topjetvmbna trouble with cccs

[topjet]

what can i do rang my debt managment team at cccs.co.uk
told them to stop my payment to MBNA they told me they cant do that so where do i go from hear, thought cccs was supose to help me.
basically cccs dont care less think they are worse than DCA S , any info cheers.

[PriorityOne]

I don't know much about CCCS, but did they give you a reason ?

[topjet]

Originally Posted by PriorityOne

I don't know much about CCCS, but did they give you a reason ?

they said ive signed with them to pay my creditors , anyway i rang MBNA and told them i wil stop payments if they dont freeze my account and stop charges,i made it clear that should they take me to court they will loose out or sell it to a DCA , hopefully they will stop the charges they did it last year i missed a payment so they put them back on .
CCCS - are a free debt managment agency ..

[PriorityOne]

It might be because you rang them. Put your request in writing to CCCS. Make it a rule for the future.... to always communicate in writing. Not only will it give you proven dates of when requests have been made, but you will also have a paper trail if/when things go wrong, or are disputed, etc.

Send it off be rec. delivery, keep a copy for yourself and keep the receipt.

What is the debt with MBNA for ? Credit card ? Loan ? You need to stop negotiating over the 'phone !

[topjet]

its only a credit card just got a statement from cccs , cccs arent much better than DCA s , all you get is you got to pay MBNA .

[Gingerheid]

And in a sense they are right I'm afraid.

CCCS are excellent; I've never seen anything that would make me think they are bad, let alone as bad as a DCA. It's MBNA that are being obnoxious swines here, not CCCS.

[JonCris]

topjet you MUST put the MBNA debt into dispute now by sending a CCA request before you stop payments.

If you don't & just stop payments they will pass your account to someone like 1st credit who will disregard you arrangements with CCCS & demand payment in full within 7 days & if payment is not forthcoming & you own your home or are in work they will apply to Northampton CC for an interim charging order followed by a later hearing for a final order.

Gingerhead CCCS are a charity & I'm reluctant to critizise but I have to tell you that their understanding of consumer law & the advice they sometimes give can be very mistaken & lead to considerable problems for debtors who have followed that advice, as some on this site can confirm

[ScarletPimpernel]

CCCS are usually very good, but of late they have become busier and so had to try and do more with the same resources. Theoretically, DCAs and creditors should recognise that someone who has gone to CCCS (or Payplan) has acknowledged that they are in difficulties but are committed to resolving the situation. Unfortunately, in practice, some DCAs and creditors don't play by the rules and this creates a substantial amount of additional work for CCCS. MBNA are probably the most difficult to deal with

I have referred several people to CCCS, and am in regular touch with them. My experience is that whilst things are straightforward they are excellent, but they don't have the resources to deal with anything complex. However, there's nothing to stop the individual doing some of the work themselves, or getting someone else to do it for them.

For example, one of my clients is aware that much of her debt to MBNA is made up of penalty charges. CCCS can't deal with this, so I've drafted letters and we are dealing with it separately. In another case MBNA suddenly started adding PPI to an account; again querying this through CCCS would be a long drawn out process, so I am having fun dealing direct. In another case First Direct persuaded a client to pay them direct, even though FD had agreed to a DMP; this has now been reinstated - but all with most of the work done beforehand for CCCS to save time.

[JonCris]

The CCCS have on occasion advised consumers to admit the debt which has consisted in the main of penalty charges & this has allowed creditors to obtain CCJ's unchallenged.

I am also aware of some debtors who have been advised to admit a debt which has clearly been considerably out of time thereby causing the debt to become enforcable

One of the tactics of MBNA is to agree a short term agreement with regular reviews & then as soon at it expires to pass the debt to a DCA who will then seek to recover the debt

[ScarletPimpernel]

Originally Posted by JonCris

One of the tactics of MBNA is to agree a short term agreement with regular reviews & then as soon at it expires to pass the debt to a DCA who will then seek to recover the debt

Another of their tricks is to start harassing debtors on DMPs, claiming that payments have been missed (when they haven't), and that the DMP is now void so they'll be adding charges and interest again. MBNA will also claim not to be able to speak to CCCS/Payplan (nonsense, as they have Paylink). Ultimately MBNA will agree to 'reschedule' the debt, which means they'll leave the extra charges and interest, but restart the DMP. This tactic relies on CCCS/Payplan being so busy that debtors find it hard to get through to them, or to get anything done quickly. It also relies upon CCCS/Payplan not taking the extra charges up with MBNA, again because they are too busy.

Then there's MBNA's own version of 'good cop, bad cop'. It starts with a DMP, and sudden telephone harrassment, then one day a 'nice lady' phones the debtor, and suggests that she can help. She can stop the calls, and she can agree payments that will make the debt go down quicker, but the help is conditional on it remaining a secret from CCCS, and the nice lady will have to ok it with her boss, who's usually very strict, but.... It's a cynical and unsavoury tactic that preys on the vulnerable.

[topjet]

what happens after i request a CCA i did sign 1 when i got the credit card from Abbey,I dont see what the hassle with MBNA is as they are receiving money from me .

[gizmo111]

Originally Posted by topjet

what can i do rang my debt managment team at cccs.co.uk
told them to stop my payment to MBNA they told me they cant do that so where do i go from hear, thought cccs was supose to help me.
basically cccs dont care less think they are worse than DCA S , any info cheers.

Why are you asking them to stop payment?

[topjet]

if they stop payment MBNA will hopefully sell it to a DCA then they freez the charges or am i better off paying the balance of MBNA ??

[PriorityOne]

Originally Posted by topjet

if they stop payment MBNA will hopefully sell it to a DCA then they freez the charges or am i better off paying the balance of MBNA ??

It's a bad idea to stop paying altogether in the hope that MBNA sell it on. You need to send a CCA request.. then if they do not comply, you can stop paying then... and have the law on your side when you do.

[yaffsimone1]

Originally Posted by JonCris

they will pass your account to someone like 1st credit who will disregard you arrangements with CCCS & demand payment in full within 7 days & if payment is not forthcoming & you own your home or are in work they will apply to Northampton CC for an interim charging order

An officer of at least pay band D may authorise application for a charging order against a judgment debtor, provided that payment of the judgment debt is in arrear under the terms of the judgment or order (you have to of failed to pay a CCJ first)

[PriorityOne]

Also, non-compliance with a CCA request will stop them going for a CCJ because it represents a complete defence in any claim that is brought against you.