Its getting worse!!!! going to payplan

[Guest 47Barney]

Hi, i'm new to this forum and i'm seeking some help and advice.

 

7 years ago i got myself into financial difficulty and was left with around £35k worth of debt on loans and credit cards,

these debts got sold to the likes of

Connaught,

Wescot,

RMA,

and Cabot Financial,

i have been paying them around £360 per month for these debts

 

they keep reviewing every 6 months or so demanding more money,

its getting to the stage where if interest rates rise i will be unable to pay my mortgage,

 

i have tried telling them this but one of them (cabot) told me if i did not increase they would take me to court and put a charge on my house,

 

i dont know which way to turn now but have found a site called Payplan to see if they can help me...

.has anyone heard of these guys and what do you think i should do???

 

Thanks:evil:

 

P.S i might like to add that 2 of my debts are with Barclays and Intrum Justitia which i have been paying £1 to each of these accounts for the past 6 years and heard nothing from them!!! perhaps they have been lost in the eather!!

Edited March 1, 2018 by dx100uk
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[rebel11]

Hi 47

 

Welcome to CAG

 

The guys will advise as soon as they are available.

[silverfox1961]

Hi and welcome to CAG

 

Payplan (and CCCS) are both free to the customer and are a valuable tool to help with debts.

 

On to the other issues I notice. Have the new owners of the debts supplied you with the proof that they are allowed to charge interest? Once an account is terminated by the creditor and sold, only if it is in the terms and conditions can a new debt owner charge you interest.

 

Do you know if there are any charges (late payment-overlimit fees) on the loans and credit cards? If so, reclaim them. If you don't know, it would be worth sending the original creditors a SAR (look HERE)

 

If you were to go with Payplan (or CCCS) your creditors would get a pro-rata payment which would mean Barclays and IJ getting more and the creditors you are paying the most to getting less.

 

On to Cabot. They are bullies. If you are speaking to them on the phone-go sit in the naughty corner The phone is their tool of choice to intimidate debtors in to paying more and more. They say things they would never dare put in a letter. Have a look at this and see whether Cabot are following the rules:

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

 

While it is good that you are sorting your debt issues, make sure you are not paying more than you should be.

 

Start a separate thread for each debt (leave this one for the debt of your choice) and get claiming those charges back. You never know, any refund may just wipe the remaining debt.

Edited January 23, 2011 by silverfox1961
typos

[Guest 47Barney]

Thanks for the reply, there are no interest charges on any of my debts so in that respect i'm quite lucky!!!

 

If i do go with Payplan and they sort out the payments pro rata this means cabot and connaught will get less....i dont think they will be very happy with reducing the payments, does this mean they will take further action? the number 1 priority for me is to protect my house so i will do anything to stop these companies from taking it or putting a charge on it:|

[victoria_siempre]

Hi barney

 

You might read other threads before going payplan.

 

DIY leaves you in control.

 

love

 

vic

[Guest 47Barney]

Hi, i understand if a DCA cannot conform to a CCA request the debt is unenforceable but what does 'unenforceable' mean?

 

Does it mean the DCA can no longer legally recover the debt?

 

What would happen if they failed to comply with a CCA request and i stopped payments and ignored the threat letters?

 

I recently had a run in with Cabot who i owe £12k over 2 accounts,

i have been paying them for over 7 years for these 2 accounts,

i told them over the phone i will send in a CCA request but they told me they dont have that information!!!

 

Help i need answers!!

[cerberusalert]

You need to send a CCA request enclosing £1 to Cabot, it is their responsibility to pass the request on to the original creditor. They have 12 working days to produce a 'true copy' from receipt of your request. If they fail to do so you put the a/c in dispute & they cannot take enforcement action until they do. Enforcement in this case means taking you to court, they can still mark your credit card and ask you for payment.

[alfwithhair]

what kind of debts do these two account relate to?

who were they original creditors?

