Should I leave – Or Pursue?

[hillards]

I'm looking at the long term if no CCA is produced and we decide to stop paying the creditors / DCAs.

 

But, CCCS say 'no' - if you are on an agreed plan with them you have to keep paying, forever - or until the debt is fully settled. You do not decide these things, they tell you...

 

After 6 years statute of limitations comes into play. Either write and tell them that you have no intention of making any more voluntary payments or just ignore them

As I understood it, the 6 year limit only comes into play if no action has been seen on the account. By virtue of making payments this will be reset every time the debtor pays something, even as a token?

 

There are BIG differences between looking after your own finances, CCA'ing the DCA's, negotiating settlement figures and all that - but if you've already signed to CCCS, as I understood had happened here, the option to do all that is all of nothing - you can't take some away from CCCS and say 'I'm not paying those' as they'll drop the lot.

[Pinky69]

Creditors can also decide not to accept the plan anymore after they have "reviews" and if they start to put pressure on, the CCCS will do nothing to help you. They give no or bad advice - all they are interested in is paying the creditors, who fund them. If you ask for a list of your creditors, as I did when I opted out, you may find that some or all of your debts are with DCAs you never even heard of - the CCCS don't bother to tell you a debt has been sold or assigned. Good for taking the heat off to begin with - not a long-term solution unless you want to be in debt forever.

[hillards]

My step-daughter went with one of the pay-for firms to manage her debts. They made a mess, to put it politely, and she's now left them to go to CCCS. She cannot be bothered to sort herself out properly, so will end up paying out forever. She will always have paid something to the various companies she has accounts with as it goes through the years.

She does not accept my argument that most DCA's have no real claim to her money, she just wants to pay a low amount to CCCS and forget about it. No vision of the future, no ambition to take on the DCA's.

Some of the DCA's do not accept that they have to go along with a management agreement and are now hassling me, because they have my phone number on file. She's just passing the letters on, unopened, so has no idea of what's going on any more.

I tried...

[Fred Bassett]

My step-daughter went with one of the pay-for firms to manage her debts. They made a mess, to put it politely, and she's now left them to go to CCCS. She cannot be bothered to sort herself out properly, so will end up paying out forever. She will always have paid something to the various companies she has accounts with as it goes through the years.

She does not accept my argument that most DCA's have no real claim to her money, she just wants to pay a low amount to CCCS and forget about it. No vision of the future, no ambition to take on the DCA's.

Some of the DCA's do not accept that they have to go along with a management agreement and are now hassling me, because they have my phone number on file. She's just passing the letters on, unopened, so has no idea of what's going on any more.

I tried...

 

Hillards,

 

It won't be a low payment - it will be as much as she can afford once her basic living expenses are taken into account - and it will rise as her situation changes. The CCCS will want a review every 6 months. She'll never have any disposable income whatsoever. She'll learn quickly enough. Don't be tempted to say "I told you so." If I'd stayed in my DMP it would have taken me 10 years to clear it and I would have been on the breadline for that whole period.

 

Regards.

 

Fred

[Fred Bassett]

Creditors can also decide not to accept the plan anymore after they have "reviews" and if they start to put pressure on, the CCCS will do nothing to help you. They give no or bad advice - all they are interested in is paying the creditors, who fund them. If you ask for a list of your creditors, as I did when I opted out, you may find that some or all of your debts are with DCAs you never even heard of - the CCCS don't bother to tell you a debt has been sold or assigned. Good for taking the heat off to begin with - not a long-term solution unless you want to be in debt forever.

 

Pinky, don't forget too that the CCCS are funded partly by the Government and partly by the credit industry. It's no surprise that they take the creditors' side in situations like this.

 

Regards.

 

Fred

[Von Greenbach]

Well, today I've completed 6 CCA requests, and they'll be popped of to the remaining 6 Creditor / DCAs tomorrow.

 

I've read it many times on this site "Only wish we had done it earlier" well that applies to us also, but to be honest, we got sucked in with the "Comfort & Security" CCCS offered, it's only when they became judgmental regarding no CCA with 2 of my creditors / DCAs that I started to have doubts about there commitment to the debtor.

 

As previously mentioned, yes, very good at taking the heat of in the early stages, and I cannot thank them ebnough for the assistance they gave in the early stages, but there true colours eventually show through.

 

If a debtor chooses NOT to pay a debt because the LAW states the debt is unenforceable, who are CCCS to be judge & jury over that decision?

[Fred Bassett]

Well, today I've completed 6 CCA requests, and they'll be popped of to the remaining 6 Creditor / DCAs tomorrow.

