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Debt management company kept my money, then closed - need help with cca requests


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Guest FunkyChick81

created this on this thread as not sure if I did the right thing adding it to my old thread lol (newbie)

 

OK from the beginning...

 

I have about 30k of debt through several credit cards (20k+) a current account and a loan (originally 16k - now over 7k 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. They also took my first 3 instalments 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 it’s all refunded at the end of my plan??

I have never had a statement from them despite asking on numerous occasions and when I ask they say they'll post one out but yet they say I can’t contact my creditors to find out where I am (debt wise).

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 - I could have typed it!

All my accounts have defaulted and now I am receiving letters saying they are starting legal proceedings from the debt collectors – only 2 debts are still with OC. 2 other debts – I don’t actually know who they are with now?

I eventually got in touch (it took a month) with Global (the debt management company) and put in a complaint which they didn’t do anything about, when I finally got in touch with my creditors it seems that I am owing FAR more now, then what I was when I joined Global in May 08 due to numerous fees and interest and also lots and lots of missing payments from global.

I contacted FSO about this and they have registered the complaint and given them 8 weeks to respond. However, I received a letter from them this morning to say they are no longer trading and have transferred everything to 123 finance (which they have no details about), 2 days prior to this they took my payment (everything I have) and have not paid any creditors again. Some creditors are missing up to 12 payments over the past 16 months.

I was about to cca my creditors but held off whilst the complaint was being dealt with as from what I've read you don’t pay the creditors whilst doing this - Is this right?

My money has gone and my creditors are threatening to start legal action, I have nothing left to pay them this month.

 

My poor mum is in a worse mess as she has given them over 8k to settle her debts and it looks like they've run off with her money as she hasn’t received any letters to say they aren’t trading anymore.

 

I just don’t know what to do now, I am at my wit's end...can anyone help???

:(:(:-(

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you can send a cca request at any time. if tey fail to respond after 12 = 2 days then you are within yourrights to withold any payment until they respond accordingly.

 

send them off then you can maybe look at relciaming all those charges that have been applied.

 

ida x

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Guest FunkyChick81

Thanks Ida,

Anything that would help to get the debt down would be great, I'll send off the cca requests - do I need to send these to the dca's that are now dealing with the debt? and how do I pay as my cheque would have a signature on?

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Thanks Ida,

Anything that would help to get the debt down would be great, I'll send off the cca requests - do I need to send these to the dca's that are now dealing with the debt? and how do I pay as my cheque would have a signature on?

Send the CCA requests to the DCAs that are now dealing with the debts, and pay by postal order.

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Guest FunkyChick81

Thanks again Ida and blueda, I've sent all the letters off, meanwhile I did find this copy of my loan agreement, it does look quite official, I think this is the copy they gave me, can you have a look and let me know if this is forceable?

http://i850.photobucket.com/albums/ab61/Maria26662/loanagreement.jpg

 

Thanks again

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Hi

 

Sorry to hear of yours and your mums plight.

 

Whats on page 2 I only see one page?

 

Is your signature on the other page?

 

Global have left a lot of people up the creek without a paddle just passing it on to 123 and I know a lot of people aren't happy about that. I know from the number of people that have now started with the company I work for who I would not recommend anyone going with as they are charging a fair amount to send similar letters to creditors that you can do for yourself with the help of the good people on the forum that even includes getting court papers etc.

 

I would suggest you contact CAB and see what you can do regarding monies paid to them. I don't know how it stands being transferred to 123.

 

Also I would suggest ringing someone like the National Debt Helpline, Payplan or CCCS, Payplan and CCCS do not charge you for doing a DMP although CCCS wont take anything on that you are disputing I dont know if Payplan is the same.

 

Your creditors have 12 + 2 days to respond to your CCA request after that time you can put the accounts into dispute.

 

Have you thought about the Bankrupcy route as you don't own your own home etc., they can't take anything from you. My son did that last year and the relief was obvious, he actually started sleeping again, stopped being ill and began to be his old self again. I would only recommend this option as a last resort but it is something you could think about. I don't agree with people just going bankrupt just to get rid of the debt but sometimes its the only way.

 

Just post up whatever you get from your creditors in response to your CCA requests you will get lots of help.

 

DG

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

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Guest FunkyChick81

Hi Diamondgirl,

page 2 is the same as page 1 and also says page 1 of 2 so I wonder if they gave the right copies to me. I do remember signing something as I had to go into the bank to do this.

 

Re global: I put in a complaint to the fso and they asked if I wanted a copy going to 123 I said yes as they would be continuing with my accounts and they have registered 2 complaints re the missing payments - 1 to global and 1 to 123 so now as 123 finance havent missed payments because I havent been with them more than a few days they have refused to take my accounts on so now i'm with no-one.

 

I've sent the cca requests off today so if they dont respond at least I can hold off on payments till then. If they then are forceable then I thought of going to cccs as ive heard good reports about them.

 

I did consider the bankruptcy thing but it would put my job in jepoardy (which is decent money in current climate) and complicate things so have decided to try this route and see where it takes me, I hope some are unenforceable as the debt since global has gone up by a huge amount depite paying nearly 8k in payments since joining them.