[Guest 47Barney]

These are credit card debts,

one is with Barclaycard and

the other is with Peoples bank,

 

they have told me over the phone they wouldnt have the original agreements as these accounts are so old,

so if i send in a CCA request and they dont comply will i have to carry on paying or do i stop and ignore them?

 

I have been paying these debts off over the past 7 years without missing a single payment!

[PriorityOne]

You can stop paying.... but you need to be aware that they may still chase you. If you've been paying them for 7 years however, they may just cut their loses and sell it on to another bunch, as I suspect they may have added some of their own (unlawful) charges on there over that period of time.

 

My own experience with Cabot wasn't too bad and once they realised that they couldn't get hold of any kind of paperwork from the OC, they left me alone (3 years now). Others on here have had different experiences however, so it's best to take things slowly and see what happens after they get your CCA requests.

 

Don't have any more dealings with them over the 'phone though.

 

[vjohn82]

Stop speaking to Cabot on the phone. Everything in writing from this point onwards. They will sometimes converse in email format (thus making communication undoubtedly easier) but then again they might not.

 

Section 78 request for each account with the proviso that they pass the request onto the original creditor if necessary. Wait until they reply... then get a scanner (buy/hire/borrow) and post the docs up here (via photobucket) with your details removed.

 

Then we can look at their reply and give you some options.

 

Easy peasy.

[Guest 47Barney]

Thanks for the replies....i sent a CCA request for both accounts yesterday so as soon as i get a reply i will scan and post them to this thread, once again thanks for the advice.

[Guest 47Barney]

I had a call from connaught today and i spoke to them (silly i know)

they want me to send in a means form for a review

 

i was under the impression when i started to pay these debts 7 years ago they wouldnt increase (one for £40 the other for £41)

i know these reviews usually end up in them asking for more money which i dont have..

....question....if i have no more money to give them what can they do?

do i have to send in the means form?

 

One thing led to another and i got a bit argumentitive!!!

i asked about whether they would be able to comply to a CCA request within the time limit of 14 days,

they told me it would take months for them to retrieve the CCA's from the OC because the debts were so old!

 

i was then passed onto who i can only assume is one of their legal team who told me "the 14 day time limit does'nt apply to us because we are a debt collection agency" and she then repeated that it would take months for them to find the documents.

 

If i send in a CCA and they do not comply can i stop payments until they do?

what enforcement action can they take if i stop payments after sending them a default?

if they eventually come up with the document can they then take me to court for the full amount or take some other action against me?

 

I really need all the answers to the above as i am really worried about it all.

 

Thanks in advance.

Edited March 1, 2018 by dx100uk
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[Bazooka Boo]

Well, a CCA request should be in the post first thing in the morning, who is this immature outfit who calls themselves a DCA? If they are this deluded that the CCA request does not apply to them because they are a DCA then they've got a big shock coming their way!

 

Send this letter http://www.consumeractiongroup.co.uk/forum/content.php?414-CCA-request-letter.

They have 12 'working' days from receipt to provide you with the documents, if and when they fail to do so, you can legally withhold payment until such time that they can provide.

 

How old exactly are these accounts?

Has there been a period of six years (5 in Scotland) where you haven't paid or acknowledged them?

 

What are they for? Credit cards Loans?

If it is for an overdraft then the above letter won't do as OD's have part V exemptions.

[cerberusalert]

if i have no more money to give them what can they do?

Not a great deal, even if they were stupid enough to try for a CCJ they would have to prove a debt exists & even if they obtained one a judge would only order you to pay what he thought you could reasonably afford to pay, which could be as little as £1 per month.

do i have to send in the means form?

There is no legal requirement for you to do so.

they told me it would take months for them to retrieve the CCA's from the OC because the debts were so old!

They have the same as anyone else to comply, 12 working days from receipt of your request.

If i send in a CCA and they do not comply can i stop payments until they do? what enforcement action can they take if i stop payments after sending them a default?

