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huskysnowdog

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  1. Hello there I have a problem and as I am housebound I am not sure if I am dealing with this the right way. I would appreciate advice. On 16/9 I received a summons from the Northampton issue centre in respect of a debt which apparently is now with Wescot , for Simply Be, who I am told are a catalogue company owned by JD Williams. The N1 form particulars of claim makes reference to a debt that is outstanding in the sum of £1220 and interest added on to make it over £2000 ! I was retired from work prematurely in 2003 due to disability and illness. At that time I set up a DMP with CCCS and then moved it to Payplan.There have been some gaps in payment over the years but I do my best on disability living allowance and Incap Ben. All my creditors were put on the plan way back then and CCCS said that it was very important to make sure that they were all on there. I have checked back to 2003 and I cannot find any record of this debt. No agreement, no goods and no statements. I keep files on all my debts and statements etc so this is why I can't acknowledge that this is my debt. In the Particulars of Claim, it states that interest has been added on since October 2004, when default took place. I have counted up from October 2004 to 16th September and I make that 6 years and 11 months, which I have been told by National Debtline and my local CAB that this debt should not be being pursued, even if it turns out to be mine in the end. NDL say it would look to be be statute barred as long as I have not contacted them,not paid anything and not made any offers of payment etc. I can't even find a record of this debt so there is no way on earth that I have contacted them. My partner has drafted out a letter to send - stating that in no way do I acknowledge the debt in any way, but that I want a signed agreement, dated and original copy, plus that I want details of all alleged purchases and date that last recorded payment was made (if any) . I have already filed a defence to the summons online and had a notification of this.I have until the 13th I think it is to submit my defence. I am seeing CAB on Monday next week which was the earliest appt I could get. They are going to look at it all with me and try and help too. Payplan can't help at this stage, as the debt is not proven to be mine. What I need to know, is where I should send my letter asking for the credit agreement & payment information. Do I send it to the Wescot lot, or do I send it direct to Simply Be ? Wescot have NOT sent me any Notice of Default, or any offer of instalment plan letter or anything at all other than this summons. and also I have checked my credit file and there is nothing recorded on there for this debt either. I really do not think this is my debt, but I am worried as I really don't want to go to court unless I have to. My health is not good and this could make it a whole lot worse.My finances are really poor - I live on cereals most of the time, as I am struggling to pay the creditors that I do owe. They have made my life a misery since I had to give up work. I want to also be very careful on how the letter is worded, as I do not want my contact with Wescot to be deemed as owing this money. I want proof but I wonder is it now too late, as they have issued this summons. Thanks very much everyone.
  2. Hello everyone, I have a really big problem at the moment. For about 8 years I have had a DMP with CCCS and one of the Creditors on my Plan is Lloyds TSB - 2 VERY old credit card debts. When these debts were put on the DMP, Lloyds wrote to me and closed the accounts & confirmed that they would accept the payments that were agreed via CCCS. This was years ago & I have never had any correspondence from LTSB about the debts on the DMP until a month ago. I received a letter stating that my plan "has come to an end" and that I must now pay the 3% or £5 per month. Balances are circa £2200 & £2000 I immediately wrote a letter of complaint and advised tham that my arrangement had certainly not come to an end and that the debts were part of a DMP and had been for a very long time. This is custom and practice and this DMP has been accepted by them as repayment of the debts for many years, I told them firmly that I intended to carry on with my DMP payments & I also asked them why now, after all these years were they suddenly deciding that the plan had come to an end. I received the reply 2 days ago - basically they appear to be trying to well and truly shaft me. They state that they will not uphold my complaint because "You are paying via a debt management company and this,however does not mean that your repayment plans will be interest free and your accounts will remain with the Collections department. It is for this reason that I am unable to accept your complaint." That tells me nothing ! The bit I am most worried about and require advice on is that they state "If you are unable to resume normal payments we can transfer your accounts to the CDR department. We will "need to send legal letters to complete the process (of course the swines mean Notice of Defaults), some of which will contain strong wording" So they have a gun