DMP Mutual Support Thread - Part 12

sourcrates

CCA requests should be sent to the normal customer services address of your creditor, or debt collector.

They should be addressed to the compliance officer or compliance dept.

usedtobeblue

Hi, just a quick question, can i send off for CCA's even though i am not self managed? Im only at the start of my DMP and a little unsure! Also most of my credit agreements are in the last 5 years, is this still worthwhile? Thanks in advance.

sourcrates

usedtobeblue wrote: »

Hi, just a quick question, can i send off for CCA's even though i am not self managed? Im only at the start of my DMP and a little unsure! Also most of my credit agreements are in the last 5 years, is this still worthwhile? Thanks in advance.

Anyone with an outstanding credit agreement can make a CCA request.
The only stipulation is that a balance must remain on the account, thats it, its everyones right under the consumer credit act.

Fun_With_Flags

Hello,

We have been on a DMP with SC for just over six years, and all has been ticking along quietly, However;

One of our debts has been sold to Hoist Portfolio (originally Barclays Partner Finance) we were defaulted shortly after the DMP started, although BPF sent a couple of letters saying they had missed some details but had since sorted the issue – they never actually registered the Default. Now Hoist have registered the default as being over a year after the DMP started & will therefore be on our credit file until next year. We did write to BPF to ask that they amend the date but have not heard anything. Hoist have since written to us offering to settle the debt at a 30% discount but no mention of the default date. Should we raise the default issue with Hoist directly? & will we be able to get anywhere?

Another of our debts has been bought by Link (originally Barclay Card) Barclay card defaulted the account which has now dropped off our credit file – but Link have the account registered as an open account with payments currently up to date. If the account is registered as defaulted how can the same account be open? I’m worried as Link have been sending us statements since they bought the account (roughly two years now) & the amount they mark as payable changes each month but has been increasing (even though they always receive the same payment each month). Can they start to mark the credit report as being underpaid.

I’ve also been reading the posts on here advising to request the CCA for debts is this something we should do? or even could do while being with SC ?– to be honest I’m worried about rocking the boat & the debt comps possibly heading down the CCJ route.

I’m sorry for the really long post (& I hope my rambling makes sense) but I’m so worried as we are going to need to apply for a new mortgage shortly & I can’t seem to think clearly to know how to move forward.

Many thanks

Funwithflags

sourcrates

Fun_With_Flags wrote: »

Hello,

We have been on a DMP with SC for just over six years, and all has been ticking along quietly, However;

One of our debts has been sold to Hoist Portfolio (originally Barclays Partner Finance) we were defaulted shortly after the DMP started, although BPF sent a couple of letters saying they had missed some details but had since sorted the issue !!!8211; they never actually registered the Default. Now Hoist have registered the default as being over a year after the DMP started & will therefore be on our credit file until next year. We did write to BPF to ask that they amend the date but have not heard anything. Hoist have since written to us offering to settle the debt at a 30% discount but no mention of the default date. Should we raise the default issue with Hoist directly? & will we be able to get anywhere?

Another of our debts has been bought by Link (originally Barclay Card) Barclay card defaulted the account which has now dropped off our credit file !!!8211; but Link have the account registered as an open account with payments currently up to date. If the account is registered as defaulted how can the same account be open? I!!!8217;m worried as Link have been sending us statements since they bought the account (roughly two years now) & the amount they mark as payable changes each month but has been increasing (even though they always receive the same payment each month). Can they start to mark the credit report as being underpaid.

I!!!8217;ve also been reading the posts on here advising to request the CCA for debts is this something we should do? or even could do while being with SC ?!!!8211; to be honest I!!!8217;m worried about rocking the boat & the debt comps possibly heading down the CCJ route.

I!!!8217;m sorry for the really long post (& I hope my rambling makes sense) but I!!!8217;m so worried as we are going to need to apply for a new mortgage shortly & I can!!!8217;t seem to think clearly to know how to move forward.

Many thanks

Funwithflags

Yes, send a written complaint to them, give them 8 weeks to respond, then if not satisfied, escalate to the ICO who deals with data issues.

Requesting CCAs is your right under sec 77/79 consumer credit act, and you cannot be penalised for doing so.

Fun_With_Flags

Thank you for your advice and replying so quickly Sourcrates.

Could I please just check - am I right to complain on both issues to both Hoist & Link?

Suseka97

Fun_With_Flags wrote: »

Thank you for your advice and replying so quickly Sourcrates. Could I please just check - am I right to complain on both issues to both Hoist & Link?

I imagine the answer will be yes.

You may not get anyway with Hoist in terms of backdating the default, but its worth a try - also, if they are offering to settle at 30%, you might want to consider a counter (lower) offer as it seems they are keen to move you off their books,

As to Link - well that's darn sneaky. An account cannot be defaulted more than once, and if the balance is increasing then they are definitely adding some sort of interest and/or charges. So write to them setting out clearly when the account was originally defaulted (does this show on your closed accounts, perhaps) and tell them that if they don't remedy this you will be escalating your complaint to the ICO.

Also, send CCAs off - as is your right. Doesn't matter if you are in dispute with them over anything else, but might make them (Hoist and Link) sit up and take notice that you know your rights and plan to fight your corner.

sourcrates

Fun_With_Flags wrote: »

Thank you for your advice and replying so quickly Sourcrates.

Could I please just check - am I right to complain on both issues to both Hoist & Link?

Yes involve both of them, make them work for their blood money.
Also get your CCA requests sent in as well, as suggested.
Make sure you quote relevant regulations regarding the default, from memory, its conc 7.3 FCA handbook, treatment of customers in default (Google is your friend).

Read up on it first.

Also ask for £100 compensation for your trouble from each, show them you are not a doormat.

Fun_With_Flags

Thank you for you reply Suseka97 - I did double check & Link have not been adding any interest or charges, just increasing the monthly amount payable month after month, even though being in DMP they always receive the same amount.

I will be sending off my CCA requests and writing to both Hoist & Link today, many thanks Soucrates.

weightlifted87

Hi everyone,

Quick update on where we're up to - we've had all the paperwork from SC, which I haven't sent back yet. I asked them if they could start our first repayment in Sept - I'm a student and get my next installment of student loan then, which they have include as income in our budget. They said first repayment would really need to be no later then August, which would mean we'd have to magic the money from somewhere as without my student loan we are 600 short a month. We're OK without the payment until then as we have a bit of breathing space now that all direct debits to creditors have been cancelled. What should I do about convincing them that September should be out first repayment?

Re. CCAS, do I do this before I submit all the SC paperwork or alongside? I'm a student, work part time and have two children. Hubby works full time and has a side job in evenings too so as you can imagine we are very very busy. I'm worried CCAS will take a lot of time which we don't have so feel like just letting SC sort the payments and bring debt free in 6-7 years is the way forward. Is it bad that I'm just willing to let it roll and pay it all back? Part of me thinks we got ourself in this mess so we should just pay it all back?

As I mentioned we won't have much of an emergency fund but I'm not too worried as hubby will get a bonus at Christmas which will give us a lovely emergency fund and in the meantime we have family we could ask for help if we really needed it. Do you think that's ok?

So anyway I'm still contacting our creditors, they always seem to be closed in the evening after we've got the kids to bed! Trying to get our accounts all on hold. We've set up a new bank account which I'm just waiting for our essential bill direct debits to be transferred across. Am I right in thinking I should hold off on informing our existing bank of our situation until everything is transferred to the new account? I'm scared they're going to swipe our wages from the account or that it'll cause problems with all our bills that we are transferring and don't actually want to fall behind on.

Apologies for another rambly one! X