Lets All Ask For Our Cca!

stapeley

I have read on other posts about people unhappy with there DMP company. I wonder if they ask for their clients CCA , and then if they are not provided , what do they do ? Would these companies forward payments without proof of assignment or the CCA ? Would they also offer greatly reduced settlement figures ? But still take the orginal amount from there clients , but just over a longer peroid? ANSWERS PLEASE

purpledelly

I have read on other posts about people unhappy with there DMP company. I wonder if they ask for their clients CCA , and then if they are not provided , what do they do ? Would these companies forward payments without proof of assignment or the CCA ? Would they also offer greatly reduced settlement figures ? But still take the orginal amount from there clients , but just over a longer peroid? ANSWERS PLEASE

Firstly I don't think places like the CCCS and Payplan, who run DMPs would go down the route of asking for CCAs - that would be down to the individuals. When you go to see a DMP company (I'm talking about the free one but I guess all work in a similar way) they don't do any checking - they expect you, the client, to tell them what you owe -and if you provide statements from the creditors then all the better.
I'm not sure how it works if it's already gone to DCAs before you go to them as I've not been in that position.

Assuming you wrote to 'creditors' and didn't get a satisfactory response, I think there would be 2 courses of action if on a DMP with a company:
1) Update your records online or by phone with the DMP company telling them you're not paying the creditor anymore - and why.
2) Just carry on paying them as you originially admitted the debt.

To be honest, my experience of the CCCS is that they would probably encourage you to keep paying it if you originally acknowledged it, but I couldn't be certain as I went down the asking-for-CCA route after I'd left the CCCS plan and started my own.
If you either paid a reduced settlement fee (lots of DCAs seem to offer this when they can't come up with a CCA) then the amount you had been paying them each month would go back into your DMP pot and be spread equally amongst all other creditors. This is because they know you can afford that amount monthly and they want you to clear your debts as soon as possible.

I guess it would vary with other companies - that's just my knowledge/experience of the CCCS.

rog2

Tootsie_Roll wrote: »

How about this one then ?

There is nothing that advocates 'debt avoidance' in the post that you highlighted - in fact it enforces the use of the Consumer Credit Act, 1974, in that I state:

''if the creditor/dca does come up with a true copy of the original signed cca within the legally allowed time frame, this can also show if the 'debt' is statute barred. At the 'very least' the 'debtor' will be better equipped to 'deal' with the alleged debt.'

Or would you rather that an 'alleged debtor' remains ignorant of the status of any debt that you chase? I suppose that would make it much easier for the 'debt collection' industry, but they are not well renowned for making things easy for 'debtors', are you?

stapeley

Purpledelly , I was thinking more of the DMP companies that charge a fee, not the free ones .

ALIBOBSY

Broken_hearted wrote: »

It would be a good idea if the banks wern't already geared up for this. Most will provide you with the details on time.

I have to disagree with this statement. I went down the CCA route because of spending time on another consumer forum where people have been looking into the consumer act for quite a while. The reality is unless your original agreement was made in the last 3 or 4 years they are unlikely to have a copy at all and debt collection groups even less chance. Or they may well produce an application form only which although they put the words "this is a credit agreement" next to the signing box, this very often does not satisfy the requirements of the CC act to be a correctly executed agreement. Without a correctly executed agreement the debt is legally unenforcable (although it doesn't disappear). On the other forum I use people have then gone on to negotiate with the lenders using this situation to get a better settlement deal, or in some cases the debt written off. Personally I found most of our creditors didn't produce anything at all.
ali x

purpledelly

ALIBOBSY wrote: »

. Personally I found most of our creditors didn't produce anything at all.
ali x

Can I ask what happened with your debts then Ali? Did you leave them until they became statute barred or did you get them written off or pay a settlement? And did you get anything back from the DCAs for what you paid?
Also did you report them to OFT and Trading Standards?

Sorry if all that's too nosey tell me!!!

ALIBOBSY

Personally I don't regard this as a debt avoidance technique. But it may well give you a stronger "hand" to negotiate a full and final settlement figure to clear the outstanding balance. Lets face it most "debts" with DCA's have been sold for 10% of the balance if not lower and then written off by the original lender against tax anyway. Plus if you are taking about a credit card debt, because it is a rolling debt most people by the time they get to their light bulb moment will likely have paid min amounts for years and probably repaid the original amount plus. No one loses out, just means the consumer doesn't get screwed over what is wrong with that. By requesting your CCA you are clarifying the legal status of the alleged debt, as someone else pointed out it does not disappear, just becomes unenforcable.
ali x

ALIBOBSY

purpledelly wrote: »

Can I ask what happened with your debts then Ali? Did you leave them until they became statute barred or did you get them written off or pay a settlement? And did you get anything back from the DCAs for what you paid?
Also did you report them to OFT and Trading Standards?

Sorry if all that's too nosey tell me!!!

Just a bit nosey lol. The one who produced the agreement was Llyods who to be honest have been quite good. After initially turning down our payment offer, they accepted a reduced amount and froze the interest.
I am negotiating full and final settlements with the majority of the others based on the fact that 1)no agreement and 2) some unlawfully high charges in the balance. I have not made payments since they defaulted on my cca requests last summer and although they still keep writing and phoning none have attempted to take it to court(they know they would lose). I am negotiating as I want to get things cleared and settled for good. One debt I am still disputing as noone seems to know the correct balance or who owns it and there is no sign of a CCA or assignment details.
ali x

stapeley

HI , just recieved a letter from D C C regarding my request for a second C C A . They comfirm the account is on hold for 28 days whilst they obtain the information required. They ask that i send any proof of payments or correspondence that would assist with my query! OH YES RIGHT , I help them out ! Why would they not just send the correct paperwork by return ? Have they lost it? Did they ever have it ?

ALIBOBSY

They are unlikely to have it stapes and are trying to get something off you to prove the debt lol. They have 12 working days to produce the cca before they are in legal default of the act despite them quoting 28 days. I had one DCA ask me to confirm what defence I would rely on if they took me to court yeah right gonna tell you that lol.
good luck
ali x