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Just started on this for my OH. Big drop in income causing major problems so used CCCS site and worked out I & E, sent pro-rata offers to all his creditors.
BC responded with thanks, sorry about circumstances etc. Unfortunately we regret to advise that the offer is not acceptable, please call to discuss best options available. (must remember to get that money tree planted!)
I the meantime, you may wish to take financial advice from CAB, they will deal with your accounts and offer repayment proposals to creditors on your behalf. This service is free of charge. Your creditors may be more likely to consider any offer that is made via CAB or similar organisations such as CCCS, contact numbers as follows etc....
This card is up to date, never been in arrears, so no charges or PPI to claim back.
Guess this is their standard response and have now prepared CCA request to go off and see what they come up with. As card is many years old I don't expect them to have a copy of the original agreement.
One question really at the moment is, do they only accept offers via a DMC?
They generally throw a wobbler unless a third party gets involved.
Give CCCS or Payplan a call, either of them can help, I know Payplan send you an informal arrangement pack which lends some weight to the offer and they have an advice team available if the creditor still refuses, I imagine CCCS will have the same resources.
I do not want to use them, as I am more than capable of sorting this myself. As I said in my post the I & E and offers have been calculated using CCCS so they will have to like it or lump it!
And I have read on here that if you go into a formal arrangement then it can cause problems later on if you want to make any amendments.
Informal arrangements are basically a pack that helps you deal with creditors yourselves, the problem is it you do it alone a lot of creditors flatly refuse to accept the offer as they have no way of knowing if you fabricated your outgoings / incomings. Which is why they prefer Payplan / CCCS to get involved.
If the creditor sees that you have spoken either and the informal arrangement you send them has their name on it they will be more inclined to accept as they know you have spoken to them and this is the best course of action.
Also, a lot of the time they want a reference number from either company to prove you actually spoke to them, otherwise they may still reject it.
In short, they generally dont trust anyone's account of their own financial situation, and not to side with the creditors on this one but they are right to do so, it's shocking the amount of people who consider their weekly bridge tournament as the flatulent pig pub on a saturday night to be a priority cost, as well as cigarettes etc.
But if your happy dealing with them yourself then go for it, my advice would be to send them a minimum of £1 by postal order or cheque, they can't refuse the payment and it shows your willing to continue paying the debt.
Aye i'm sure someone has some experience with dealing with creditors solo.
I'm sure theres a certain amount of skullduggery on the creditors end on terminating agreements and being awkward, I don't have access to such information otherwise I would share :P
You may not like it, but if you want your payment proposals to be accepted, why not try CCCS or PayPlan. They charge no fees to my knowledge so what do you have to lose.
My considerable experience in helping CAGgers here is that BC have one of the worst reputations for being inflexible and intransigent when it comes to accepting lower monthly, or reducing them when a debtor falls into difficulty.
If you don't act quickly and find mutually acceptable arrangements, you will be harassed by BC's Collections system and will also get defaulted on your credit records.
Even if you complain to the fos, they will take too long to respond and your credit file may remain affected.
Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.
At the end of the day, unless you want further credit, what is so important about your credit records?
Believe me, to make the above statement goes against all I have believed in for over 25 years but things change and finding this site has helped me cope over the last few months and look at things in such a different light.
This topic is currently being discussed on the Manchester thread, which again confirms my thoughts.
Just read the link you posted, was quite shocked at some of the stuff the CCCS said to the OP because I know full well what they were saying is a load of horsecrap, if a company doesn't respond to a CCA request then after 24 days you can legally refuse to pay unless the documents are requested. I know fully well that it's possible to stop single payments to creditors so whoever the OP spoke to at CCCS clearly couldn't be bothered to help the customer.
My gripe with this is the CCCS's poor training seems to have put you off contacting Payplan also, the OP is right, both companies are funded by donations from the credit industry, but that doesn't mean I hold back with the customers I speak to, if a customer says they are being hounded to death by a DCA or creditor, I give them ammunition to stop it, because i'm as much against creditors as most people on this forum are.
