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Looking at a DMP

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  • Rob5342
    Rob5342 Posts: 2,420 Forumite
    1,000 Posts Third Anniversary Name Dropper
    Isn't there something about the CCA not existing if debts have been combined? I'm sure that @sourcrates mentioned it once.
  • Fresh44
    Fresh44 Posts: 12 Forumite
    10 Posts Name Dropper
    Thanks for your replies, this has god me a little miffed as all the others have been plain sailing. I’m unsure what to do next with ACI and this inflated balance. These are the last 2 debts. Do I respond to ACI? I havnt even had a default yet for the 2 updraft loans . 
  • RAS
    RAS Posts: 35,628 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Just put in the affordability complaint. Might take a time but if you win it's likely they'll have to stop reporting it on your credit record.
    If you've have not made a mistake, you've made nothing
  • Fresh44
    Fresh44 Posts: 12 Forumite
    10 Posts Name Dropper
    Would I need to put an affordability complaint in with updraft? Or ACI? Thanks for your reply 
  • sourcrates
    sourcrates Posts: 31,587 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    Rob5342 said:
    Isn't there something about the CCA not existing if debts have been combined? I'm sure that @sourcrates mentioned it once.
    When companies combine debts like this, it makes it easier for them to manage, but also renders them irredeemably unenforceable in court.

    They created an account that previously never existed, so there will be no credit agreement for the debt, no financial details regarding repayment, non of the terms and conditions will apply to it, it has been artificially created on their computer, so much is wrong with doing this.

    Ask for the CCA, they won`t be able to provide one as there never was one.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • Fresh44
    Fresh44 Posts: 12 Forumite
    10 Posts Name Dropper
    Rob5342 said:
    Isn't there something about the CCA not existing if debts have been combined? I'm sure that @sourcrates mentioned it once.
    When companies combine debts like this, it makes it easier for them to manage, but also renders them irredeemably unenforceable in court.

    They created an account that previously never existed, so there will be no credit agreement for the debt, no financial details regarding repayment, non of the terms and conditions will apply to it, it has been artificially created on their computer, so much is wrong with doing this.

    Ask for the CCA, they won`t be able to provide one as there never was one.
    I will ask for a CCA. Could they still be awkward and try home visits, court action whilst I’m asking for this? 
  • Rob5342
    Rob5342 Posts: 2,420 Forumite
    1,000 Posts Third Anniversary Name Dropper
    edited 6 June at 9:18PM
    Fresh44 said:
    Rob5342 said:
    Isn't there something about the CCA not existing if debts have been combined? I'm sure that @sourcrates mentioned it once.
    When companies combine debts like this, it makes it easier for them to manage, but also renders them irredeemably unenforceable in court.

    They created an account that previously never existed, so there will be no credit agreement for the debt, no financial details regarding repayment, non of the terms and conditions will apply to it, it has been artificially created on their computer, so much is wrong with doing this.

    Ask for the CCA, they won`t be able to provide one as there never was one.
    I will ask for a CCA. Could they still be awkward and try home visits, court action whilst I’m asking for this? 
    If they don't produce the CCA within 12 days of you asking for it then they cant take any legal action until they do. They can always do home visits if they choose, most collectors won't bother with that but if they do then they have as much power as a double glazing salesman and can be dealt with in the same way. 
  • sourcrates
    sourcrates Posts: 31,587 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    Fresh44 said:
    I will ask for a CCA. Could they still be awkward and try home visits, court action whilst I’m asking for this? 
    Making a request for information under sec 77 CCA, has the beneficial effect of putting your account effectively "on hold" until they send you what is required.

    So no, collection activity should pause whilst this is actioned.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
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