CCCS and Creditors Not Accepting Offers

[faz1964]

Hi

 

We have just set up a DMP with CCCS and have received letters back from them saying our creditors

 

"are unable to accept the reduced payment proposal we have recently offered because larger payment offer required. It is likely that the creditor will default your account and may pass your debt onto a debt collection agency"

 

I cannot understand the logic in not accepting:???:

 

Are we to expect to be bombarded with calls and letters from the DCA's requesting increasing our payments which is out of the question?

 

Any advice of where to go from here would be appreciated as the CCCS have stated in their letter that "there is no need for us to take any further action at this time"

 

Many thanks

[studentatou]

Hi faz, it could just be a tactic used by the creditors to try and get more money. You should check this out with the CCCS. You state the CCCS letter said 'no need for us to take any further action' did this mean you or them not taking any action.

 

Sorry I cannot really be of much help but these are some questions that another CAGger may ask to help you further

[Goldlady]

The next step is to find out if they have enforceable agreements. I had same problem with sending letters via CAB when times got tough. Strangely the creditors who refused to accept reduced payments were the ones who didn't have valid agreements who actually got £0 in the end.

 

You need to send Letter N from the following link to them with £1 postal order but you need to track when they cash it.

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

 

Best of luck

[Desperate Daniella]

Hi Faz,

 

I started with CCCS which at least got the phone calls to stop, but I agree with Goldlady: See if they have enforceable agreements. It's quite clear that a number of my credit card companies don't.

 

Good luck.

[supasnooper]

Hi Faz,

 

Follow Goldladys advice and get the CCA requests off.

 

If any Banks or DCA's do contact you by letter, then refer them to CCCS.

 

If any of them phone you, just politely tell them to put it writing and put the phone down.

 

There is a letter about telephone harrassment posted on the forum....I'll have look and post it up for you to use should you need it.

[supasnooper]

Here's the link to the telephone harrassment letter :-

 

http://www.consumeractiongroup.co.uk/forum/letter-templates/131250-dca-creditor-harassment-telephone.html#post1408843

 

Amend it to suit if required.

[faz1964]

The next step is to find out if they have enforceable agreements. I had same problem with sending letters via CAB when times got tough. Strangely the creditors who refused to accept reduced payments were the ones who didn't have valid agreements who actually got £0 in the end.

 

You need to send Letter N from the following link to them with £1 postal order but you need to track when they cash it.

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

 

Best of luck

 

Hi

 

Thanks for all the replies:)

 

Wow, does this actually work? I saw a programme on tv not so long ago where a couple tried something like this, but in the end the legal costs were more than the debt:eek:

[Goldlady]

It didn't work for them in the end because they were taking the Michael and also set up a business charging people for doing it. There are those who believe they are involved in some sort of publicity stunt.

 

But the Consumer Credit Act 1974 does state that a creditor can't pursue a debt without a valid agreement. There are hundreds of posts on this site about the various ways people have used the CCA - have a look around.

[king123]

The CAB actually advised me that my accounts would likely get defaulted and passed to CCAs and I was made to feel this was normal and even desirable. My adviser's stance was that the CCAs were more likely to accept lower offers (which is what happened). If your credit history is in reasonable shape you want to avoid defaults, if it's not I'd follow the CCCS advice for now personally.

[angel_1]

The CAB actually advised me that my accounts would likely get defaulted and passed to CCAs and I was made to feel this was normal and even desirable. My adviser's stance was that the CCAs were more likely to accept lower offers (which is what happened). If your credit history is in reasonable shape you want to avoid defaults, if it's not I'd follow the CCCS advice for now personally.

 

hiya and welcome faz1964

 

i totally understand kings post, that debt collection agencies more likely to accept lower offers, but what i have then learnt do they have the legal power to actually collect the debt or have the fully executed agreement to have money paid to them - as most will only pay a small percentage of the debt in the first place they may not get the correct paperwork, ie your agreement with the passing over the debt, well thats what im finding and im fighting a couple on this basis already!

