pulling my hair out at the age of 23! pls help

[ontor]

Firstly I would like to say hello to everyone on C.A.G.. I randomly found this website whilst searching for help with my debt!

I don't know if this is the right place to post my thread as im new here but I have seen a lot of great stuff here, people here are like a family and so great in sharing..this is where I need help for my problems..sniff sniff :-|

 

At the age of 18 I went totally bonkers with credit, I wouldnt miss a single chance of taking a credit/store card out anything and I wanted it...so after I had to quit work to look after my dad and couldn't pay up..today I am facing the consequences I really need help, I have paid £££ to many so-called 'credit repair' companies to clean up my C.R..all with no luck.

 

I am currently paying payplan (debt company) on a regular montly basis so they can distribute money to all my creditors. I have in total 13 companies,,9 defaults and 4 CCJ'S shining on my account.

 

Most of my debt is made up of charges/interests etc..

A couple of companies I have managed to pay a 'full and final settlement' but they still appear on my C.Report as settled.

 

I passed all these creditors onto payplan to deal with and they took it from there, what ever payplan told me to do I did, and they are doing a good job. I didnt understand the C.C.A OR S.A.R or anything of the sort so I just left it to payplan basically applying for warrant of executions etc..

 

5years later I find this site, I feel like a fool just sitting around not doing anything about my credit file (xcept paying useless companies to clean it up!!)

 

Where do I go from here? I want to get these defaults off my credit report from companies such as john lewis,GE CAPITAL,AKTIV,barclaycard,etc..

as well as get refunded for the charges they applied back then. To be quite honest I don't mind if I can't get the refund but I need help clearing up my file its horrendous and I hate knowing no one will ever give me credit again rightly so..but I have matured and understand how important it is to maintain a clean file.

 

What letters do I send? Where can I find them? Who do I send them to? most of the debt has been sold to d.c.a from o.c's!!

pleeeeaasseee Help me anything considered xcpt suicide :?!!!

 

Lastly, If this thread gets moved to another section, how will I find it? silly question but I find it a wad little difficult to locate..I no this is awfully long but trust me if I was to write down all my debt from the last 5years I would need a seperate site..lol sorry

Edited November 26, 2008 by ontor

[flyingdoc]

Hi Ontor - welcome.

 

The first question I would as is are you on an IVA?

 

If you are - then surely after 5 years it should be nearly finished....

[pinkduchess]

hello & welcome

 

theres a lot of help available now youve found us.

 

if you start a thread in the debt forum there will be people there with specific advice

 

to find any thread youve started or posted on use the blue bar towards the top of the page - quick links - subscribed threads

 

good luck

[ontor]

Thanks pinkduchess i'll see if I can move this thread..I already feel @home.

[ontor]

Hi Ontor - welcome.

 

The first question I would as is are you on an IVA?

 

If you are - then surely after 5 years it should be nearly finished....

hi flyindoc..no im not on an IVA my debts don't exceed over £22k Thank God!

[flyingdoc]

Ok Ontor

 

The first thing you need to do then is to get copies of all the original agreements for the various loans/cards

 

To do so you need to make a CCA request using s77/78 of the consumer credit act 1974. Each one will cost you £1 and should be sent recorded delivery.

 

A template letter can be found here (use letter N) http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

 

Do not sign the request -as lenders who dont have original documents may be tempted to do some photoshop wizardry. Ether write your name or use a script font if typing. For the same reason use a postal order rather than a personal cheque.

 

They have 12+2 days to comply with the request.

 

Once you have the papers remove any personal info (leave dates and figures but remove names, account numbers etc) and post them here, where they can be reviewed for complience.

 

Good hunting

[ontor]

Firstly I would like to say hello to everyone on C.A.G.. I randomly found this website whilst searching for help with my debt!

I don't know if this is the right place to post my thread as im new here but I have seen a lot of great stuff here, people here are like a family and so great in sharing..this is where I need help for my problems..sniff sniff :-|

 

At the age of 18 I went totally bonkers with credit, I wouldnt miss a single chance of taking a credit/store card out anything and I wanted it...so after I had to quit work to look after my dad and couldn't pay up..today I am facing the consequences I really need help, I have paid £££ to many so-called 'credit repair' companies to clean up my C.R..all with no luck.

