DMP Mutual Support Thread - Part 12

spiffyiffy

Thanks Sourcrates.

Another question, regarding the CCA requests I have 3 debts with PRA Group; do I send the CCA request to PRA group or the original creditor?

Twins

Hi, wondering if someone can help me out on this. Today I've received a reply from Mint regarding my request for a copy of my CCA. What they've sent me seems to be a copy of the T's and C's.

I don't really know what I'm looking for, what make it unenforceable?

The letter they sent says: Your written request for information was made under section 78 (1) of the Consumer Credit Agreement Act (CCA). We are obliged to provide you with a 'true' copy of the credit agreement and a statement of financial information relating to the account, namely, the state of the account, amount currently due, with amounts and due dates of future payments that are to be made. Im terms of CCA copy document regulations, the 'true' copy requirement can be satisfied by providing a copy agreement at the date the card agreement was made providing a copy of the current terms of the cards agreement. i have enclosed section 78 (1) information.

The agreement isn't signed and looks like photocopies. So what do I do now?

Thank you!

sourcrates

spiffyiffy wrote: »

Thanks Sourcrates.

Another question, regarding the CCA requests I have 3 debts with PRA Group; do I send the CCA request to PRA group or the original creditor?

PRA group.

They are legally obligated to pass the request to the original creditor, it also has the benefit of informing them of your intentions, so that they will put accounts "on hold" until the requests have been complied with.

sourcrates

Twins wrote: »

Hi, wondering if someone can help me out on this. Today I've received a reply from Mint regarding my request for a copy of my CCA. What they've sent me seems to be a copy of the T's and C's.

I don't really know what I'm looking for, what make it unenforceable?

The letter they sent says: Your written request for information was made under section 78 (1) of the Consumer Credit Agreement Act (CCA). We are obliged to provide you with a 'true' copy of the credit agreement and a statement of financial information relating to the account, namely, the state of the account, amount currently due, with amounts and due dates of future payments that are to be made. Im terms of CCA copy document regulations, the 'true' copy requirement can be satisfied by providing a copy agreement at the date the card agreement was made providing a copy of the current terms of the cards agreement. i have enclosed section 78 (1) information.

The agreement isn't signed and looks like photocopies. So what do I do now?

Thank you!

There is no requirement for a signature.

How old was this agreement ?

Terms and conditions do not constitute a credit agreement.

They are attempting to bluff you.

Section (1) here, tells you what they should provide :

http://www.legislation.gov.uk/ukpga/1974/39/section/78

Twins

sourcrates wrote: »

There is no requirement for a signature.

How old was this agreement ?

Terms and conditions do not constitute a credit agreement.

They are attempting to bluff you.

I think it might be legit actually Sourcrates Just taken a closer look and see that they've got the financial information included and an electronic tick from 2008. Think I've got to accept this one

Tooashamedtopostmyname

I've started the process of a DMP with Step Change, it all sounded great at first until I called them for some clarification and now I'm really worried this is going to make things worse. At the moment I never miss a payment but my interest rates on everything is so high and I have zero money left to live on after I make all my monthly payments that I have to do this. I'm just worried that the creditors won't freeze interest, I'll get stuck with more debt, more interest, debt collectors, court orders etc. I can't get any court orders or I'll lose my job!!

Can anyone shed some light on how likely creditors are to freeze interest and accept the payments?

Anyone who has been on a DMP for a few years, what's your experience of it been like?

My creditors are HSBC, Barclaycard, MBNA, Next Retail and Halifax. Total of £23k

I just don't want to make things worse for myself but at the moment I live on credit to survive which is increasing my debt.

sourcrates

Tooashamedtopostmyname wrote: »

I've started the process of a DMP with Step Change, it all sounded great at first until I called them for some clarification and now I'm really worried this is going to make things worse. At the moment I never miss a payment but my interest rates on everything is so high and I have zero money left to live on after I make all my monthly payments that I have to do this. I'm just worried that the creditors won't freeze interest, I'll get stuck with more debt, more interest, debt collectors, court orders etc. I can't get any court orders or I'll lose my job!!

