating, 0% balance transfers. We've tried to stay afloat. We're not. It's time to ask for help, but I'm so deeply ashamed.

I have questions that I'm hoping someone may be able to answer.
Will we get hassle/humiliated for having done this again?
Is it better to start the process before missing any payments but when you know you won't be able to make them in the future?
I think we may be able to clear my credit card, the sheer majority is in hubby's name as he works full time and I just have a hobby business. Can just one person do it?
Do we need a new bank account (have debts with both banks we bank with)? Should we do it in just my name?

Thank you so much for reading. Sorry to be such an obvious hopeless case

bumblebee78

bumblebee78 wrote: »

Hi everyone. As kindly suggested, I CCA'd Barc Card for my two cards on 6th April. They have sent a reconstituted agreement for one: letter enclosing 1 page with a block relating to cancellation period and two sheets of conditions (one is double-sided) - my name and address are on one page and there is no signature. There is a date and time stamp printed in two places but it is not the same each time :huh:. I will double check this later but has that any bearing? (not at home at the moment).

I have not received anything at all about the second card that used to be with Egg - the letters were both sent in the same envelope so they can't say they got one and not the other!

I still have lots of questions and hope you don't mind me asking. I am sorting out a statement of affairs/income & expenditure to send out. Can I be cheeky and ask for suggestions as to how you all "bump" yours up?? I am trying to hold onto as much as possible for F&Fs in the future but don't want anyone querying the amounts I claim to spend on certain things that seem OTT to them.

I don't smoke but I will be taking a tip from here (January's, I think!) of putting a figure down for tobacco - no idea how much it actually costs though!!! I also don't drive and so would have no idea what would be an acceptable figure for this if I was trying to make out that I did!

I did a rough version of the NEDCAB one and at the end of it, some of the payments it was suggesting to creditors were over or very close to the current minimums. In the case of BC, it was showing as more than the 1% I want to pay to try to get no interest and charges applied.

I see there is a SC budget sheet example which has income and expenditure details, but does not show the breakdown of what you are able to pay creditors. Since I am using the NEDCAB self-managed route, is it acceptable to use the SC version instead of the NEDCAB one to send to creditors? Do you HAVE to show each creditor what you are paying (and what you owe) to your other creditors? I want to be able to tweak who gets what!!

Sorry to bump this up but can anyone help answer any of my questions?

Still nothing received about the second CCA from BC - sent on 6th April

[Deleted User]

bumblebee78 wrote: »

Sorry to bump this up but can anyone help answer any of my questions?

Still nothing received about the second CCA from BC - sent on 6th April

bumblebee, sorry your questions haven't been answered before. I hope someone will be along soon who can help you.

I'm in a tearing hurry myself but just wanted to reassure you (or otherwise) about the speed of responses to CCA requests.

There is a set time within which creditors are supposed to respond but I can't remember offhand what it is:o. Sorry. I expect someone will put you right on that.


The recipients sometimes write back on receipt to say they are working on the request. A lot don't bother with that step:(. Either way, once a CCA request has been received all collection of payments is put on hold until the paperwork is sent.


One of my creditors took over 8 months to supply the paperwork but wrote to me every couple of months to thank me for my patience:rotfl: and to let me know that they were working on it. I didn't have to pay them a penny for the whole of that time either:j

Suseka97

bumblebee78 wrote: »

Sorry to bump this up but can anyone help answer any of my questions?
Still nothing received about the second CCA from BC - sent on 6th April

Looking back there was a flurry of activity around the time of your post, so I guess it got lost - so good to bump

I don't have the expertise regarding the CCA paperwork, particularly the copy agreements, supplied following a CCA request. But if you are in doubt it's worth going on the 'All About Debt' forum for advice. On that forum they have legal experts who can help you out.

I submitted 6 CCA requests last July and it took the two companies concerned (PRA and LINK) several months to respond. PRA acknowledged receipt and kept me informed of progress (eventually confirming those accounts are currently UE) where as LINK never acknowledged, took much longer to provide paperwork and when they did it was missing the most important bit, that being the copy agreement! Go figure. So I've been ignoring them ever since.

The NEDCAB website is a great resource -but you don't have to use their templates. You can draw up your own I&E, just use theirs and the SC one for guidance so that you capture all your expenditure items. As to showing what you owe and will be paying other creditors - I'd say that's up to you. If the NEDCAB one is allocating over the minimums you obviously won't get them to stop interest and neither will they default (or have they done so - sorry, can't quite recall where your at with this). You can manipulate your outgoings to reduce the amount you have left - but of course, although a DMP is not a race, I guess you don't want the time it'll take to clear to be too extensive either - you need to find the right balance for you.

Creditors will eventually accept whatever you offer, or sell debts on to DCAs who with also then take whatever you can offer. They can't have what you haven't got

Hope that helps.

sourcrates

bumblebee78 wrote: »

Sorry to bump this up but can anyone help answer any of my questions?

Still nothing received about the second CCA from BC - sent on 6th April

Well its only been a few weeks, these things take time, you could send a short reminder letter to them, lots of old egg accounts were unenforceable due to glaring irregularities in their credit agreements.

Whilst you are waiting the account is unenforceable in court, until they do respond, i shall go out on a limb here and say with some degree of certainty that they will not be able to provide you with much resembling a credit agreement, but we shall see.

bumblebee78

Thanks very much carbootcrazy and Suseka97 - your responses are very helpful. (Edit: and also now to Sourcrates!)

I'm just at the start of organising the DMP and have only just begun to miss payments - I think I will do as suggested and just make up my own I&E for sending out. I foresee that I may take up smoking and acquire an expensive to keep pet in the near future ...

Helpme34

Old_and_bold wrote: »

To,
Carbootcrazy, thank you so much and good luck.
Sourcrates, thank you for the link.
Helpme34, after advice from a friend I did a little reading on the subject and then used the Nationaldebtline and their sample letters to request a CCA. I tried to download a link to the site, but being a newbie
I was advised not to sign the letter just print my name and enclosed a postal order for £1 to each DCA.
To my surprise most returned the postal order and they were all swift with the good news !!
I was surprised how easy the whole process was and secretly would have been pleased if only one came back non enforceable.
I now intend to manage this myself and will keep you all posted of my progress.
I wish you the very best of luck with your quest.

OaB

Hi OAB

Thanks for the info re CCA's. I was thinking of going self managed as i am currently with Payplan. But now thinking maybe i should wait until i hear back from the DCA's re the CCA requests and then go self managed? Does that sound like the right thing to do?
Thanks

Onebrokelady

Talesin wrote: »

Hi,
Just to give people hope and to show there is light at the end of the tunnel, I have half a monthly payment left. From May 11th I will be debt free after 8 years of payments to PayPlan. It!!!8217;s not always been easy buy It!!!8217;s nice to know I am clear, I now only have to finish off paying for my house in about 5 years.
The odd thing is trying to look to rebuild my credit when I don!!!8217;t really want to take on any again, also trying to work out how to invest to boost my pension.
It!!!8217;s often hard but the feeling of being debt free is amazing, good luck.

Thanks for posting this,it's good to read of someone else who has been on their plan for the same time as I will be on mine,I've just started and I'm only on payment 3 but it's the best thing I have done financially in a long time,I can't wait until I can post that I'm debt free:beer: