DMP Mutual Support Thread (Part Three)

louietudor

rayday2 wrote: »

If a company does sell the debt on they definately should inform you. Most of mine except Lloyds (who I wish would sell on!) are with DCA now and most of the time I recieved letters from the DCA before the notice from the creditor the worst was 3 months later!

so do you stop paying until you get the letter from the creditor?? or just change who you pay?

mary_mungo_+_midge

Hi again, when I started my DMP back in Feb I requested all my CCA's so I knew exactly where I stood with things. 2 of the companies, Additions and Kays catalogue have now written back and said that unfortunately they don't have a CCA but have sent me a blank copy of a current credit agreement, and totals of how much I owe etc ( in the letter, not on the CCA). They have asked me to confirm that I am not disputing the debt, so what do I do now? I'm now quite confident as dealing with creditors and negotiating reduced payments etc but don't really understand what I'm doing with CCA's! I'm also just about to start claiming back charges built up over the last few years, has anyone had any creditors that have previuosly agreed to a DMP suddenly turn nasty when you try and claim charges back? I don't actually want cash back from them, just the amount taken of my debt with them if that makes sense. Thanks,x

andytwonames

mary_mungo_+_midge wrote: »

Hi again, when I started my DMP back in Feb I requested all my CCA's so I knew exactly where I stood with things. 2 of the companies, Additions and Kays catalogue have now written back and said that unfortunately they don't have a CCA but have sent me a blank copy of a current credit agreement, and totals of how much I owe etc ( in the letter, not on the CCA). They have asked me to confirm that I am not disputing the debt, so what do I do now? I'm now quite confident as dealing with creditors and negotiating reduced payments etc but don't really understand what I'm doing with CCA's! I'm also just about to start claiming back charges built up over the last few years, has anyone had any creditors that have previuosly agreed to a DMP suddenly turn nasty when you try and claim charges back? I don't actually want cash back from them, just the amount taken of my debt with them if that makes sense. Thanks,x

As I understand things, if the creditor cannot produce the CCA in the correct form then the debt is not legally enfoceable. Do some research on here, there are a few threads about. I think someone called 'weller...' on another thread is the champion of CCA stuff like rayday is our champion here.

For the time being, do not 'admit' to the creditors that you owe them money, refer to it as an 'alleged debt'.

Please don't just take my word for it, look around further for better and more detailed advice.

rayday2

There is a follow up letter you need to send I have two catalogues that cannot produce one and I sent the letter and apparently they have both been referred back to the original creditor and I have heard nothing since... touch wood...

I will try to find a letter

rayday2

I refer to my letter dated 30 January 2008 which was delivered and you cashed your cheque acknowledging receipt on 8 February 2008.

You have failed to acknowledge this request by not supplying the requested documents. The documents I requested should be readily available as proof of your legal right to collect this account.

In my letter of the 30 January 2008 I made a formal request for a copy of the signed, executed credit agreement for the above account under Section 77(1) and Section 78(1) of the Consumer Credit Act 1974 and a true signed copy of the Deed of Assignment. In addition a full statement of my account should have been sent to me detailing all debits and credits to the account from the time Fredrickson International Ltd purchased this account, along with any other documents mentioned in the credit agreement.

You are reminded that you are obliged to supply these documents, whether you are the original creditor or not, as defined under Section 189 of the CCA 1974.

The Consumer Credit Act allows 12 working days for this request to be carried out before your company enter into a default situation. If the request is not satisfied after a further 30 calendar days, your company commit an offence. These time limits expired on 26 February 2008 and 27 March 2008 respectively.

As you are no doubt aware, Section 78(6) states:

If the creditor under an agreement fails to comply with subsection (1) -

(a) He is not entitled, while the default continues, to enforce the agreement; and

(b) If the default continues for one month he commits an offence.

Therefore on (enter date) this account became unenforceable at law and no further payment will be made by myself to the account, as you have failed to comply with a request for a true signed copy of the said agreement, and other relevant documents mentioned in it, and failed to send a full statement of the account and failed to provide a true copy of the Deed of Assignment, under the relevant sections of the Consumer Credit Act 1974. Further, I do not acknowledge any debt to Fredrickson International Ltd.

I require the following action from Fredrickson International Ltd :

1. All payments made to date to Fredrickson International Ltd for this account should be refunded in full, including interest at the rate of 8% per annum.

2. Removal of all defaults entered by Fredrickson International Ltd. Note this is to be a complete deletion and not merely an amendment.

3. I look forward to compensation under Section 13 of the Data Protection Act 1998 to be offered for the processing of my data in the manner it has been done over the past number of years.

4. After a full refund of all payments with interest and compensation are received by myself, you will be required under Section 10 and Section 12 of the Data Protection Act 1998 to cease and desist all manual and automatic processing of my data within your company and any other company within your group.