 

However, your first post reminded me of how i felt about a year ago when i finally realised i had to something but after visiting cab, and cccs online i then found nationaldebtline and cag,who have been my saviours and they helped me realise a lot of stuff -

 

i tried to be an upfront person and telling all the creditors of my illness and being off work, thinking my pro rata payments would help me and them realise i was addressing my issues full on, well some were kind and some were horrid, so it was really a mixed up bag, and nothing i expected to tell you the truth

 

i quickly realised i was just another debtor who they could telepone, harrass and threaten, not at all what i imagined,

 

i have got back to work but its taken most of the year to still have to deal with my illness, think of getting back to work and dealing with creditors

 

Now a year on, having cca's all my creditors, im getting and not getting the info on my cca and sars request, when i get anything decent, its either inlegible, which i dispute, and complain about, then im told to go to fos,

 

others have tried letters telling me i need to still pay even though im disputing or even waiting on my cca, what are the cca regs about then ???

 

now im in a much clearer and decisive mindset, 2009 is going to be clinical, sharp and direct, no pussyfooting about, cause more fuss than ever, report to all, liase with my mps, and learn everything to know about my rights, even thinking of doing a level law

 

with cag and its fab members, i know i can be positive in my outlook, because i never ever want to be in that place i was in a year ago

 

and i wouldnt wish it on anyone else, somehow, i know i have to give it my all next year, otherwise all the good from cag will have gone to waste and i dont want others efforts in guiding me have been in vain

 

so good luck .. all i can say is learn as much as you can, decide what you want to achieve in the short and long term, how it will affect you and your family if you have one, and what and where you want to be in a years time

 

only you have those answers, all we can offer is our experiences and those who are knowledgeable in law offer you legal snippets too

 

all together we can help each other as much as we can and remember always keep the faith,

 

take care sorry to have gone on a bit, too much coffee lol

 

laters angel x

Edited December 28, 2008 by angel_1

[davey77]

".....2009 is going to be clinical, sharp and direct, no pussyfooting about... "

 

I'm of the same mindset Angel_1

 

"...all together we can help each other as much as we can and remember always keep the faith.. "

 

Too right!

 

laters angel x

 

This site has totally change the way i view debt (and the 'people' who try to collect on those debts). Feel totally able to combat anything the creditors throw at me! Long may it continue - until i have beaten them all at their own game that is!

 

Good luck all!

[AJ2012]

I have read some really interesting posts here! (Even though I am aware they are really old!)

 

If I send CCA Requests to my Creditors, how are we able to tell if they are inforceable??

 

Thanks AJ xx

[king123]

Good question! I think unless you're an expert all you can do is post them up here (with personal details removed) and ask for opinions. Hopefully, however, somebody more knowledgeable will be along in a moment with a better answer! Maybe there's a post or FAQ somewhere which explains what to look for?

[AJ2012]

Thanks King123...

 

I am thinking about starting my own thread for advise, do you think that's best?

 

Ive got quite a lot to say lol x

[king123]

Yeah, for any specific issues and/or to detail your own circumstances start your own thread. Try not to post anything which could be used to personally identify you!

[AJ2012]

Wicked! Thanks King!

 

I will start my own thread later on tonight..

 

Look forward to everyone's advise!!

[Desperate Daniella]

Hi AJ2012,

 

As King has said, start your own thread, or threads. You'll need a different one for each creditor as all the agreements are different. Make sure you use the name of the organization in the thread title, as this will attract Caggers who can help you, i.e. 'Trouble with Barclaycard', not 'Trouble with credit card company'.

 

If you post the link(s) here, I'm sure anyone who can help will come over to your thread(s).

 

Send letters to your creditors asking for a copy of the alleged credit agreement, and you'll need to send a £1 postal order with each. You can send a cheque, but then they'll have a copy of your signature. Wait and see what you get, and then remove all the personal details, amounts of balances, etc., and post them on your threads.

