Jump to content


Unenforceable credit / Debt Management Plan - help please


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5027 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi All,

 

i'm new to this forum and have been reading over some posts and the wealth of info is staggering and i'm hoping somebody can help me with debt that has been wrecking my life for years

 

I have 2 loans and numerous credit cards that i have defaulted on - i was made redundant 6 odd years ago - and although i had protection, when i started work again i was earning much less & could not afford to keep up payments

 

I have had a debt management plan with the Consumer Credit Counselling Service for over 5 years now - but the balances are just not coming down

 

Could this course of action help me? Am i able to persue having a DMP for so long?

 

If so, where to start? There is so much info here i'm a little confused

 

Is there a step by step guide anywhere? Or templates of letters I need?

 

Where do i start?

 

thanks in advance

Link to post
Share on other sites

  • Replies 61
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

It is incumbent on any creditor to prove the debt. You are within your rights to ask all your creditors to supply a copy of any agreement's they may hold. If you have been on a DMP for over five years, and the debt is not reducing, then there is something sadly wrong. Are you supposed to continue paying for the rest of your life.

 

You may also find that numerable charges etc have been added to the accounts. Once an agreement has been defaulted, then unless specifically incorporated within any agreements terms and conditions, further interest should not accrue.

Please note: I give advice, in good faith, based on my reading and experience. Please satisfy yourself, that any advice given is accurate in content before acting upon it.

A to Z index

http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/53182-cant-find-what-youre.html

 

...........................................................................

Link to post
Share on other sites

Send all of your creditors (excluding overdrafts) a CCA request link

 

Note.

 

Credit Cards are covered by s78 of the act.

Loans are covered by s77 of the act.

 

So adjust the template to suit.

 

If the creditors do not respond within fourteen days, or fail to provide a copy with the prescribed terms, then you are within your rights to withold payments.

Please note: I give advice, in good faith, based on my reading and experience. Please satisfy yourself, that any advice given is accurate in content before acting upon it.

A to Z index

http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/53182-cant-find-what-youre.html

 

...........................................................................

Link to post
Share on other sites

  • 1 month later...

OK, i have had my 1st reply from Monument - Customer relations

 

My scanner is playing up but the following is the exact text from the letter :-

 

"It is perhaps worth us explaining a little about the Copy of executed agreement section 78(1) requires us to provide you. COPY for the purposes of the CCA does not refer to an EXACT copy of the agreement you signed. We are therefore not required by the CCA to provide you with a photocopy of the agreement showing your signature.

 

Section 78 requires us to provide you with a copy of your agreement which looks like the one you signed but which has been updated to contain the the terms and conditions which currently apply to your agreement. Importantly, the copy is not required to include your name or signature"

 

Surely this cant be right? Could anyone advise

Link to post
Share on other sites

I have had another letter fro Barclaycard this time - advising, by law, they do NOT need to provide me a copy of the SIGNED agreement - and have just sent a photocopy of current terms & conditions of a credit card

 

Please, please can somebody advise next step

 

thanks once again

Link to post
Share on other sites

  • 1 month later...

Ok

 

since the above I have had a new credit card with a new credit limit sent to me by barclaycard as i am a "valued customer"

 

And HFC have wrote saying before they can send me what i have requested they need my signature

 

I think it is time for me to send off my formal complaint letters & withold payments

 

What do you think???

Link to post
Share on other sites

If nobody has sent you a CCA as requested then you can firstly put the accounts in dispute and amend to suit and stop any payment if you haven't already done so.

 

With regards to the signature by all means send them your signature but not your normal one.

 

I assume you haven't used the new credit card and is it still the same account number? I assume they have just sent you a new one because your old one is out of date.

 

DG

I have no legal training my knowledge comes from my personal life experiences

Please help keep the forum alive by making a donation

Link to post
Share on other sites

I have not had a credit card with ANYONE for years - i have been on a DMP for over 5 years and have not had or used a credit card for at least that long

 

1 question - IF i were to accept & use the card - would this start re-building my credit rating???

Link to post
Share on other sites

I doubt it very much as your credit rating will have taken a hammering and will take some considerable time to recover.

 

Have you checked your credit rating recently its always worth checking you should find that it still shows you on a DMP or an arrangement to pay.

 

You may find someone would give you credit but it would be at a very high interest rate.

 

I'm on a DMP and other than 1 default at the moment my credit looks fine until you see all the arrangements to pay and the ones that say on a DMP. So the chances of me getting credit is NIL.

 

I do have a very small BC which I pay religiously every month that shows a good credit rating but as I said the rest is lousy.

 

DG

I have no legal training my knowledge comes from my personal life experiences

Please help keep the forum alive by making a donation

Link to post
Share on other sites

Hi,

 

For any of the creditors that haven't sent your CCA, send them an account in dispute letter. Here is one I like but there are others out there:

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/172071-letter-co-solicitors.html#post1856406

 

Also have a look at this thread:

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html

 

It explains a lot.

