Confused!! Can you advise.

[jojo84]

I got into debt and about 4 years ago I contacted CCCS who were fantastic and arranged for me to pay them £140 per month to keep the hounds from the door. I have done this religiously and never missed. I have had my wages slashed by a 1/3rd in my new job. CCCS now say that I cannot afford to pay anything (the least they accept is £45 per month) and are ready to drop me. I am worried to death about the harrassment and fear of dealing with this by myself. ALTHOUGH I have often wondered what all my debt consists of and how much of it is interest and charges for missed payments etc. All of the debt is unsecured. Should I go it alone and if so where do i begin. I successfully claimed back bank charges and PPI with the fabulous advice from this site. I do not want to run from the debt. I want to pay as little as possible so that I can live at the same time. Is there a chance i will lose my home through these debts? We have a joint mortgage but the debts are all in my name as it was solely my debt. Can I claim back charges etc to reduce the debts?? Please help as I feel am stuck between a pillar and a hard post!

[IdaInFife]

Hi,

 

yes you can do this alone.

 

can you list what debts you have and the rough amount and if they are with the original creditor or dca?

 

ida x

[jojo84]

Hi, thanks so much for the reply, some are with a debt collection agency.

AMERICAN EXPRESS £2200

BARCLAYCARD £2600 (one of these was previously a morgan stanley credit card, not sure why it changed to barclaycard)

BARCLAYCARD £3300

CAPITAL ONE BANK £870

CL FINANCE £410

FREDRICKSON INTERNATIONAL (DCA) £460

LLOYDS TSB CARDSERVICES £975

MOORCROFT DEBT RECOVERY (DCA) £12.500 ( All the interest was added to the amount I borrowed on this the minute I got the loan so I only borrowed about 8k which they advised me to do in order to clear my credit card, it was with EGG.)

MOORCROFT DEBT RECOVERY (DCA) almost finished this one. £30

 

Can you advise me?

Edited June 23, 2009 by joeyanddave
too close together

[blueda]

There are options that you can decide on, do you want to send for CCA requests to your creditors to find out if they have any legal right to claim payments from you ? or do you want to offer them affordable payments ?, if you take a look at the templates page on the link below you will get an idea as to what you want to do in order to move forward, the CCA letter template is letter N, and there are letters for other options, take a look then post back on here for further advice.

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

[jojo84]

Thanks, I think it might be best to see firstly if they have a legal right to claim payments via CCA? After all I am sure they would pick up every loophole in the system so why shouldnt I?? Then if they do....ask them to show me everything they have, would that be the subject access?

[jojo84]

Thank you , I am thinking....CCA to see if I legally owe them the money, if so...subject access...to see what the debt consists of..... would I then be able to ask them to remove the charges and the interest on the account before I made them an affordable offer of payment?

[IdaInFife]

cca first and see what they come up with, if anything.

it helps to deal with them one stage at a time

 

ida x

[jojo84]

should I put in a hold the account letter along with a cca or send them seperately at different times?

[IdaInFife]

hold the account??

 

ida x

[blueda]

should I put in a hold the account letter along with a cca or send them seperately at different times?

Just send the CCA request, i have never heard of a hold the account letter, sometimes the creditor puts the account on hold in response to the CCA request whilst they try to find the CCA.

[jojo84]

Thankyou. I am posting them today! Here goes!!!

[blueda]

Keep us posted jojo, and as Ida said take it one step at a time, print your name at the bottom of the letter, dont sign your name, include an uncrossed £1.00 postal order and send it 1st class recorded delivery and keep the receipt safe.

Edited June 27, 2009 by blueda
Typo

[jojo84]

I posted them on Saturday! (when should I get a response by? Is it 12 working days?) All filed and organised, here goes. One step at a time. Thanks everyone, I feel supported even though not a single member of my family friends are aware of this. Thank you.

[blueda]

The creditors have 12+2 working days excluding holidays to reply.

[jojo84]

I have recieved a response from Moorcroft, please can anyone advise my next move. I am getting a little scared! Thanks Guys, the main body or the letter minus my details of course is as follows.................

“We refer to your recently received letter requesting data as per Section 77-79 Consumer Credit Act 1974.

We duly confirm that we have requested the relevant documentation from our client and once received we will duly forward the same to you. Meanwhile, we duly confirm that all collection activity on the account has been put on hold and we will not seek to enforce payment of this debt until such time as the documentation has been supplied or we have advised you to the contrary.

In the meantime, however, we believe that it may be of assistance to all parties if we also take this opportunity to ensure any potential areas of dispute are addressed prior to any possible court action or further investigation. To this end can you provide an indication of the information you will be relying upon, when giving evidence to the court or information to the relevant statutory authorities in relation to the alleged subject matter of this account.

Please could you provide this information by return as this will ensure that all possible areas of dispute are identified as quickly as possible thereby minimizing potential costs and delays.”

[IdaInFife]

file it,

 

don't need to do nothing until as they say they contact you again

 

ida x

[jojo84]

I have now received a letter from Barclaycard wich looks like a photocopy of terms and conditions (No Signatures anywhere) and at the end they say they have now fullfilled my request. Is this so?