Just to make it clear though, if Payplan send you an informal arrangement it's just letting you negotiate by yourself by sticking Payplan's name on the top so it lends some weight to the request. It's not a dmp or IVA or anything of the sort, in actual fact after your initial call and being sent the informal arrangement theres no reason you would need any further contact with Payplan unless you need help with the documents sent.
As I said, i'm sure you can work it out yourself, but it's very annoying to see agents at CCCS tarnishing the name of Payplan.
edit - And your right, either way this goes your credit rating will be affected, not any worse by using CCCS or Payplan than negotiating yourself, it's just that the CCCS and Payplan route gives you more of a chance at having your offers accepted.
The attitude of CCCS has always been to spread payments between creditors on a pro-rata basis, regardless of whether any a/c is in dispute about it's legal enforceability under CCA1974.
They take the more moralistic approach - ie, the debtor had or spent the money, so should repay it.
Just because a creditor hasn't kept the correct paperwork does not absolve the debtor of the responsibility to repay what they owe. It just means the creditor may not be able to get the debt enforced by court action.
Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.
Yes I understand, but if they all stopped hiking the interest rates for customers who have always paid without any problems, making it almost impossible to ever pay the debt off then I think they would get more positive results.
If they stop shafting debtors for every penny they can get and recognise the problems individuals are having, they would be far more likely to keep customers paying.
Stop adding the interest and/or charges, and I think the banks would actually keep customers on-side and paying something each month.
Boxed into a corner and, of course, customers will look at all options including not paying at all.
Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.
Just because a creditor hasn't kept the correct paperwork does not absolve the debtor of the responsibility to repay what they owe. It just means the creditor may not be able to get the debt enforced by court action.
To be honest I would disagree with this, mostly because of my current situation, I have always believed that if you want a debtor to pay his debts, you keep 100% unchallengeable proof that they must repay it, losing the paperwork is a silly move and should be treated harshly to force them to be more efficient with the data they hold. If they can't prove the debt I consider myself absent of responsibility to pay for it. It's a dog-eat-dog world, creditors had better get used to it.
But as I said, thats incredibly biased due to my current gripe with Barclaycard
Well the dog as come back to bite a lot of them on the bum for being so greedy IMO
They are getting their just desserts and the sooner they start to take notice and do something about it, the better. However I don't think anything will happen as long as they can harass and demand money from people who do not have any idea about their rights and are hounded and frightened into paying more than they can afford
Well the dog as come back to bite a lot of them on the bum for being so greedy IMO
They are getting their just deserts and the sooner they start to take notice and do something about it, the better. However I don't think anything will happen as long as they can harass and demand money from people who do not have any idea about their rights and are hounded and frightened into paying more than they can afford
Unfortunately your right, there will always be frail and easily intimidated people who will just buckle under threats from these guys, it's a shame.
Further to CCA request, this is what they have sent.
Any comments appreciated, I will start reading BC threads now to see how to proceed with them in view of their rejection of the reduced payment offer made. Advising us to us a DMC, although we did send them an I & E of the CCCS website. As previously advised, we are reluctant to use them formally due to their apparent inflexibility.
I will however look at Payplan as an alternative as advised by DPK
Have a look at other threads then see what you want to do next.
You could try a complaint to the fos but this previously successful strategy has recently resulted in the FOS saying they think the T&C's fulfil the creditors obligations.
Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.
Goodness, they are persistent with their phone calls!
Payment only 2 days late and they have his mobile number (somehow) and a very aggressive person called and said he had got to go into a bank!!!!
3 calls so far today , 2 mobile and 1 on landline.
They are also aware that my OH suffers from depression, this could have serious implications....... for them!
Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.
Yes heard of Trucall, could do without the cost of it though.
I have decided to put the account into dispute as they have not responded correctly to CCA request and will also be sending the telephone harassment letter, although I realise they will not agree that they are doing this!
Gave up worrying about the CRA's a while ago so nothing to lose really, if they play ball a freeze interest and charges then they will get some money but in the meantime they can wait!
Barclaycard - Oh
to claim back.
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Originally Posted by slick132
