First post and need help - please!

[nettii]

This is my first post on the forum, so hi to everyone.

 

I've had a look through lots of posts about debt and debt management companies.

 

My husband and myself have several debts which we have been dealing with by a debt management plan set up by a local debt management charity. The charity is being closed down (lottery funding has not been renewed) so we have contacted the cccs and are arranging an appointment with them which will be in 3-4 weeks time.

 

3 credit card companies (HSBC (£800), Barclays (£490) and Sainsburys (£1980) have accepted a reduced payment and stopped interest.

 

We also have two loans with Alliance & Leicester (£8000 and £4000) and a credit card with Intelligent Finance (£6400). They have not accepted the reduced payments and said they are referring them to Debt Management companies (a&l - Global Debt Managent, IF- Blair, Oliver, Scott). I have today received my first correspondence with Global who have said they will take us to court, send an agent round etc etc. From what I've read on this site that's just normal scare tactics.

 

I think my next step should be to send out a request for CCA.

 

I also think I need to tell them that I can't come to any agreement on payment until the cccs have completed a debt management plan. Should I wait until I receive the CCA before getting into this type of correspondence?

 

I want to make sure I do this correctly. My mind is in a total muddle at the moment and I'm at serious risk of getting this completely wrong.

 

Many many thanks

[dpick]

Hi if you send CCA request put heading this account in dispute, this should give you time for CCCS to sort out income expenditure etc. Don't expect the letters and calls to stop straight away you will have to wait while CCCS negotiate with your creditors. If you have charges on the Credit cards or loans then as and when you can afford it send each company an S.A.R - (Subject Access Request) if you have more than one account with a company then ask for info on all account they hold with you the fee is £10 for each company not each account.

 

If you are not sure of letter have a look at the following link to letters.

 

http://www.consumeractiongroup.co.uk/forum/consumer-forums-website-questions/53182-cant-find-what-youre.html

 

post up when need further info there a loads of people how will help you we all started at the same point as you

 

all the best dpick:)

[nettii]

Thanks dpick.

 

Sorry but I've another question. Maybe I'm thinking a little too hard about this and getting myself in a confused mess (not unusual there)!

 

These debts are current debts, not old ones. Isn't it likely that if I ask for the CCA now they are probably going to be able to produce it straight away? There won't be much of a paper trail for it to get lost in.

 

Am I better to just tell them I'm contacting the cccs and will come back to them with an offer of repayment. Then I can save asking for the CCA at some point in the future when I'm desperate for some time ie if they are appying to courts?

 

I'm so worried that I'm going to do something wrong

[42man]

Netti....you are quite within your rights to request a CCA, bear in mind they have to produce it within the prescribed time, also it HAS to contain the prescribed terms and has to be properly executed. By sending the CCA request you have put the debt into dispute which means they are not legally able to enforce the debt (let alone your argument for claiming back excessive charges on the accounts too).....send off for the CCA's and see what comes back...

[42man]

You can also write at the bottom of the letter - I WILL ONLY ACCEPT CORRESPONDENCE IN WRITING - ANY CALLS MADE TO ME WILL BE CLASSED AS HARRASSMENT AND TREATED AS SUCH

[Rtech]

Have the IF and A&L sent you a 'Notice of assignment'?? if the debts have been sold.

If you offer reduced payments after talking to the CCCS,then there would seem to be little point in asking for the CCA(although you would still be entitled to),as you have basically said,yes they have the Agreements,which is why I am paying.

A CCA indicates that the solicitors/DCA's have the RIGHT to collect from you,and that IMO would be the first step.

[dpick]

Have the IF and A&L sent you a 'Notice of assignment'?? if the debts have been sold.

If you offer reduced payments after talking to the CCCS,then there would seem to be little point in asking for the CCA(although you would still be entitled to),as you have basically said,yes they have the Agreements,which is why I am paying.

A CCA indicates that the solicitors/DCA's have the RIGHT to collect from you,and that IMO would be the first step.

 

No you ask for a s77-79 CCA request so you can see that solicitors/DCA or the original creditor is legally entitled to collect the debt. As in my case I had been paying two credit cards and two catalogue debts for over two years, that the OC either had no agreement for or the agreements provided from CCA request were irredeemably unenforceable as S127(3) of the CCA 1974

They have all disappeared apart from one that has been issued with a court order to produce a properly executed credit agreement and all documents pertaining to the inception of the agreement for inspection by the court.

 

Even if the agreements are recent CAG has shown that many are still unenforceable.

 

all the best dpick:-)

[Rtech]

you ask for a s77-79 CCA request so you can see that solicitors/DCA or the original creditor is legally entitled to collect the debt.

 

Which dpick is exactly what I said!!!!!

[nettii]

Hi all

 

This is only my second post on here. Much has happened since my first post. My husband and I separated (too much stress was tearing us apart, although we're still on friendly terms - we have two small children) and we split our debts so I took everything with my name on it (about 40% of the debts) and am also paying our mortgage. He took the rest of the debts (60%).

 

I'm managing to continue paying my debts but my husband is in a comlete mess. Soon after we separated he was attacked in the street by a gang of drunken thugs - he suffered a fractured skull, broken jaw, broken ribs - all fixable but it's left him mentally in a complete state. He's self employed so didn't get paid anything for two months and now he's struggling to work at all because he's sunk in to a deep depression and is receiving psychaitic care. The constant harrassment from debtors has made it so much worse.