 

Good luck.

 

DD

[AJ2012]

Thanks Daniella! I will be sure to post Link xx

[janet jones]

Creditors can reject anything you offer them through cccs they are not obligated to accept as you only have an informal agreement with cccs, this means that most creditors will push to get a ccj on you whether you agree to pay a debt or not a dmp is of little or no help, ive had it done to me and im with cccs, creditor accepted repayment with me and cccs then went behind my back and got a ccj against unfortunately i did not get the paperwork and the court say they are not responsible if you dont find out you have a ccj till its to late.I have found being on a dmp with any dmp company is not worth it as you get a ccj anyway and creditors are not honest and can fiddle their way with a court.

The fact that i had a ccj put on me without the evidence of a credit agreement, i was informed the court are not interested in whether the company can prove you owe them any money..(i got this from the court themselves. and other authorities...and they say although it is up to the company to prove you owe them debt not the other way around..the court accept that a creditor claims you owe it..means you do) it does not go to a judge when you get a ccj (I got this info from the court themselves it goes through a postal admin dept and the company pay a fee to have the document stamped..a judge never sees it, unless you want to pay it in installements..i have had legal advice that says this isnt the case but the court have assured me they are right here..and who can argue with a court?) anyway,it is assumed by the court you owe the debt because the company say you do and thats good enough.

The fact you get no default notice and nothing ever from a court to let you know their are or have been proceedings against you ..is of no concern to a court...and the fact they didnt inform you that a company has took out a ccj agaisnt you is no defence either.Courts seem to act on the say so of others.?..and i would have thought they would require some proof to get someone done,..and im concerned companies dont need to produce proof anyone owes them money which means anyone could make up a story you owe them money and apply to a court...BTW:you can buy a company for £14..99p on the inetrnet!

 

 

 

Hi faz, it could just be a tactic used by the creditors to try and get more money. You should check this out with the CCCS. You state the CCCS letter said 'no need for us to take any further action' did this mean you or them not taking any action.

 

Sorry I cannot really be of much help but these are some questions that another CAGger may ask to help you further

[chattanooga]

Sorry, but much of that is misleading.

 

Creditors can and will get a default judgement on their say so...if, and only if, the claim is not defended. Now, the fact that you were not aware that a judgment was being processed (and therefore had no opportunity to defend) means that you may have decent grounds to have the judgement 'set aside'. More knowledgable caggers than me can help/verify.

 

Courts seem to act on the say so of others

 

Only if they only hear one side of the story.

[brokebutnotbeatn]

Yes Janet J, you should apply to have this set aside and defend it. I am in a DMP that has been running smoothly with no hic ups for 3 years. Just being in a plan does not mean that you can sit back and ignore things. I check my CRA every month and keep an eye on what is being paid, when, to whom and that it is coming off the debt. Even in a plan you should still ascertain the CCA side of things and reclaim unfair charges. It's all work but it will pay dividends.

[janet jones]

Yes Janet J, you should apply to have this set aside and defend it. I am in a DMP that has been running smoothly with no hic ups for 3 years. Just being in a plan does not mean that you can sit back and ignore things. I check my CRA every month and keep an eye on what is being paid, when, to whom and that it is coming off the debt. Even in a plan you should still ascertain the CCA side of things and reclaim unfair charges. It's all work but it will pay dividends.

