Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
Hi im currently trying to transfer my debt plan from compass to CCCS and would to contact my creditors direct to find out what is going as compass are not helping me at all. Would anyone know the telephone numbers for the following as im having trouble getting them:
Wescot
Bryan Carter
ARC
Cabot
also i have 3 other debts with Barclaycard,Topshop and orange im just wondering why these havent been passed on to a creditor ???
Unfortunately i don't have the information to hand by a google on each one would provide you with the info I'm sure.
A word of warning I would not phone them and instead contact them by letter only. if you ring you are bound to be harrassed by them and all of them listed are masters on the phone.
If you have set something up with CCCS they will have all the info and should be able to get the stuff for you without you needing to deal with them.
I really must stress that if you are going to phone include 141 or phone from a call box as they will keep the number and I have no doubt they will use it frequently (until i found this site i had to change my number with BT)!
As for Barclaycard etc they probably still have the debts in house (sometimes a good thing) but CCCS again will deal with these as part of the dmp.
Before you start transferring any debts... you may want to consider sending a CCA request to each of these debt collection agencies instead (by rec. delvery).... to confirm whether they have the legal right to pursue you for payments in the first place.
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Hey thanks for the good advice people, i will deffinitly write to them not call i deffinitly dont want to be getting harrassed by them. What about my address tho ??? Will they start sending me the letters again ? ive been with compass about 2 1/2 yrs now i forgot how nasty these people get.
Priorityone i dont want to sound stupid but what is a CCA im not sure i understand how i cant owe them money
CCA = consumer credit agreement. A CCA request asks for the creditor to provide a copy of the agreement that you signed when taking out the debt. If they can't provide it or the copy of the agreement does not comply with The Consumer Credit Act 1974 then the debt is unenforceable.
With regards to orange though it depends on the type of debt this is whether or not its covered by the CCA 1974. Could you please state what the debt is for with Orange.
Most people don't even think about checking on the legalities of a debt collection agency pursuing them for payments....until they come across this site. I was one of them !!... and have got rid of several as a result !!
When you send off your CCA request, make sure it goes by rec. delivery... so that you have proof that a request was made and, so that you can count down the days to their default (12 working days from receipt). As Rory said, if they cannot come up with a properly executed Agreement.... then they are not legally entitled to pursue you for payment until/unless your Agreement can be found and re-enforced in court.
Don't be afraid of the word "court".... if you read around the site, you will find that the majority of DCAs (and some creditors) cannot produce an Agreement upon request.... that is their problem and not yours. Also, if they do send something to you.... come back on here and scan it up/describe it to us. In some cases, DCAs try and pass off Applications as Agreements... but bless 'em for trying, eh ?
As for the other accounts that you mention.... only one may not be covered by CCA law - orange - as it's a mobile 'phone contract. The other 2 will be covered, but as they are still with the original creditors, there is a good chance that they will have the original CCA (although this is not always the case - it sometimes depends how old the account is).
You can send off a SAR to these in order to re-claim any unlawful charges on these accounts.... reducing the balance to its correct level and negotiate repayment from there. A SAR is a legal request for all transactional data that a company holds on you.
However, I would focus on the DCAs for now, in case you get overloaded. You have 4 DCAs to take on... make them your priority. Once this area of your life is sorted, you can then move on to sending out SARs. SARs are also more expensive - at £10 each.
Keep us posted and good luck !!
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Goodmorning priorityone ha i already have a court date to go through with claiming my bank charges yet :o
This all sounds easy enough thankyou very much for all help although im not sure what i would do about my exsisting connection with compass debt counsellors, what would happen to all the money they have "stored" as they put it from me ? would they keep it or by law have to pay off any money left over to my creditors? They said it should all be paid off in 2-3 years which is fine but if i can get it done sooner then id be a happy happy lady
What do you mean by "stored" .... has the money actually been paid to various DCAs ?... have Compass ever sent you a Breakdown of where it goes ? I would be inclined to sever all connection with them.... go ahead with the CCAs.... and if anyone does comply.... transfer over to CCCS, or negotiate repayments yourself.
If no-one has a CCA.... then stuff the 2-3 years, you will be saving money after 12 working days....
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I had to pay £600 before they would even do anything ( looking back i know how naive i was but needed to do something quick about it ) then ever since i pay compass x amount each month and they pay x amount to the 4 creditors i mentioned in first post not much about £11 at the most to each one of them and then the rest of it is saved so on the bottom of my statement it says balance carried over ???
I called compass yesterday and requested an up to date statement of which they said they would send out, i have my telephone interview with cccs on friday morning.
What happens then if they cant send me my credit agreement, have the comapanies mentioned in first post known for not having a copy ? ?
I had to pay £600 before they would even do anything ( looking back i know how naive i was but needed to do something quick about it ) then ever since i pay compass x amount each month and they pay x amount to the 4 creditors i mentioned in first post not much about £11 at the most to each one of them and then the rest of it is saved so on the bottom of my statement it says balance carried over ???
... they sound like a dodgy racket.... your better off without them.
I called compass yesterday and requested an up to date statement of which they said they would send out, i have my telephone interview with cccs on friday morning.
What happens then if they cant send me my credit agreement, have the comapanies mentioned in first post known for not having a copy ? ?
If they do not produce your Agreement within 12 working days from receipt, then you are within your rights to withhold all further payments . Most DCAs are known for not having a copy.... although as said, some try and pass off Application forms as CCAs. Naughty.
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i did send them a letter over 3 weeks ago asking nicely for a copy of my contract etc but didnt hear anythin, i know they got it as they had my change of address when i spoke to them yesterday.
Does this mean i can stop any further payments ?
Who did you send it to ? In order to cover yourself, it needs to be a legal request... sent by rec. delivery. Also, please do not discuss anything over the 'phone any more.... DCAs tend to feed you a pile of brown stuff about their rights, etc. In reality, they have very little clout.
PLEASE NOTE:
I AM NO LONGER AN ACTIVE MEMBER OF THIS FORUM AND WILL ONLY RESPOND TO POSTS ON SUBSCRIBED THREADS.
i sent it to compass who are supposed to be helping me i just wanted to know what my rights were to terminate my contract with them. I know they deffinitly got it as they knew my new address of which i had told them about in the letter. I might just cancel my payments to them as of immediate effect and get it sorted with CCCS or myself like you said