Jo x

[blueda]

I have now received a letter from Barclaycard wich looks like a photocopy of terms and conditions (No Signatures anywhere) and at the end they say they have now fullfilled my request. Is this so?

Jo x

No signed copy of CCA = Unenforcable, they are trying to bluff you , send them the account in dispute letter, print your name, do not sign.

[jojo84]

Sending today, this is the correct one isnt it???

 

Dear Sirs,

 

Account Number: XXX

 

Re; your recent reply to my request under section 77-79 of the Consumer Credit Act 1974

 

I note that you have replied to the above by sending a copy of an application form and your companies current Terms and conditions I must inform you that this is not sufficient to comply with the request and that your company is still in default under the act.

 

To clarify, just sending the Terms and Conditions is a breach of the Act and Regulations as, apart from the information that the Regulations provide that you may exclude, the copy must be a “true copy” of the agreement.

 

This breach of the agreement can be demonstrated as follows;

As you will know section 180(1) (b) authorises, “the omission from a copy of certain material from the original, or the inclusion of certain material in condensed form.” This refers to statutory instruments made under the heading Copies of document regulations and in this care in particular to SI 1983/1557.

 

Before leaving section 180 there are two other sections that should be remembered these are:

 

Section 2(2) (a) A duty imposed by any provision of this Act (except section 35) to supply a copy of any document is not satisfied unless the copy supplied is in the prescribed form and conforms to the prescribed requirements;

 

And more importantly

 

Section 2(b) A duty imposed by any provision of this Act (except section 35) to supply a copy of any document is not infringed by the omission of any material, or its inclusion in condensed form, if that is authorised by regulations.

 

You will see that this quite clearly states that whilst certain items may be left out of the copy document the rest of the document must be in the form and contain all items as prescribed by the regulations.

 

Turning to the regulations regarding what may be omitted from these copies these are contained with SI 1983/1557.

 

The regulations state:

(2) There may be omitted from any such copy-

(a) any information included in an executed agreement, security instrument or other document relating to the debtor, hirer or surety or included for the use of the creditor or owner only which is not required to be included therein by the Act or any Regulations thereunder as to the form and content of the document of which it is a copy;

(b) any signature box, signature or date of signature (other than, in the case of a copy of a cancelable executed agreement delivered to the debtor under section 63(1) of the Act, the date of signature by the debtor of an agreement to which section 68(b) of the Act applies);

 

It is quite clear what can be omitted from the copy document, this again asserts that all other details of the agreement should presented in form and content as required by the regulations.

 

The requirements of the Agreement regulations 1983/1553 are very explicit in describing the form and content of an agreement and this as I have demonstrated also applies to the copy of any such agreement with the above mentioned proviso.

 

Nowhere within these regulations does it state that part of the agreement can be presented on a separate document headed terms and conditions.

It does state that all terms and conditions should be within the agreement document and is explicit of the form in which it is presented.

 

I hope this explains why your reply was unacceptable I await a True copy of my agreement and would remind you again that whilst the request has not been complied with the default continues

[jojo84]

received this from cap one.....

 

please find enclosed a copy of your credit agreement as requested. In accordance with section 78 of the consumer credit act 1974 and the consumer credit (cancellation notices and copy documents) regulations 1983, this is your original agreement and if any terms have been varied then the copy agreement will include the updated terms. In addition, your personal details, the signature box, signature and date of signature have been omitted from the copy provided as permitted under regulation 3 of the consumer credit (cancellation and copy documents) Regulations 1983.

Your account is in default and the amount currently due and payable is .....

Under section 78 we are not required to provide a copy of the default notice and statement of default. However we can confirm that a statement of default was issued on .... June 2009.

 

They sent me t and c's and a credit agreement, no signature! Pleeeeease can someone advise me what to do next? Is this usual? Do they have to provide me with my signature???

 

Getting scared again! Gulp! xx

[IdaInFife]

it's a loophole, if you really want to see if they have the agreement

 

have you read this? :

 

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

 

and a cagger who has used the above:

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/165349-smt37-morgan-stanley-goldfish.html

 

ida x

[jojo84]

Quick update, got typical answers from barclays, ts and cs but no signatures etc (intend to fight them) got a signed egg agreement from moorcroft (I am making an offer of monthly payments altho a very small one due to my circumstances) Lloyds have completely ignored the cca requests and are just demanding payments (is this account in dispute?) shop direct have admitted they dont have a copy of an agreement so (I will offer a very small monthly payment) and cl finance havent even responded either (account in dispute).

 

Can anyone clear up the charging order on your house threat? I do have a mortgage in joint names (not married so different names anyhow). As the debt with moorcroft is 12k and I am gonna offer a £10 monthly payment, I feel they may make this threat. Can they do it even if the mortgage is NOT in JUST my name only? Does it have to go to court first? My partner doesnt even know about this debt and if they put a charging order on our home, I fear I will lose more than just my house. Please advise???? Thanks everyone. x

[jojo84]

the debt is in my name only x