 

I've taken all his paperwork off him and am trying to sort out what's what. It seems some debts have had three DCA's dealing and it's difficult to know who to correspond with. Is my best course of action to request CCA's from all the original creditors along with asking for confirmation of which DCA I have authority to deal with? Also should I write to all the DCA's telling them that's what I've done and asking them to hold action, also telling them that there should be no more telephone calls.

 

Any advise would be much appreciated.

 

Netti

[Guest forgottenone]

Is my best course of action to request CCA's from all the original creditors along with asking for confirmation of which DCA I have authority to deal with?

 

You mean you haven't done so, already? Just read back through this thread and seems that was the advice given a while ago. It's good advice you were given BTW.

 

You CCA whichever DCA has the accounts now, not original creditor. No, there is no need to write to any of the creditors explaining what you have done. They won't take notice, and it's not necessary anyway. As the others explained at the time of your original post ... requesting your CCA - at any time, new or old accounts - is to ensure the DCA's can legally chase you for this debt. If, then, they cannot ... it's your discretion whether to continue paying or not.

 

I would CCA them now. Send the request to each DCA in question, by recorded delivery, enclosing a £1 postal order - do not send them cheques, as they will have your signature on it but also your bank account details; yes, they have been known to use those to set up direct debits so it's not just scaremongering; thing you must realize is that this industry makes it's wealth on unscrupulous approaches to debtors - and then wait until they supply you with a document.

 

Come back to CAG, post what they have sent you to see if it's enforcebale eg contains the properly prescribed terms and conditions. Then take things from there.

 

The constant harrassment from debtors has made it so much worse.

 

Okay. If these are phone calls. I am afraid the only way to stop them ... and you well within your rights to do this, protect yourself from assault by phoneline which is what it is eg harassment ... is to get BT's Choose to Refuse on your line. To block all calls from them made to you.

 

You can go down the route of sending the telephone harassment letter here on CAG just so you can produce it if needed as proof you instructed them to contact you only in writing and they failed to comply. It will not stop the calls, however. It never does. Hence my CTR suggestion.

 

I think, unless someone advises you otherwise here or offers other alternatives, is you need to request your CCA ASAP. It will also give you some breathing space until they supply it because the account enters a dispute period. During which they are not supposed to - but some will anyway - make demands of payment, contact you until they have provided it.

 

I wouldn't waste your time writing to the DCA's apart from requesting your CCA. They simply will not be interested at all. That is how they operate. They want money from you, nothing else. If you read around CAG you will see the many horrorific posts about what these **** get up to you.

 

Just request the CCA's. You need do nothing else. Others will help with any other matters you raise. The CCA template letter is on CAG.

[Guest forgottenone]

Here's the telephone harassment letter. This is very important, NEVER sign any letters to a creditor or DCA ... print or type it:

 

Your Street

Town

City

Postcode

DATE HERE

Company Name

Road

Town

City / County

Postcode

 

 

Dear Sirs

 

 

Harassment by telephone

 

Account Number: XXXXXXX

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

 

 

I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)

I now require all further correspondence from your company to be made in writing only.

 

 

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

 

 

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

 

 

Be advised that any further telephone calls from your company will be recorded. (**Even if you don‘t yet have recording equipment!!**)

 

Yours faithfully,

 

 

[NAME HERE]

[Guest forgottenone]

Here's the CCA request letter ...

 

1 High Street,

Newtown,

Kent

R21 4RH

 

June 28, 2006

 

The Loan Company

Company House,

Church Street,

Newtown,

Kent,

R1 7HG

 

Dear Sir/Madam

 

Re:− Account/Reference Number 4563210025897412

 

With reference to the above agreement, we would be grateful if you would send us a copy of this credit agreement.

 

We understand that under the Consumer Credit Act 1974 (Sections 77−79), we are entitled to receive a copy of our credit agreement on request. We enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

 

We understand a copy of our credit agreement should be supplied within 12 working days.

 

We understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

 

We look forward to hearing from you.

 

Yours faithfully

Mr A N Other

[PriorityOne]

Netti.... you CCA whoever is chasing you for payment because until they can produce the original CCA, the accounts are unenforceable. Send all requests by rec. delivery.....

 

Just out of interest, Global Debt Management are the in-house DCAs for A&L. I've dealt with this bunch myself... ... and they cannot take you to court themselves; only A&L can. Nevertheless, if they are currently pursuing you (or hubby) for payment, the CCA needs to go to them.

 

I'm so sorry to read about your husband.... and I only hope that if money trouble is the only reason that's driven you apart... that you may be able to resolve matters between the pair of you and be happy again someday soon.

[nettii]

Thanks forgottenone and priorityone.

 

I know it looks like i've ignored the original advise but it was a little complicated because of my husband and I separating. I sent a CCA request for the loan with Alliance & Leicester but soon after my husband and I separated so I have no evidence that he ever received a reply (he has huge gaps in his paperwork). It's possible that Global sent the CCA to him but as it's now been passed over to another DMC (Rockwell Direct)I'll request it from them - and request CCA from all other debts as well.

 

Thanks again. I'll post back when I here something.

 

Netti

[PriorityOne]

Sounds as if they might have sold this one out to Rockwell.... which is good news for you if there's no CCA. Good luck...