to my head - either I start paying the full amount on 2 cards that were taken off me years ago, that are over 12 years old and the accounts were closed years ago and for some reason they now appeaqr to have reopened them, or I carry on with my DMP and they wreck my credit file with 2 defaults - just when I have got it really clear apart from one very old default. My question is : do they have to issue NODs now after all these years or are they just being really vicious ? Can I prevent them doing this to me by going to a solicitor ( I doubt I can afford a solicitor at this time) ? I have a disabled wife and did want to try and sell my house and downsize again to a bungalow for her needs but once they put this data onto my credit file, I can kiss goodbye to that ! I am so very angry and I want to fight back all guns on this one but I'm unsure if they are operating within the legalities of debt recovery or if this is all a ploy to wreck my credit files. If it is any help, I think that they did issue NODs all those years ago when the accounts were transferred to the DMP butI don't have any paperwork from the 1990s Any advice would be most welcome. I have to reply to them in the next few days & I want to be able to really hammer my disgust home at this letter that I have received Thank you very much
  3. Thank you all very much for the replies. I can see that I am not alone in the problems with CCCS. Since I posted the original message, my wife has now also had an email from them stating that if she also does not up her payments to repay the debts in 10 years or less by the time of her next DMP review they "may have to end the DMP, as bankruptcy is the recommended option". As she is very ill and has been since 2002, there is no way she would comtemplate this.We live in a very small community where people are as good as put in the stocks if they have any scandal attached to them My debts total 55000 & they are all credit cards apart from one. The actual agreements are well over 8 - 10 years old.Most are from the late 1990s or early 2000s I think I should be seriously considering CCA. I guess it is just taking that initial step. None of my creditors ever contact me about the debts apart from Restons, who I have had some real "run ins" with. To get free of the problems or at least to ease them would be brilliant. Many thanks again
  4. Hi to everyone I am a new member & I am very worried about my current DMP with CCCS. Basically I have had a DMP for a few years now. I have not missed any payments & also I have kept to all the rules in the agreement. I had a review with them & increased my monthly payment from £100 a month to £178. I was only able to do this because of extra duties at work, but I thought that 78% increase in payments was a good gesture on my part. I have a disabled wife who can't work & I am struggling but I felt my offer was all I could afford. I received a snotty email, advising me that they are not happy with the increase,even though they accepted it initially with no problem at all and unless I can now repay my debts over 10 years, they are basically dumping me. There is no way I can do this. I wrote a letter of complaint & I did say that I felt that this was a case of direct discrimination & possibly disability discrimination and that there is nothing at all in the CCCS/ client agreement that states that DMPs are subject to a set period of time. My original paperwork from them states "we will never ask you to pay more than you can afford". The reply to my letter was very unfriendly & they said that debt recovery in general has now changed & that they intend to stop my DMP & throw me back to my creditors unless I can pay far more monthly.A figure of £400 was suggested which is totally impossible. I have said that I am going to a solicitor, as they appear to be in breach of their own T & C s .They did not seem to be particularly bothered about that either. Have they been taken over or are they now being controlled by one of the nastier creditors like LTSB or RBS ? Today, a friend at work has had the same message from them by email. She has had a review and agreed a small increase in her payments. They told her it was fine, then lost her new budget, tried to say she had never sent it, then, when challenged with the original email that they sent confirming it,they said "Oh well, we have got it but it is not enough so this is the last year that we will be supporting you." I know that most people do think that CCCS is wonderful & complaints against them are probably rare but I am appalled at what they are doing to me & to my friend. It then occurred to me that maybe this "dumping long standing clients" is more widespread than just me. I found this brilliant Forum & I would like to know if anyone else has had the same treatment as me. If so, have you taken it further & what was the outcome ? My disabled wife also has a DMP with them. They haven't started on her as yet but I guess it is only a matter of time. I have contacted Payplan to see about transferring my DMP & they are arranging an appointment for me next week. However I really feel I want to take the CCCS matter a lot further. Thanks guys for any info on similar experiences.
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