 

 

Thankyou i am aware of the set-aside, however i would have to take the company to court to defend myself and the cost at the moment is on the thousands...(advice from legal)..i dont have a few thousand pound hanging around...i simply cant afford to take them to court and they know it.Plus the company can afford the best solicitors..and i will have to defend myself...i dont stand a chance.This company have already violated nearly every guideline of the O.F.T.ive had to report them...and they can be raided by the O.F.T. ...and have now been reported for bringing a ccj agaisnt using decpetive purposes...i was lucky enough to get some free legal advice and lowell portfolio 1 ltd employ deceptive tatics.Although lowell have broken the O.F.Ts rules and did not before getting a ccj reply to any of my letters asking for a credit agreement...balance of account and deed of assigment..etc etc...nor did they afterwards nor did they provide a default notice, they debt was not pursued for over 7rs until recently and if it is not pursued after 6 years the debt is written off automatically by the law...the fact they came after me after nearly 7 yrs and did not contact me regarding the debt only to get a ccj on me, is a very serious matter with the O.F.T. and it is agianst the law.the O.F.T. are considering taking their credit licence away from the for this sort of disgusting underhand sneaky and unlawful behaviour...because so many people have had lowell pull the same trick on them.

[ims21]

Thankyou i am aware of the set-aside, however i would have to take the company to court to defend myself and the cost at the moment is on the thousands...(advice from legal)..i dont have a few thousand pound hanging around...i simply cant afford to take them to court and they know it.Plus the company can afford the best solicitors..and i will have to defend myself...i dont stand a chance.This company have already violated nearly every guideline of the O.F.T.ive had to report them...and they can be raided by the O.F.T. ...and have now been reported for bringing a ccj agaisnt using decpetive purposes...i was lucky enough to get some free legal advice and lowell portfolio 1 ltd employ deceptive tatics.Although lowell have broken the O.F.Ts rules and did not before getting a ccj reply to any of my letters asking for a credit agreement...balance of account and deed of assigment..etc etc...nor did they afterwards nor did they provide a default notice, they debt was not pursued for over 7rs until recently and if it is not pursued after 6 years the debt is written off automatically by the law...the fact they came after me after nearly 7 yrs and did not contact me regarding the debt only to get a ccj on me, is a very serious matter with the O.F.T. and it is agianst the law.the O.F.T. are considering taking their credit licence away from the for this sort of disgusting underhand sneaky and unlawful behaviour...because so many people have had lowell pull the same trick on them.

 

You would do better to start your own thread and set out your problem in a clear and concise manner. That way it will be easier to advise. From your posts at the moment, which are just dotted around various threads, it is almost impossible to help you out.

 

ims

[42man]

Janet.....it would be good for you to start a new thread on your story, however you might also be interested to read about this cagger who did set aside a CCJ that was given against a statute barred debt - http://www.consumeractiongroup.co.uk/forum/showthread.php?156502-Registered-County-Court-Judgement-***-WON-***&highlight=bobneedhelp

[IzzaCon]

Hi,

 

Please consider these points, I hope they help.

 

1) Using someone like the CCCS WILL help because they will negotiate on your behalf and help prevent you getting bullied into paying more than you can afford. They will also give you advice and help as you are faced with different Debt Collection Agencies and the different tactics they use.

 

2) You will still get defaults and possibly CCJ's, but that would happen anyway if you are not making your full contractual payments.

 

3) It is better to pay a something each month to show that you want to resolve the problem. Your creditors will be more co-operative if you do this. They will be less co-operative and more aggressive with you if they think you are just refusing to pay.

 

4) It is standard practice for many creditors to pass debts to Debt Collection Agencies if contractual payments are not being met and they do often accept lower payments.

 

5) DCA's will usually accept as little £5 per month, but you will need an Income and Expenditure analysis to show that this is the most you can afford. This is where the CCCS help very well.

 

6) If you offer less than £5 per month they are unlikely to accept it and could pursue their own action against you. However, they cannot refuse to take any payment you make to them, even if it is only £1.

 

My personal view is that going down the CCA and enforceable agreement route is a minefield and you really need to know what you are talking about. It will also involve a lot more work and might not achieve anything at all. It will certainly not get any debt "written off", it just becomes unenforceable, until they find the correct documentation, then it becomes enforceable again.

 

I hope some of this helps, but if you have any questions I will do my best to answer them.