CC's

[GRIFFC]

PLease could someone give me some advice, i have outstanding debts to several creditors although i have contcated a great charity run organisation called Payplan who have set up a debt management plan, they have sent my income and expenditure to all of my creditors and proposed offers on how much i can pay each one every month. So far one of my creditors has refused my offer and they are threatening CCJ action, i have continued to pay the amount i can afford to them although they have not agreed the amount. what do you think the likehood is that they will continue with action even though i have made a reasonable offer. I assume the court with go through the same process as payplan of taking into account my income and expenditure so i personally feel it would be of no benefit to them to action this as what i have offered is genuinely all i can afford.

 

I would appreciate advice from people in similar circumstances.

[GRIFFC]

PLease could someone give me some advice, i have outstanding debts to several creditors although i have contcated a great charity run organisation called Payplan who have set up a debt management plan, they have sent my income and expenditure to all of my creditors and proposed offers on how much i can pay each one every month. So far one of my creditors has refused my offer and they are threatening CCJ action, i have continued to pay the amount i can afford to them although they have not agreed the amount. what do you think the likehood is that they will continue with action even though i have made a reasonable offer. I assume the court with go through the same process as payplan of taking into account my income and expenditure so i personally feel it would be of no benefit to them to action this as what i have offered is genuinely all i can afford.

 

I would appreciate advice from people in similar circumstances.

[PGH7447]

whos the creditor? and they are obliged to accept an offer, do they state why they are refusing?

 

and they will certainly throw plenty of threats at you but that is usually all they are

 

if you provide more info then you will get more advice

[42man]

Are they trying to contact you directly ? if one of those companies is still contacting you then the OFT say this -

 

f. pressurising debtors to pay in full, in unreasonably large instalments, or to increase payments when they are unable to do so

c. refusing to deal with appointed or authorised third parties, such as Citizens Advice Bureaux, independent advice centres or money advisers

d. contacting debtors directly and bypassing their appointed representatives

 

e. operating a policy, without reason, of refusing to negotiate with debt management companies

 

[GRIFFC]

they are nationwide, i owe them £9XXX and the offer is for £130 per month. they are refusing as they state they either want a lump sum of half the amount off me and they wioll write off the other half or they will accept 3% of the debt per month, which i can't afford.

Edited August 11, 2009 by 42man
Edited due to original poster being identified...

[42man]

Payplan do a good job, but if a County Court Claim form comes your way, then they fill it in for you and you get an instant judgment, which has angered a few people on here in the past when the debt has been disputed, due to excessive charges, a non compliant default notice, dodgy agreement, no notices of assignment etc...

[GRIFFC]

yes they are contacting me directly and they won't deal with the debt management company i have appointed.

[42man]

It is a loan ? bank account ? credit cards ?

[PGH7447]

They HAVE to deal with the Debt management company, request their official complaints procedure.

 

and if they wont accept £130 a month offer them a £1

[GRIFFC]

it's a credit card debt.

I thought that offer was reasonable so i was shocked when they refused it, the case has now been passed to their solicitors who will decide about the CCJ action. Do you think it is likely they will take this action?? as i have agreed to pay them a fair amount.

[PGH7447]

have you asked for your agreement via a CCA request yet?

[GRIFFC]

what is a CCA request?

[PGH7447]

The Consumer Forums - Debt collectors

 

letter 8

 

it is a request that you send out to get a copy of your credit agreement, it costs £1 and they have to supply within 12+2 days, after this time the account is in dispute and you can if you wish withold payment.

 

it lets you see whether there is a valid enforceable agreement.

 

send it recorded; do not sign it; £1 postal order

 

 

If they want to play silly buggers - well so can we

[42man]

Good advice from PGH....do you still have the default notice and termination notice ? are they correct and in the prescribed format ?

[GRIFFC]

do you think payplan would have checked the credit agreements on my behalf?

i'm a bit worried about withholding payments if they don't send them in specified timescale, do you think i'll have a better chance of no CCj action if i play ball and continue to offer and pay what i can? the last thing i want is CCJ action.

[questioner]

get the CCA letter sent off fast and watch things change.

 

I used to pay them a quid a month but that stopped after the CCA letter hit the mark.

[GRIFFC]

How do i get it?

[PGH7447]

follow the link in post 13

 

and payplan will not check your agreements, they aint interested, as far as they and CCCS are concerned you owe you pay

[questioner]

"you owe you pay"

 

 

Yep - thats the same advice I got off CAB! So I said BYE BYE and came here!

[questioner]

good luck with it

Edited August 11, 2009 by questioner

[GRIFFC]

thank you.