 

This website is a godsend in terms of advice, you think you are on your own until you read the posts on here :)

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so they have not sent anything with your sinature on it?

 

ida x

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Hi Diamondgirl,

page 2 is the same as page 1 and also says page 1 of 2 so I wonder if they gave the right copies to me. I do remember signing something as I had to go into the bank to do this.

 

Re global: I put in a complaint to the fso and they asked if I wanted a copy going to 123 I said yes as they would be continuing with my accounts and they have registered 2 complaints re the missing payments - 1 to global and 1 to 123 so now as 123 finance havent missed payments because I havent been with them more than a few days they have refused to take my accounts on so now i'm with no-one.

 

I've sent the cca requests off today so if they dont respond at least I can hold off on payments till then. If they then are forceable then I thought of going to cccs as ive heard good reports about them.

 

I did consider the bankruptcy thing but it would put my job in jepoardy (which is decent money in current climate) and complicate things so have decided to try this route and see where it takes me, I hope some are unenforceable as the debt since global has gone up by a huge amount depite paying nearly 8k in payments since joining them.

 

This website is a godsend in terms of advice, you think you are on your own until you read the posts on here :)

 

Yes exactly you do think you are on your own - there are lots of people in the same situation - me included. I've been with CCCS over 12 months now and I have just reduced my payment due to the job I do now being a lot less money. I've had two replies from my creditors who have both accepted the new payments, the others I've not heard off yet. It does appear that most creditors are happy to go along with whatever CCCS or Payplan offer.

 

You would lose nothing by giving them a ring next week as they are very busy at the moment as you can imagine and it does give you time to get everything together before they ring you back waiting time is over 2 weeks at the moment with CCCS. It does make your life easier and you don't really get the phone calls and letters from your creditors with the threats once you go on an approved plan.

 

Don't forget as soon as you get your CCA response use photobucket to load your copies onto your thread and don't forget to remove your personal details and any barcodes which may be on the letters etc.,

 

DG

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

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Guest FunkyChick81

Hi Ida, Ive not heard from any of the companies yet, its only been a couple of days but the agreement I posted up was one I found in my files, there is no signature on this but I have still sent a cca request to them as it could just be my copy which I dont always sign.

 

My main problem is this loan agreement though as jeremy sutcilffe solicitors are now dealing with it on behalf of yorkshire and as they havent received payments since May (due to global not paying them - more missing payments) they now said they will proceed down the ccj route so the payments come directly from my employer, I asked them if i could continue the payment arrangement with them that global had until I find another debt management company and they said they would consider this after they had seen an income expenditure form and proof again and the current payment arrangement had been cancelled due to non-payment.

 

What should I do? should I offer to make a token payment to stop the ccj process of should I wait until i've heard about the cca request?

 

Diamond girl, I havent applied with another debt managment company yet as most dont take on debt that are going through this process. I was going to wait until I know whats forceable.

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who did you send the cca too? was it jeremy sutcliffe? if not send them a cca request.

 

if this is how JS are plain it them i would alos be tempted to send a sar to the yorkshire bank unless you already have the default notice?

 

Ida x

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Guest FunkyChick81

It was jeremy Sutcliffe that I sent the cca request to.

 

I dont think I've had the default notice from them, I've had that many default notices Its hard to keep up whats from who, I certainly dont have record of one unless its in the statements Ive sent to global over the past year.

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that's fine then its simple you will arrage payment when and if they comply.

 

it's up to yu whether you make a token payment in the meantime to see if they gonna comply.

 

 

maybe wait until you see what tehy resond wth before the sar but it's worth a tenner to check tosee if they have a compliant default notice as something up your sleeve

 

ida x

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Guest FunkyChick81

Cheers again Ida,

 

I'll wait until they reply before I make payments again I think.

I'll see what they respond with but with regards to the sar - I'm not sure what you mean by something up your sleeve, I'm not entirely up on the sar?

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if they have sent you a default notice, it has to be in the correct format etc and if not all tha you are due is what the arrears on the default notice were. That's why it might b a good idea whe you have a spare tenner to send one off to the loan cmpanyitself for all the data tey hold which should include a copy of the defaultn otice and termination letter

 

ida x

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can you scan, delete personal info but keep the date maek and post up here

 

ida x

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Guest FunkyChick81

Cheers diamondgirl,

I have recieved some letters meanwhile from creditors that say they have received my cca request and are dealing with my request.

Do they have to send the cca within the 12+2 days or just a response?

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Guest FunkyChick81
I read about this firm on BView.

Apparantly they have transferred their business to a firm called 123 finance which they (Ali Abadi and Jennifer Goddard) are directors of. Might be worth complaining about that firm too.

 

Hey george, I have already put in a complaint to the fso about both, not that its done any good, from talking to alex (Ali) it seems he has applied for a job at 123 finance also.

Edited by FunkyChick81
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Guest FunkyChick81

I'm still not sure what to do with yorkshire/jeremy sutcliffe, should I offer to set up a new payment arrangement or should I wait till I have the cca?

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