 

I've read it many times on this site "Only wish we had done it earlier" well that applies to us also, but to be honest, we got sucked in with the "Comfort & Security" CCCS offered, it's only when they became judgmental regarding no CCA with 2 of my creditors / DCAs that I started to have doubts about there commitment to the debtor.

 

As previously mentioned, yes, very good at taking the heat of in the early stages, and I cannot thank them ebnough for the assistance they gave in the early stages, but there true colours eventually show through.

 

If a debtor chooses NOT to pay a debt because the LAW states the debt is unenforceable, who are CCCS to be judge & jury over that decision?

 

It's the way they operate VB, don't be too harsh on them because, as has been said before, they're a godsend when you're in it very deeply. The problem comes when you try to fight back. Quite simply, you can't do it when you've got a DMP.

 

Regards.

 

Fred

[ScabHunter]

Treat them as one of the tools in the toolbox.

 

When a certain job needs doing, they can be very useful. However, there will come a time when you need to put that tool back in the box and take out another one. A sharper, more incisive one.

 

Keep using the tool while it serves your purpose, and be ready to exchange it when it is right to do so.

 

SH

[Bazza66]

 

I wouldn't recommend trying to claim the money already paid back through.

 

Hillards,

 

Thanks for your posts. I have only started my "take on the DCA's myself" programme a few months ago and totally agree with what you say about them. They are vultures who harass and threaten you to get money out of you which they are not entitled to! They even get money out of people who owe nothing but are scared! Nice people..... not!

 

However your comment above got me intriguied. Why dont you recommend trying to get your money back? Surely you are entitled to it since they have taking from you by unfair means.

 

I am just about to try and start to reclaim money back from Lowell-life (my test case before taking on the others) and would be interested to hear your thoughts on this matter.

 

Thanks

[hillards]

I was looking at that from the point of view it would take a court hearing to resolve.

 

The DCA would make claim that they contacted you in the process of their business and you were quite happy to pay them. It was only at some later date, when you stopped paying and informed them that they could not enforce the debt, where they backed off.

 

In the meantime, you were daft enough to cough up.

 

The court would probably take the view that whilst the continued recovery is unenforceable, any monies paid are not returnable. You made payments without any conditions that they must be returned if you later discovered that the DCA was not legally entitled to them - and did not make this a condition of them stopping action.

 

I'm no big legal expert and I'm not saying it's a hopeless case to persue, but it's up to you if you want to go for it. They will probably inform you that they have 'returned the case to their client' and refuse to discuss the matter.

 

It would be interesting to hear if such a case would even get to court. Would the DCA try and buy their way out to avoid the adverse publicity? Who would pay the costs if it did get that far?

 

No doubt there are other CAGgers who have an opinion on this.

[Von Greenbach]

I've received this letter, anyone know, is it a standard template letter, or is it something more serious?

 

[saintly_1]

No image showing

[Von Greenbach]

Hi

No image showing

 

I can see it :? :?

[PGH7447]

No it says moved or deleted

[Von Greenbach]

Humm, strange

[Von Greenbach]

OK, I'll give it another go

 

[PGH7447]

there are 2 now:)

 

I think this is the new letter that they have been having to send out in response to the new consumer act, nothing to worry about

[Von Greenbach]

there are 2 now:)

 

How's that happened? at least I now know how photobucket works.

 

I think this is the new letter that they have been having to send out in response to the new consumer act, nothing to worry about

It says on that letter that sent it following my request, I've not requested anything from then.

 

The only thing I've requested is my CCA which I sent yesterday, that letter came last Friday.

 

Just ignore then, as you say.

 

Ta

[RedVixen]

Another new thing maybe Citi have sent out an alleged OFT leaflet with a (improperly served - I love CAG) default notice

[Von Greenbach]

Not sure where to post this, I've just come across 2 £1.00 postal orders returned from DCA earliers this year, after a CCA request.

 

The postal orders have the DCAs name on them, but as they've been returned to me can I get my money back?

 

Also, is there anyway of checking if a postal order has been cashed?

[rory32]

You can get your quid back providing you have kept your receipt for the postal order. Just pop down to the post office and they'll cash them for you.

 

There are 2 numbers you can now phone to check if your postal orders have been cashed:

 

01246 542091

 

01246 542500

[Von Greenbach]

These postal orders are fom March time, I've mislaid the recepits.

 

Thanks for the phone numbers.

[Von Greenbach]

I requested my CCA on 24th November (posted that day) I've not had any acknowledgement about it, can someone confirm is the 12+2 days up tomorrow (Wednesday)

[dpick]

Hi it's 12+2 working days

 

dpick

[Von Greenbach]

When a CCA is signed by the debtor and creditor, which date should be first, I've received a CCA from CapQuest/Egg, the date signed by Egg is before my date, i.e they signed it on the 30th I signed it on the 01st, is that OK?