They can huff and puff & very little else.

i was then passed onto who i can only assume is one of their legal team who told me "the 14 day time limit does'nt apply to us because we are a debt collectio

This is deceptive practices and should be reported to Trading Standards and the OFT.

If i send in a CCA and they do not comply can i stop payments until they do?

Yes until they comply with an enforceable CCA.

if they eventually come up with the document can they then take me to court for the full amount or take some other action against me?

if they were stupid enough to try for a CCJ they would have to prove a debt exists & even if they obtained one a judge would only order you to pay what he thought you could reasonably afford to pay, which could be as little as £1 per month.

[debbbbsy]

Connaught Collections are an established bunch of lying scumbags.

 

What you could do, before sending a CCA to them.Who will in turn only send a CCA to the OC. Bypass them, and you CCA the OC, they have afterall, already sold it on. See what response you get before dealing with Connaught.

If they admit they cannot find your agreement, you then know where you stand before you stop making payments to Connaught.

[Guest 47Barney]

Brilliant! all my questions have been answered.....a BIG thanks to all of you who replied.

 

The CCA requests are ready and will be posted first thing in the morning, i will reply to this thread when or if i hear anything back from connaught!!

[Bazooka Boo]

Good luck.

[Guest 47Barney]

I have over the past week sent out 7 CCA requests for credit card and loan debts which have been passed to several DCA's.

These debts are around 7 years old and i have been paying the DCA's for all of that time without missing a single payment, my payments range from £17 to £80 per month for these debts.

 

The thing that worries me is if some of these DCA's dont have the CA as requested and i stop payments what can they do? i am a home owner and do not want to put it at risk so can the DCA's still take me to court for an SD or go for bankruptcy while the accounts are in dispute?

 

Thanks

[acerbic]

If they cannot produce an agreement, then you can legally withhold payment until they can come up with a valid agreement. They cannot take enforcement action in the courts if they do not have the agreement.

DCA's dont have the CA as requested and i stop payments what can they do?

Nothing

do not want to put it at risk so can the DCA's still take me to court for an SD or go for bankruptcy while the accounts are in dispute?

they can't do any of the above whilst the account is in dispute.

 

Hope this helps

Edited March 10, 2011 by acerbic
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[Guest]

barney

they can 'take' it to court! when in 'dispute'. but, you'll have a good defence/objection if the agreement is unenforceable/there is no agreement. imo.

http://www.oft.gov.uk/about-the-oft/legal-powers/legal/cca/unenforceable-credit-agreements

http://www.consumeractiongroup.co.uk/forum/showthread.php?162131-Statutory-Demands-and-Service-By-Post

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=36_dealing_with_a_statutory_demand

Edited March 11, 2011 by Ford
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[Tingy]

Be careful. They are allowed to reconstitute agreements now and still have them accepted in court. CPUTR is a better way forward.

[victoria_siempre]

Hi guys

 

I agree with Tingy save that 'forward' is better read as 'backward'; given that our tactic is to preambulate court action.

 

x

 

v

[Guest]

barney

yes, as tingy and vic say, be wary. there doesn't seem to be any consistency in the cty courts re a 'reconstituted' agreement, and also re the application of s127 CC A! technically, a recon should only be applicable re a s77/78 request, and a well prepared defence would/should substantiate this. but that's just my opinion. see the recent CA Phoenix case for recent eg.

imo

[Tingy]

barney

yes, as tingy and vic say, be wary. there doesn't seem to be any consistency in the cty courts re a 'reconstituted' agreement, and also re the application of s127 CC A! technically, a recon should only be applicable re a s77/78 request, and a well prepared defence would/should substantiate this. but that's just my opinion. see the recent CA Phoenix case for recent eg.

imo

 

Courts are increasingly accepting no agreement at all, just reconstituted ones. You are right. About a month ago thre had been 12 cases nationally won on S77-79 arguments this year, but you have to be VERY good to win.