Credit Problems

[intree]

Dear all

 

I have been reading the posts on this website and I am very pleased to see that many people posting are very helpful and knowledgeable, I would be most grateful if you could give me some action points on the matters below.

 

My Husband was forced to leave work in July 2001, due to ill health and is on disability benefits, prior to that his income was over 40k, which afforded him the facilities of several loans and credit cards, which since 2007 have been handled by way of a DMP through CCCS, wh have been a godsend.

 

The following are CC and loans which they have negotiated payments prorata from £170 disposable income we have, we have 3 kids and I work part time too, due to reduced hours since 2006.

 

CC are with

 

AMEX SINCE 1994 £8100 - SENT TO RMA NOW BACK WITH AMEX - BUT RISING DUE TO COSTS

CAPITAL ONE SINCE 2000 £1100 - STILL WITH CAPITAL ONE

EGG SINCE 1998 £8100 STILL WITH EGG BUT RISING DUE TO COSTS

BARCLAYCARD SINCE 2000 £5100 - WITH BARCLAYS INTEREST STOPPED

BARCLAYCARD £1900 SINCE 2000- WITH BARCLAYS - SETTLEMENT OFFERED 1000, REJECTED BY ME DUE TO NO MONEY.

 

LOAN: NORTHERN ROCK

 

LOAN OF 15,000 TAKEN 2001, VERY AGGRESSIVE NOW STANDS AT 10540, REJECTED ALL REDUCED OFFERS, BUT ACCEPT PAYMENTS.

 

 

IN 2006 JULY, Before my hours were reduced we needed a new fridge, so I bought one on a buy now pay later interest free agreement, however before payments were due my employer cut my hours and I could not afford the repayments of £56.00, this loan was added to the CCCS DMP agreement my husband had.

 

The loan was originaly with Open and Direct, now with Creation consumer finance, and more recently last week, after a CCA request, made in August they transferred the loan to Greenhaulghs solicitors who have initiated court action, despite payments to them and a DMP through CCCS.

 

CCCS have advised to send the court papers back if they come, and offer payment of £24.00.

 

Advice needed:

 

What can I do in relation to obtaining CCA' s as I have sent requests which enclosed cheques but nothing has been sent back, this was 2 weeks ago, all the cheques were sent from my sons account, but only one has been cashed to date that is by Northern Rock.

 

What I am also really worried about is that Prior to my debt with Creation my Credit History was excellent, the house is in my sole name as my husband was not allowed to go on the mortgage and now our fixed rate deal is comming to a end, I now feel that we will be financially worse off as a result.

 

We are in a serious predicament and every help and assistance would be greatly and very much appreciated, as we know how bad these Companies can be, I dont want to be left without any recourse and our situation to get even worse than it is now.

 

Ultimately I would like to clear the cards and loans, never borrow again and assist my husband with his health and bring up my children in a safe and debt free environment.

 

Hope this information is of use to allow you good people to comment and advise me on.

 

Thanks

 

Jackie

[dx100uk]

the rules concerning CCA have recently changed.

its 10 working days + 2 for postage.

 

have you issued requests to ALL your creditors?

 

those that do not reply by the above timescale, i would stop payments.

 

seems like most if not all of these debts would be statute barred by now if you had not made payments too.

 

have you not also looked at the PPI's on these debts?

 

dx

Edited October 5, 2008 by dx100uk
typo

[intree]

Hi Thanks for your response..........I have issued CCA's to all the Companies concerned, they all have been paid over the last few years and a DMP is continuing through the CCCS.

 

I dont have any PPI policies on the loans or CC's.

 

I have waited approx 13 days for their responses, but not yet received anything but hoping that they may provide me with a copy of my agreement to see if the loans are enforceable or not, as my mortgage is now going to go up and I will have very little disposable income to offer them.

 

Just feel that I am robbing Peter to pay Paul all the time, without any kind of movement forward.

 

Hope this is information which will assist a response.

 

Thanks

[dx100uk]

if you are happy that they have not complied with your cca's , then write them telling as much & inform them you are ceasing any payment until they can prove they can legally collect.

 

dx

[rory32]

..........I have issued CCA's to all the Companies concerned, they all have been paid over the last few years and a DMP is continuing through the CCCS.

 

If you wish to withhold payment you will have to come out of the DMP. CCCS will not withhold payment simply because the accounts are unenforceable.

 

On the plus side it's highly likely that most of these will be unenforceable. The Egg one might be enforecable and the Northern Rock loan probably will but the odds are against the others.

 

Even if these accounts are enforceable remember that you can at the very least reclaim any charges on the accounts to reduce the balance.

