send letter to write off debt or challenge CAGs

[equinox747]

Hi, if anybody can help? i have CAg all my credit cards 90% don't have any valid agreements, my question is I am now so skint i'm on pension credit.ok you all know how old i am, but i'm not bothered about my credit rating.i can't realistically meet my Debt management plan with CCCs and need to write to all my creditors, but do i go down the road , sorry it's not that i wont pay it's i can't, and ask them to write off the debt? or do i battle it out with those that can't produce the CAgs? any help would be appreciated.Don't mind the fight that doesn't put me off, there all leeches anyway, we've bailed them out 36billion.

[brokebutnotbeatn]

you're with CCS so they should adjust your plan according to what you can afford and write accordingly to all your creditors. Alternatively you send the appropriate letters re non enforceable CCA, stop paying and sit tight, offering those that have an enforceable CCA £1/month. I assume you don't have a house?

[harrassed senior]

Credit Management plans do not usually agree with the non-enforceable route, and if this is the way you choose to go, (and why not) you may need to come off the plan and handle your creditors yourself. As has been said realistically on pension credit £1 per month is normal.

[brokebutnotbeatn]

Not sure why people say DM companies don't agree with the non enforceable route. You'd just tell them to stop paying x and remove them fromm the plan. Mind you, I don't know about CCCS as they're funded by the banks, so perhaps they react differently! But they should work out an affordable I&E with you (although CCCS said I could pay £300 more than the plan I am on so that is clearly nonsense too...). SOrry if I sound cynicle, I feel jaded today! can't spell today either!

[jon888999]

Not sure why people say DM companies don't agree with the non enforceable route. You'd just tell them to stop paying x and remove them fromm the plan. Mind you, I don't know about CCCS as they're funded by the banks, so perhaps they react differently! But they should work out an affordable I&E with you (although CCCS said I could pay £300 more than the plan I am on so that is clearly nonsense too...). SOrry if I sound cynicle, I feel jaded today! can't spell today either!

DM Companies don't encourage it because they lose there commission. They act in there best interests not yours.

[brokebutnotbeatn]

I think this depends on the DM company. You may be right. But if the overall figure isn't changing they haven't lost anything. Note, I'm in a position to pay a reasonable sum (just not the sum my minimum payments required) so I expect it's different for me. Mind you, my DM company said most of their clients pay max £5/month and they actively discouraged me to pay more towards my plan...I really think it depends on the company...and I of course only have limited experience. Only ventured into this in March this year...

[equinox747]

hi guys would like to thank all for your input from everybody::)think i'll go down the route NO CAG then fight for it and those who have i'll offer £1 per month, as CCCS wont handle anything less than £100 per month,it's impossible for me to pay that amount now, as i believe that if i make a payment of just £1 per month i am acknowledging the debt?

[equinox747]

you're with CCS so they should adjust your plan according to what you can afford and write accordingly to all your creditors. Alternatively you send the appropriate letters re non enforceable CCA, stop paying and sit tight, offering those that have an enforceable CCA £1/month. I assume you don't have a house?

 

CCCS wont help unless you have £100 minimum as mentioned in other comments, they work on the commission they get ,just out of interest they deal with more than £17million a month, they keep it in their bank for 28 days and the interest presumably together with commission funds CCCS, so they are biased in favor of the creditor, as there are many avenues they could help with, but are really only interested in getting some money to the creditors, and hey that's fine, I have a citi card which was transferred to Clarity i refused to pay clarity through CCCS and told them to suspend payment , they said they could fpr three months and then would put a zero balance on the account if not resolved by then, but after CAG and Deed of assignment to Clarity and four recorded letters, Clarity eventually conceded and sent the debt back to citi, which proves if they haven't got a CAG then there is little they can do, but rely on our ability to pay them...and yeah I've got a house and because of the lowsy endowment i was sold 15 years ago, I've had to extend my mortgage till 2018 I'll be 70 before i can realise any equity from my home....not too worried about any charging orders or bankruptcy as i have 21 creditors in total so if one came at me i would simply go down the road that it would be unfair and unjust for anyone creditor to have an advantage over the other.

Edited August 13, 2009 by equinox747

[brokebutnotbeatn]

Although a registered charity, CCCS are funded bu the banks. they get back a percentage of what they secure for them. If you don't believe me, ask them!

[babybear39]

I was not aware of this

[summer30]

Although a registered charity, CCCS are funded bu the banks. they get back a percentage of what they secure for them. If you don't believe me, ask them!

 

 

I thought they were fabulous some years ago when everything sort of kicked off for us, but then they seemed to turn and getting very funny where before they allowed more than enough living money they then hardly gave at all.

 

My husband was to go on a IVA before we really knew about it, and then lost his job, CCCS refused to take him back on a DMP and we ended up paying token amounts and still are 4 years later.

[brokebutnotbeatn]

BB, sorry but its true. I have a DMP which I pay for. I was recommmended by Barclays and Halifax to go to CCCS as it is managed for free. As my plan costs me £100/month I worked out I could put that into my plan and pay my debts off in 6 rather than 7 years. I was warned about CCCS so I waited 6 weeks for an appointment with them. I asked them outright whether it was true they are funded by the banbks etc and they confirmed that they get back a percentage of what they secure for them in payment. Needless to say they were ghastly to me and said I could afford 30% more than I was already paying (clearly nonsense). I was absolutely disgusted by their tone and agenda; however, I am a fair person and perhaps I got someone on a bad hair day. Although they clearly didn't like telling me how they are funded! They have a list of acceptable costs...who sets the limits for food etc? e.g. they told me I was spending too much on petrol. I use my car to get the kids to school and myself to work...that's all. It is what it is. At the time a Ford Focus ex demo...I have therefore stuck with by objective 3rd party provider and so far they've been supportive and helpful. In this life, nothing is free and I'd rather pay my 3rd party than have the banks pay them; at least I know who their customer is! BTW, many people have been helped by CCCS so each to his own I say. Mine is a subjective judgement.

[equinox747]

hi, regarding how much your allowed this is a link i don't know if the site moderator will remove it? but it is from the British banking and is in line with CCCS. this tell you exactly what they consider to be fair?

http://www.thedebtadvisorintroducers.co.uk/pdf/Income%20&%20Expenditure%20Guidance.pdf:)

[brokebutnotbeatn]

Hi E747 but did you know that a judge will not consider it to be fair if you're asked to reduce your standard of living? I've only recently learned that. Actually, only a judge can rule what is 'fair' CCCS and the banks can't! I didn't know that either until recently!

[equinox747]

Still getting the ocassional letter which I have ignored for the time being! I have been waiting for all the bank charges advice to come out before I progress with action. I will soon use the new aproach outlined by the experts. Either way the account has now been placed in dispute.

 

 

hi, hope i'm in the right place sorry if not? i have requested from HSBC a copy of a signed agreement this is for a bank account overdraft and they have failed to do this, , to date they have sent me nothing: i'm thinking to be on the safe side i should Subject Access request them: that way i would get everything they have, is that correct? i will send DG solicitors a letter of account in dispute; can anybody advise?

[bradfordlad]

Hi equinox - best to start your own thread so the original one doesn't get confusing.

 

As I understand it, there is no signed agreement for overdrafts so a CCA request will not produce anything. A SAR is a good idea, at least you'll then have everything that they could rely on in future.

 

If you click here http://www.consumeractiongroup.co.uk/forum/newthread.php?do=newthread&f=10 it'll start a new thread in the HSBC forum.

 

Good luck

 

BL