Please help, probs with dmp company not paying creditors

[PGH7447]

Hi and welcome to the CAG

 

Hi guys,

 

I hope I'm doing this right and posting this in the right place (newby).

 

I have about 30k of debt through several credit cards (20k+) and a loan (originally 15k - now over 6k left).

Last may 2008 I signed up with global debt on a dmp as I had more outgoing than incoming, purely on debt, (live with parents still so no mortgage). Up until this point I had always paid the min on time every month without fail. - out of which they take a slice ofr doing not a lot

I have recieved up to 15 phone calls a day from the companies asking for money but according to my terms with global I am not allowed to be in contact with them so I am constantly on the phone to global each week asking them to sort this. send these people the telephone harrassment letter see link below

But the main problem is global - from the odd statement I recieve from my creditors it appears I am in more debt now then when I started from mainly fees and some interest as when global pay my creditors each month they either miss payments altogether or pay too late so I get fees!!

They also took my first 3 installments when I first started with them when it states in their terms they only take the first payment and when I question them about it they tell me its all refunded at the end of my plan?? - stop using them then, they are taking money from your pocket, some of these firms are as bad as the DCA's

I have never had a statement from them despite asking on numerous occassions and when i ask they say they'll post one out but yet I cant contact my creditors to find out where I am (debtwise).

All they have sent to me (twice) is a list of the amount they pay to each company - nothing else - no dates, no balances, nothing.

All my accounts have defaulted (something they advised wouldnt happen) and now I am receiving letters saying they are starting legal proceedings from the debt collectors.

I just don't know what to do now its all such a mess.

 

Someone told me to report them to the financial services ombudsman, what should I do?

 

Also I got a call the other day from a company saying they could get my debts written off under the unenforceable thing with the credit card agreement (as majority of my debts are agreements I took out years ago) for a small fee and is ringing me back to discuss it. She advised if their credit agreements do not comply with the cca act (or something to that effect) or they have ever put my credit limit up without my agreement the debt can be written off. really you can do it for free yourself with a little perserverance

Now obviousley I would love to write off my debts, is this legal through another company? and can you do this whilst under a dmp with debts that have been sold on to debt collectors? especially as they are now talking court action and if I do this unenforceable thing will I have to go to court??

 

Sorry its so many questions but I am a bit baffled about all this.

Please, please can someone advise me what I should do??

I would be so grateful for any response.

 

Thank you in advance :confused:

 

What you need to do is send each dca a CCA request this cost £1 and they must provide the credit agreement within 12+2 days, send it with a £1 postal order and do not sign it, also send it recorded. - this is only used for credit cards and loans

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

 

Sebd each Original creditor a sar this cost £10 and they have 40 days to respond with all statements, then you can see if any charges have been added that you can claim back.

http://www.consumerwiki.co.uk/index.php/Subject_Access_Request

also send each dca or whoever is phoning a phone harrassment letter.

http://www.consumerwiki.co.uk/index.php/Debt::_Letter_Templates#DCA_-response_to_threats_of_home_visits

[PGH7447]

golden rule

 

CCA the DCA

SAR the OC

 

if you go with CCCS they will not recommend that you fight any debts whether they are enfoceable or not

 

you can complain anytime, but again it is best to request the firms complaints procedure first and when they fail to respond then complain to the OFT / TS

[PGH7447]

you can cca the oc if you wish