Can anyone shed some light on how likely creditors are to freeze interest and accept the payments?

Anyone who has been on a DMP for a few years, what's your experience of it been like?

My creditors are HSBC, Barclaycard, MBNA, Next Retail and Halifax. Total of £23k

I just don't want to make things worse for myself but at the moment I live on credit to survive which is increasing my debt.

Hi,

I would advise you to read through some of the posts on this thread, everyone asks the same questions as you at first, you cant continue to live on credit, it has to end at some point.

Dont worry about creditors not freezing interest, normally, they do, if they dont, you keep writing to them, pestering them, until they do, simple.

On occasions debts are sold or passed to debt collectors, they are nothing to worry about, and if anything, can be easier to deal with, than the original creditor, in either case, your payments remain the same.

Court action is very rare, and extremely unlikely if your repaying via a DMP.

motivated

Tooashamedtopostmyname wrote: »

I've started the process of a DMP with Step Change, it all sounded great at first until I called them for some clarification and now I'm really worried this is going to make things worse. At the moment I never miss a payment but my interest rates on everything is so high and I have zero money left to live on after I make all my monthly payments that I have to do this. I'm just worried that the creditors won't freeze interest, I'll get stuck with more debt, more interest, debt collectors, court orders etc. I can't get any court orders or I'll lose my job!!

Can anyone shed some light on how likely creditors are to freeze interest and accept the payments?

Anyone who has been on a DMP for a few years, what's your experience of it been like?

My creditors are HSBC, Barclaycard, MBNA, Next Retail and Halifax. Total of £23k

I just don't want to make things worse for myself but at the moment I live on credit to survive which is increasing my debt.

Hi I just wanted to add that I have credit cards with BARCLAYCARD x2 MBNA x2 & 2 Loans with HALIFAX totalling over £80,000 :eek: Up until I started my DMP I haven't missed a payment on any one of them. I contacted the CCs through the secure messaging service on our accounts and explained our situation. Not too much info just said we are having financial difficulties and would be unable to keep up with repayments. I told them I was in touch with stepchange etc. They replied with a nice response actually saying they would freeze interest and charges and will work with us and SC to sort it all out. Although at one point Halifax and Barclaycard added interest over 2 months. By then I had the courage to phone them and challenge it. They promptly refunded any interest they had added after I told them about our situation.

All creditors accepted the payments no questions asked. I personally had no threatening letters or calls. (So far)

I have made 2 payments through SC and have since gone self managed. You will be surprised at how supportive the creditors can be as long as you are not ignoring them and keeping them up to date with how things are doing etc.

I am still very much a newbie to all of this but I can honestly say I worried and panicked over nothing.
Good luck

Sourcrates helped me to see the light and gives honest advice. He is :A
M

Julie67

leanne12345 wrote: »

Hi Julie,

Can I ask how old your unenforceable debts are? I'm trying to work out if it's worth sending CCA requests to all of our (20:eek:) creditors or just some of the older ones.
Fingers crossed the rest of yours turn out to be unenforceable too :T

Yes, they are all only 3 or 4 years old other than our biggest with hsbc (Cabot) which is maybe 5 years old, so definitely worth a try for them all

mica2

Hello,
I'm back after a couple months break. I am into my DMP now and feeling goodish apart from nuisance calls and texts from Lloyds, but I looked on the SC website and they suggest sending one of their template letters to tell them to bog off.
Anyway, I found an advert yesterday by nationaldebtline.org asking if I might be accepted for most of my debts to be written off by a government scheme? I feel a bit naive about this so am worried I'm going down a dodgy path. The reckon I could cut my debt by £13k, I currently owe £19k. The IVA company have been constantly calling me to discuss today but as they've been so pesistant it's got my back up as they seem desperate. Is this something I should look into? If so what is the catch as it sounds to good to be true!