DMP Mutual Support Thread (Part Three)

Bigdi

Hi all! When a creditor leaves a message on 1571 and states 'this is a message for Bigdi, please can you contact so and so as a matter of urgency' and leaves the phone number, are they breaking the DPA rules? After all, how do they know who's going to listen to the message? Feel a bit miffed even though nobody else did listen. I'm going to write to them to say only communicate in writing in future. Also, how long does a creditor have to issue you with a copy of the credit agreement? Thanks for your help!

geoffmr1

Bigdi wrote: »

Hi all! When a creditor leaves a message on 1571 and states 'this is a message for Bigdi, please can you contact so and so as a matter of urgency' and leaves the phone number, are they breaking the DPA rules? After all, how do they know who's going to listen to the message? Feel a bit miffed even though nobody else did listen. I'm going to write to them to say only communicate in writing in future. Also, how long does a creditor have to issue you with a copy of the credit agreement? Thanks for your help!

I don't know for sure but I doubt they are breaking any rules unless they give out personal information in the message, however just saying your name & who they are from with a contact number is unlikely to be breaking any laws.

As for the CCA request, the creditor or DCA has 12 working days + 2 days to allow for post to respond. After that time the debt officially goes into dispute & stays that way until they provide the agreement. After a further calendar month they officially commit an offence (although this doesn't really seem to worry them & from everything you read no action is ever taken against them which is a complete joke). You just have to make as much fuss as possible with your local MP etc!!

WhoopieDoodle

geoffmr1, would you know when is best to ask for CCAs? i.e, wait for default notices to be served, or just ask anyway? We are only a couple of months into our DMP, so really unsure when to ask for these.

Thank you

loopylu36

WhoopieDoodle wrote: »

geoffmr1, would you know when is best to ask for CCAs? i.e, wait for default notices to be served, or just ask anyway? We are only a couple of months into our DMP, so really unsure when to ask for these.

Thank you

Can i ask what the point of asking for the CCA is? (i assume this is consumer credit agreement but correct me if i am wrong) Is it that in the case of a DCA for them to prove who you actually owe the money to (as i understand some of them seem relunctant (unable?) to tell you who you actually owe the money to and therefore that the debt is bonafide? If they are unable to provide the CCA and the account goes into "dispute" what does this actually mean?

Also if you are still dealing with the original creditor, why would you need a copy of the CCA?

Sorry for so many questions but would like to understand this a bit better for when my dmp gets into full flow (and no doubt when the threats will start!)

Thanks a lot.

WhoopieDoodle

loopylu36, hello.

We would like to see copies of the original CCAs to check what the terms were regarding interest and charges as at the moment we don't have a clue what there were (one is from 20+ years ago) ... and if an original copy of the CCA cannot be provided the creditor can not enforce the debt through the Courts. Obviously, payment still needs to be made to clear the debt however.

We are pretty new to all this too and I'm gaining all my information from the web, this brilliant website and I have some legal background.

WhoopieDoodle

Sorry for any spelling mistakes, etc. I'm in a zombie-like frame of mind and body today!

loopylu36

WhoopieDoodle wrote: »

loopylu36, hello.

We would like to see copies of the original CCAs to check what the terms were regarding interest and charges as at the moment we don't have a clue what there were (one is from 20+ years ago) ... and if an original copy of the CCA cannot be provided the creditor can not enforce the debt through the Courts. Obviously, payment still needs to be made to clear the debt however.

We are pretty new to all this too and I'm gaining all my information from the web, this brilliant website and I have some legal background.

Thanks Whoopie, so you still have to pay the debt but they can't gor for CCJ's/Charging Orders etc?

I have a legal background (I'm actually a property lawyer but have very limited knowledge as to civil law/debt recovery). I would say that being in my profession I should know better than to get into debt. but I have seen an accountant on the DFW pages!

Anyway if anyone needs any advise on property/house buying/selling etc , I'd be more than happy to reciprocate.

WhoopieDoodle

loopy, my understanding is that with no CCA they cannot apply for CCJ/Charging Orders. However, someone will correct me if this is wrong. There are so many people on here with a huge wealth of information and those of us who know bits and pieces here and there. So, when we all club together it is really useful.

Debt affects all walks of life, regardless of profession etc. I do worry for the young generation too as they seem worse at it than us and I wonder what the future holds for them.

OH and I now wish to live as our parents did, i.e, save for anything we need and go without if we can't afford it.

I may even start darning socks!

loopylu36

So what about loans that aren't covered by the CCA - I think this relates to loans over £25K? I saw another thread about this but don't think an answer was ever given - they must still be regulated by something?

DS is 15 and money burns a hole in his pocket (wonder where he gets it from :rolleyes: ) but i do really want to try and instill in him the dangers of "easy" credit. I just think it is inherent in some people - ie; some people seem to be able to have a credit card and use it properly whilst others don't - perhaps instead of a credit score lenders should evaluate you physcologically to see if you have spendaholic tendancies"!

carlos700

Anyway if anyone needs any advise on property/house buying/selling etc , I'd be more than happy to reciprocate. [/quote]


Hi loopylu

You may be able to help me or anyone else who can i have been trying to get the answer for my sister ,i tryed to post on morgage forum but knowbody seems to know .

My sister may be having her house repossed (very vague at the moment she is reluctant to talk about it ) I know she has a date when she has to be out will she have problems getting a councel house or a private house because of this ? What happens on the date that she has been given to get out of her house does somebody from the morgage company come round on that day to make sure she is out ?

I wish i could have made her look at the website i think it would have helped her with all the great advice i have been given but she has buried her head in the sand and just kept spending .