 

I am currently paying payplan (debt company) on a regular montly basis so they can distribute money to all my creditors. I have in total 13 companies,,9 defaults and 4 CCJ'S shining on my account.

 

Most of my debt is made up of charges/interests etc..

A couple of companies I have managed to pay a 'full and final settlement' but they still appear on my C.Report as settled.

 

I passed all these creditors onto payplan to deal with and they took it from there, what ever payplan told me to do I did, and they are doing a good job. I didnt understand the C.C.A OR S.A.R or anything of the sort so I just left it to payplan basically applying for warrant of executions etc..

 

5years later I find this site, I feel like a fool just sitting around not doing anything about my credit file (xcept paying useless companies to clean it up!!)

 

Where do I go from here? I want to get these defaults off my credit report from companies such as john lewis,GE CAPITAL,AKTIV,barclaycard ,etc..

as well as get refunded for the charges they applied back then. To be quite honest I don't mind if I can't get the refund but I need help clearing up my file its horrendous and I hate knowing no one will ever give me credit again rightly so..but I have matured and understand how important it is to maintain a clean file.

 

What letters do I send? Where can I find them? Who do I send them to? most of the debt has been sold to d.c.a from o.c's!!

pleeeeaasseee Help me anything considered xcpt suicide !!!

 

Lastly, If this thread gets moved to another section, how will I find it? silly question but I find it a wad little difficult to locate..I no this is awfully long but trust me if I was to write down all my debt from the last 5years I would need a seperate site..lol sorry :-|

[ontor]

FLYINDOC,

excellent I shall do that first thing tomorrow, shall I send the c.c.a requests to the O.C or the .d.c.a dealing with the debt? And shall I notify payplan that I requesting this information?

Thanks

 

ps- where do I find 'your scales' to click??

Edited November 26, 2008 by ontor
forgot a piece of info

[flyingdoc]

Send to the DCA, they will have bought the debt.

 

I would hold off from informing payplan for the moment. - lets find out what the situation is before making waves.

[Jesteruk]

Firstly if this is moved then you can find it using "your CP Panel"

Once an account is "settled" it will remain on your file for no more then 6 years, from the date of last payment.

 

If you can get a copy of your file it will certainly help you.

Now get yourself an A4 Ring binder with dividers so that you can keep a full paper trail of everything you send and receive.

Before you send anything remeber the following:

Never sign the letters

Always send via First Class Signed. This way you keep proof of what you have sent and when they recieved it.

NEVER SPEAK TO THEM ON THE PHONE.

 

Right here goes::

You need to see who each debt is assigned to, this can be found on your credit file, Depending on what the debt is for, depends on what you send them.

Credit cards/loans/Bank accounts/Catalogues etc can be served with a CCA request. To do this you need to send THIS LETTER to each and every one of them together with a £1.00 postal order (dont send cheques or cash) They then have 14 days in which to send you a true copy of the credit agreement. If they do not send one then they are in default of your request and you can stop paying that debt until they supply one.

 

Bank Charges - goto the bank charges section relating to your bank, and read the posts. Firstly you need to send off for all your statements in the last 6 years, this is done with THIS LETTER. (this letter will do the job) Enclose a £10 Postal order. They then have 40 days in which to supply it. Once they do then add up the charges and send a request for refund, which can be found in the letter template at the bank section.

 

Remeber to keep all letters that you send/recieve as you will need them again.This will take time to sort out as sadly there is no miracle cure

 

Good luck

[ontor]

Hi there Jesteruk,many thanks for the advice,

Just to let everyone know I have sent off 13 letters to 13 of my debt collection agencies and 1 bank charge refund request to my bank today.

Let's have fingers crossed so see what happens next..

I'll keep you guys posted..x

[ontor]

Hi Flyindoc,

Just to let you and everyone know I have sent 13 CCA requests to all 13 of my DCA'S, and 1 bank refund request today, fingers crossed pls 4 good news and let's wait and see what happens next...

I shall keep all informed.

 

Thanks Again

[Rooster-UK]

Two threads merged.

 

Please stick to one thread for this problem. If you don't then other users won't know where to post help.

 

Regards, Rooster.

[ontor]

thanks Rooster.....sorry new 2 this..