If you do not respond positively to my request, court action may be taken under Section 14 of the Data Protection Act 1998 to force Fredrickson International Ltd or any other company within the group to comply with the refund of all monies paid, removal of all defaults maintained and compensation for damage and distress as a result of unlawful data processing. I may also pass the matter to the relevant enforcement authorities including, but not limited to, the OFT, the Information Commissioners Office, Trading Standards, the CSA, the FOS and my local MP.

Data Protection Act (Data Protection Act 199

Furthermore, under the Data Protection Act (D10), you are also denied the authority to pass on any of my personal data. To do so in the circumstances is I understand a breach of the Data Protection Act 1998, and also the OFT guidelines, and should you ignore my request it would again result in you being further reported to the relevant authorities

I look forward to your reply within 14 days to resolve the matter amicably.

Change the bits where you need to I am in a lazy mood today so it has my bits and bobs in!

If you have already sent this letter pm weller see what he says. Or are they a she?

carlos700

carlos700 wrote: »

Hi everyone i have posted a few times about Lloyds credit card they were my only creditor who had not accepted my DMP they wanted me to increase my payments to them .Last month i got my usual letter from them saying i must bring my payments up to date but it also stated they may give me a default notice if i did not pay my arrears asap .
I have just logged onto my internet banking with Lloyds the CC it says £12 late payment charge but theres no interest been added to my account just the £12 .I wonder if they have now accepted my DMP ?

My Lloyds overdraft they have been really good right from the start they accepted straightaway but on internet banking it says overdraft interest £4 i know this is only a small charge but should i have to pay this ,when they told me they would freeze all interest should they have froze this fee to ?

Just rang Lloyds overdraft they are refunding the £4 they confirmed they should have not been added .(glad i still have internet banking to keep an eye on things or i wouldn t have known )

Also rang Lloyds CC they have accepted my plan:j they are also refunding the £12 late payment but its not all good they say as from May this year they no longer freeze interest on accounts they just do a reduced rate which is 0.48% this means i will be paying £23 in interest every month and my payments with CCCS are £38 with a balance of around £3000 so its going to take me a long time to pay off .

I am pleased they are going to leave me alone for a while but abit concerned that i am not really going to be making a big chunk into my dept .

rayday2

Hmm mixed blessings sort of news then but at least it will start going down.

I am puzzled because they said they would not accept my payment plan and yet I have had statements with no interest added on just had a look and lastest statement was dated 16 May so will not know until next month possibly.

The plus side to it is, I always worried that Lloyds may push for a CCJ all the other debtors I had had sold onto a DCA so I felt more secure with them. But if Lloyds add a little interest then maybe they won't go for more vigorous ways - know knows.

If they start charging me interest again I will definately post but if you like and you haven't seen me post about it ask me in a months time and maybe you could complain again that you know others on DMPs who have suspended interest.

carlos700

Hi rayday

What i cannot understand is she said i would be charge interest at a reduced rate but this month there has been no interest added at all thats the reason i rang them as i thought maybe the have now accepted my plan .I will have to wait til next month and see what happens then .

To be honest i am glad also they they have not gone for a ccj which i thought they may do just to have a break from not getting any pay up or else letters will be nice .

I will will keep you all up to date as to what happens .

rayday2

Well they said they couldn't accept my new increased offer that was the letter I received which I never responded to and the standard statements I get credit the payments but the minimum they expect is my old lower amount and yet no interest is added - so I am keeping quiet wait to see what they do.

Please do keep us informed literally with Lloyds they seem to have no idea what they are doing!

sunshine38_2

Hi Everyone

I lost my job yesterday ... I think I'm still in shock. I keep going from one emotional extreme to another.

I had a horrible feeling that as I was coming up to the end of my probationary period in my new fantasically-paid-going-to-sort-all-our-money-problems-out job that something was going to happen. Still didnt really expect it to happen to me though. At least they never complained about my ability to do the actual job - they had just decided to relocate the role to another depo. So that was it, pack my bags and leave.

What's making me worse is that we've only just (on Monday) sorted out the payments to start making through CCCS as from 1st July and I actually thought we were getting somewhere.

Now I know I need to find another job pronto but I'm just such a mess today - I cant seem to function and think rationally about what to do, what vacancies to apply for (at least there appear to be several possibilities out there). Should I try and go back to where I was before? Should I temp (even though I dont like the thought of flitting from one place to another). Should I just try and hold my nerve and aim for something which is actually appealing in terms of trying to enjoy a job. Or should I just attempt to get any old thing that pays something (rather than having nothing). I'm so confused ... sorry.

Do I ring CCCS now and tell them my wonderful bad news or try and just meet the monthly payment from hubby's salary at the end of June and hope that I've managed to secure another job by then.

Oh, here come the tears again. I'll pop back later.

Sx