 

fox

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

Link to post
Share on other sites

  • 4 months later...

HI,

 

Back in july I started sending out letters regarding unenforceble debts

 

http://www.consumeractiongroup.co.uk/forum/general/193215-unenforceable-credit-debt-management.html#post2248489

 

to all my creditors

 

I have had most debts stopped or written off (Barclays even wrote to me saying i did not hold any products with them)

 

But RBS is causing me huge problems - they passed debt to Wescot credit services who sent me a letter acknowleding account in dispute & that they had sent my postal order & request for copy signed copy of credit agreement to RBS

 

RBS has then passed debt over to Frederickson International - another debt collection company - i sent them ALL correspondance to & from RBS & Wescott

 

They have continued to harrass me for months, sayin RBS have sent the requested info (which they have not) and have now passed over to solicitors to start court proceedings

 

The letter came today (im at work so dont know the full details) - my wife opened it

 

All this has been making her ill for last couple of months - constant phone calls & letters - and now this

 

Please can anyone offer any advice - I cant afford to pay the debt outright & scared if go to court more & more charges will be added

 

Please, any advice would be greatly recieved

 

thanks in advance

Link to post
Share on other sites

Guest Old_andrew2018

Its probably BS, however you could up-load it after removing personal details you will soon receive replies from forum contributers.

 

Andy

Link to post
Share on other sites

if they did not reply to your CCA in 12+2 days

then game over ignore them & stop payment too.

 

if you want send the account in dispute letter too & p'haps the telephone harrassment letter [see the temples section]

 

its all hot air is just the bloke that sits on the next table to the one that wrote to you before.

 

DCA's have NO LEGAL POWERS ignore them.

 

you need to understand you are on a phishing list, it will just get passed around and around.

 

there is a plus side tothis, you can offer a very very low F&F to final close this matter.

 

dx

Edited by dx100uk

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Thank you for the quick replies

 

I will upload the letter threatening court action this evening (at work again)

 

I will also send them a copy of all correspondance to & from Westcot & Frederickson - is it best to send these recorded delivery?

 

Sorry whats a F&F ?

Link to post
Share on other sites

I get rid of a lot of DCA by repeatedly asking for all of my previous statements , originals not copies!

 

then just create a paper trail nightmare for them, deny the balance , look for a way to challenge the balance etc,

 

they generally give up and pass it on to a lesser company , Westcot are one of these, just keep making legal demands on them

 

Phone calls!! tell them that they are breaching protection from harassment act , use the template letter, or change your number lol

Link to post
Share on other sites

Garfs said:

Sorry whats a F&F ?

 

F&F is full and final settlement, plenty of threads on this, use the search inthe blue bar above.,

 

pers. i wouldn'y waste your time sending anything, costs you money too and it won't work.

 

when these lists get sold, additional info like - its statute barred, its in dispute etc etc do not get fwded on , if they did the next leecher would not pay to buy the debt.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Just had another text from frederickson - so i rang them & they said they wanted payment proposals

 

I said that i had letter from solicitors threatening court action & that i have forwarded all letters etc to them recorded delivery

 

I also asked who "owned" the debt & they said RBS & they are just acting onbehalf - and also that they had PROOF the requested documents had been sent to me - i i asked them to prove it as i have not recieved anything & they just said they dont have to prove i recieved it - just that it been sent

 

Surely this cant be right

 

I'm getting really worried as i dont want to have to go to court before christmas - or end up having to pay even more - i doubt i could even afford a solicitor - and i'm dreading bailiffs coming to the house - can they do this?

Link to post
Share on other sites

Guest Old_andrew2018

why are you calling these people they will set out to confuse, threaten and lie to you as you will have noted from the conversation.

Are you still planning to up-load the letter mentioned in post 4, if you do please remove any personal info.

There is no change of court action before Xmas it takes longer, or bailiff visits without a court order, for that to happen you would have defaulted on any payment plan agreed by a court.

Link to post
Share on other sites

I know it worrying but help is at hand.

Its a long way off court and if a claim is made you will get lots of help from all the caggers.

If it went to court a judge would only order you pay what you can afford even if its only £1.

Don't speak to any of the low life on the phone it is their chance to try to intimidate, scare and force you to make some sort of payment.

Get the telephone harrassment letter off immediately make sure any correspondance you send to them states communincation only in writing.

If your with BT ring them up and get your number changed and go ex directory it can be done within 24 hours and you even get a choice of phone numbers you can have and then you will get peace and quiet, the only calls then would be from your family and friends who you give the number to.

I did that and the calls stopped immediately.

I have had only one creditor take me to court so far and that was struck out with the help of the caggers.

SD

I have no legal training and any knowledge I possess is based on my own experiences

Previously on the forum as Diamond Girl but still having problems logging back in

Link to post
Share on other sites

thank you for the quick reply - i've never been in this situation before, never even been to court before

 

Yes i will upload the solicitor letter this eve & will blank out any account details - i will also upload the letters from moorcroft & frederickson (the dca's)

 

thanks again

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...