[intree]

Thanks for your responses to date, I have a question:

 

Today i recieved 2 letters from RMA resolve enclosing a signed application form from 1995, this just has very limited details about my employment etc, and no signatures on it from AMEX.

 

The letters were dated 1 and 3 October 2008, and states:

 

 

Thank you for your letter.

 

We wish to inform you that NCO Europe Ltd is a global supplier to the etc etc ..............

 

We therefore offer you our personal assurances that correspondence such as yours is taken seriously.

 

Please find enclosed a copy of the signed agreement. We are unable to send you any deed of assignment as we have not been assigned the debt, But are acting on behalf of American Express upon instruction.

 

We trust that all of the issues raised have been addressed to your satisfaction, should you have any further concerns, please do not hesitate to contact us by phone on etc etc.

 

Alternatively you may write to us.

 

Yours sincerely

F&OBO NCO EUROPE

 

OPERATIONS TEAM MANAGER.

 

Please can you advise what i now need to do as out of 5 CCA requests only RAM have replied the others have not bothered but 4 have cashed the cheques sent by my son.

 

THEY ARE

 

NORTHERN ROCK

CAPITAL ONE

CONSUMER CREDIT FINANCE

EGG

BARCLAYCARD

 

Does anyone have any idea, if any of these Companies would possibly have the information requested, there 12 + 2 days expires Tomorrow from looking through my records.

 

Creation Finance have also stated they will apply for a CCJ, despite a request made to them in August 2008, In September they passed the debt to their Solicitors - Greenhaulghs.......

 

Thanks

[intree]

I would be interested if anyone could let me know what to do as regards the following CCA communications....Please can anyone else who may be dealing with the companies below give some indication as to the possibility of the Credit being enforceable - I know Cap 1 are not able to supply a agreement - but not sure about the others

 

Barclaycard since 1995- CCA In default - letter of dispute 11/10/08 sent Recorded no response - making payments of 20 through CCCS

 

Egg - Since 1999 - CCA in Default - Letter of dispute 11/10/08 recorded no response - Paying 42 Through CCCS

 

Amex -since 1995 -CCA in Default - Application/no agreement - dispute being investigated by Amex - response due in 28 days. Paying 24 Through CCCS

 

Northern rock 2001 - Agreement received but no prescribed terms, put in dispute. Paying 20 Through CCCS.

 

Open+direct - since 2006 - but being taken to court by Creation consumer finance - defending through Cag assistance to date - no agreement yet supplied - despite requests made - but waiting to see what they come up with.

 

Capital one Since 2001 - no Agreement in dispute - stopping payments via CCCS.

[richcufc]

I have just seen a CCA from Barclaycard from 1996. Made me laugh. Was an application only with a complete lack of prescribed terms and conditions. Yours will more than likely be the same even if they have the paperwork.

 

Egg - Experience tells me sometimes they have the paperwork. My Egg card dated from around the same time and I now owe £0 of the £9800 as the agreement was not available.

 

No idea on the others except Crapital One. Notorious for not supplying and avoiding requests. I saw a letter from them stating that a CCA request was not valid as it was a request to substantiate the debt under American Law. They really are idiots!

[intree]

Thanks for your comments richcufc, I am hoping and waiting for the same - Crap One - I think are an absolute joke.

 

The others - well lets see what they come back with - as yet they are all in default and in dispute - but that does not stop them does it!!

[richcufc]

Unfortunately not. Let me know how you get on.

[rory32]

Even if the agreements are unenforceable CCCS will continue to pay them. If you actually wish to dispute the enforceability of the agreements then you will need to come out of your DMP.

[nuthatch]

Even if the agreements are unenforceable CCCS will continue to pay them. If you actually wish to dispute the enforceability of the agreements then you will need to come out of your DMP.

 

 

I must be an exception because CCCS stopped paying one of my creditors who I have CCA'd but no docments received as yet. I just emailed and asked them to stop paying and had an acknowledgement by return.

[intree]

Thanks for the responses guys/gals

 

 

I HAVE JUST CONFIRMED WITH CCCS - if a account is not correct or you wish to remove from the DMP - log into your account via the internet (you will have to register to do this) go on to DMP details - then creditors and reduce the balance to £0.00, they will ask you if this is correct and if so the DMP will reset to £0.00 and the creditor will be removed from the repayments schedule.

 

I have done this with Cap1 - as they have not provided any agreement.

 

Barclays will be next as they have been in dispute for over 1 Month nearly

Egg - not sure about as read here their agreements seem to be sound, but had no response.

Amex - awaiting a final response - no agreement as required under CCA 1974.