[ontor]

Hi everyone,

 

Firstly, I got replies back from 5 companies, ALL 4 d.c.a state that they do not believe they fall within the definition of a creditor contained within section 189 of the consumer credit act 1974, this is because the Act defines a creditor as the person providing credit under a c.c.a or the person to whom his rights and duties the agreement have passed by assignment or operation of law. So, in their case, they purchased the right to recover the outstanding balance due under the agreement, they did not purchase the duties under the agreement and these were retained by the original creditor who sold the debt to them, However, as a matter of good practice, they have sought to obtain a copy of the original agreement from the o.c. They have also written that IF the o.c is unable to provide a copy of the agreement it does not mean that they have no right to continue to request payment of the outstanding balance!

 

Secondly, I sent them all a postal order for £1 (statutory fee) but they returned them saying that Cabot financial does not accept the statutory fee required under section 77 and/or 78 of the Consumer Credit Act 1974 blah...I hope this isnt a bad thing..

 

Thirdly, on a more lighter note one d.c.a wrote back saying that they are unable to provide the information that I have requested and in light of the information contained in my letter, they can confirm that the account has been closed!! Shall I write one back to get them to remove the default applied on my account??

 

Lastly, I got back 1 c.c.a It's a very old Agreement and this is the best I could do whilst uploading it,,please check for compliance Thanks Loads x

[Jesteruk]

1. Im sure they do still have to provide a copy of the cca irrespect of how they came across your account, either purchased or acting for the OC, i will try an find out the correct letter for ya.

 

2. keep it for another DCA LOL

 

3. Closing an account may mean passing it back to the OC. In that case wait about 6 months and you will find another DCA chasing it, the start again lol. If they have put the default on your file, write to them confirming there letter and ask that in view of them not having the paperwork, would they be kind enough to reply confirming the balance has been wiped and all defaults and information relating to this account has been removed from your file. Be polite at first and if after 14 days you have had nothing from them again, contact the CRA and Information commisioner.

 

4 . Try uploading it to Photobucket, and placing a link, as i cant see a thing LOL

[davey77]

Hey Ontor.. sifting through my thread here may be of use. It's long and drawn out but i was a new here once too and have had loads of help!

 

Debt written off due to Carers Allowance? - Page 44 - The Consumer Forums

[Jesteruk]

FOUND IT!!! on my blinking hard drive, please edit to suit and return it to the 4 dca's along with the PO they returned:

 

Ref

Dear

Thank you for your letter dated XXXXXX its contents have been noted.

As a company collecting this debt to which I do not acknowledge, I must remind you of your duties under the Consumer Credit Act:

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5 (2), 3(b), 6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

Should you be unsure of any matter relating to the CCA request I suggest you contact your legal advisors for confirmation.

I will accept your letter dated XXXXXX as proof that you have acknowledged my request. For convenience I have enclosed the same £1.00 postal order to cover the costs.

I look forward to receiving your reply.

Yours sincerely

[ontor]

Hey Jesteruk & Davey77,

 

Thanks zillions for the advice and the template, i'm working on it now..and as for uploading the c.c.a im fiddling around with it shouldnt b too long..

[ontor]

Yipeee, Managed to upload it using photobucket, I hope this is big enuf guys

 

Take a look and tell me something Good..lol

http://i401.photobucket.com/albums/pp94/ontor1/cca1001.jpg

[ontor]

Yipeee, Managed to upload it using photobucket, I hope this is big enuf guys

 

Take a look and tell me something Good..lol

 

 

P-S,, Can I reclaim charges on accounts that have been closed? (well the d.c.a say they have been closed) including those I'm still paying off? :-?

Edited December 12, 2008 by ontor

[flyingdoc]

Sadly still not readable - and yes you can reclaim charges on closed accounts - as far back as 6 years

[Jesteruk]

IMHO - but would like to see a clearer image if possible - I believe that that is an application form.

CHECK HERE to see if its got all the required items

 

ALSO - you still have your account number written on it!!

[Jesteruk]

You say the DCA says the account is closed - im presuming you settle the debt?

If you didnt settle the debt and then apply for charges, you are basically admitting the debt is yours. If the charges are definatly greater then what is owed then go ahead!

[ontor]

Hi everyone, I'm back been busy chasing my d.c.a's..ONLY 3 company got back to me and the other 10 have completely ignored my request!!! ARGH!