Creation Finance - have offered a settlement after lodging a Court claim, but I am going to reopen the contract at court as Unfair as detailed in the CCA 1974. - Lets see what they do now.

 

If I have any further updates I will keep them posted as this site has helped me a lot.

 

Remember - Demand proof of a agreement as without it, they are screwed in Court - and keep a paper trail - and try and be reasonable so as it if does get to Court - the Judge will see how unreasonable they have been.

 

Your only intention is to repay the "Alleged" debt but as the law requires you need to be sure that the Debt is enforeceable

[intree]

Anyone being taken to court and who considers their contract or the procedures used to pursue them under the Agreement they may have can re-open a Agreement under the - CCA 1974 (2006) UNFAIR RELATIONSHIP TEST.

 

THE LINK IS BELOW AND ON THE OFT WEB SITE

 

 

 

 

http://www.taylorwessing.com/uploads/tx_siruplawyermanagement/F_P_Consumer_Credit_Act.en.pdf

[overdone]

"Greenhaulghs solicitors". These are the ones that go aggressively for charging orders and Richard Kerr loves licking his lips in pursuit.

[intree]

I am on a DMP with several credit cards, some have not issued me with a Agreement at all, others have issued applications and when I have approached the CCCS they refused to remove them from the DMP, when I ahve removed them myself, they come of for a month and are then put back again.

 

I have also not informed them of a Credit card which I have been using, as our boiler broke down and cost me £2500, which I put on to this, now I dont know if I should go to them and include this on the DMP, for which they may terminate the DMP or approach the Credit card and offer nominal payments, This CC is cahoot.

 

Any advice on my predicaments would be helpful as I am not able to see which way to move now.

 

Thanks

[twofoot]

You will get little help from cccs regarding CCA's and stopping payments. If you want to go that route you'll need to quit cccs and DIY with help from here.

[veryweary]

CCCS cancelled our DMP after 4 years because we wouldn't make payments to a DCA. CCCS supplied contact phone numbers for all of the accounts and my OH phoned the ones we wanted to continue making payments to and got their bank details. Then he just set up standing orders to make direct payments using onlne banking. No problem.

 

Some of the creditors/DCA's involved initially insisted on us sending in repayment offers again but we ignored that as didn't want to put anything in writing from us in case of future developments. Just sent the payments each month and haven't had one negative word back from them, and we have numerous creditors..

 

Personally I much prefer doing things direct, I could never keep up with the CCCs statements as they kept allowing DCA's to increase the balance oustanding without telling us.

[ScarletPimpernel]

CCCS are funded by the credit/debt industry. Their purpose is to arrange repayment. They provide a good service where debts are acknowledged and all the paperwork is in order and there are no penalty charges or disputes, but they aren't about to bite the hand that feeds them.

[dx100uk]

yep

dump them totally and either do it yourself or get one of the charity ones involved like payplan, who are not tied to any of the industry involved

 

dx

[Pinky69]

I was on DMP with CCCS until 2007 when I discovered CAG. I had 12 debts and would have been paying for them for ever. CCCS like to dictate and their admin was total shambles. Now I have no debts and am on the last bit of clearing up my credit refernce files. I dumped CCCS and have never looked back.

[intree]

Thans for all your replies - I am feeling a lot more confident in dealing with this now so will (with the help from CAG) go it alone and start the process next week.

 

Thank you so much for the support.

[clayts]

I concur with the comments above - I was with CCCS but they had to drop me like a hot potato when my available income dropped to below £40 per month to pay off all the creditors (due to unemployment/sickness).

 

Like many on here, I simply maintained the same level of payments with the creditors (well, those who bothered to write to me anyway !), until recently I have started challenging them.

 

Indeed, since the CCCS agreement dropped, three debts are no longer repaid as I assume the creditors have given up (MBNA, Barclayloan, Goldfish), so I'm actually better off than I would have been under CCCS

[ScarletPimpernel]

yep

dump them totally and either do it yourself or get one of the charity ones involved like payplan, who are not tied to any of the industry involved

 

dx

 

 

Payplan are also funded by the debt industry, and have much the same focus as CCCS.

[harrassed senior]

Hi, Good to hear that you are coming onboard. When you start to sort things out, open a new thread on here for each individual alleged debt, don't be shy, most of us had many accounts so many threads, but it is so much easier on you and us if we deal with each one seperately as things move along. Make sure you keep all your paperwork, follow the golden rule never to speak with the DCA's on the telephone, insist everything in writing and don't sign (by hand) anything either.

 

Before long, you will be waiting to the next letter from them so that we can help put them down (so to speak).