Newbie needing some advice

[debtstruggle]

Hi there, I've spent a couple of hours looking around your site and the various topics you cover. Its been helpful.

 

Let me tell you a little about my story, I am Dan, I'll be 23 at the end of this month.

A few years ago, I was with a partner and we thought all was peachy, as you do.

We managed to run up some debt which when the relationship broke down, I was left with. Since then I have figured out why everything went in my name! Young and stupid.

 

Anyway, the result is that I am now with the CCCS paying £105 a month to clear my debts. Some of which are growing each month!!

 

The next problem, is I have recently lost my job and I am now unemployed, meaning I have absolutely zero income!

 

I am actively seeking work, of course but it seems very difficult at the moment with lots of interviews that go no further.

 

I am going to call the CCCS tomorrow to tell them I am now unemployed and can no longer pay them, which to be honest is worrying me to death.

 

The debts are things like vanquis, aqua, littlewoods, mutual clothing (a loan, unsecured), an overdraft with halifax (moved to a debt collection agency last week) and an argos card. I believe thats all there is on my plan with the CCCS but I can check for sure if it woud help you.

 

I have read some topics about CCA's? I'm not too sure what they are but would it be worth me writing to my creditors and asking for the original CCA's? I have read about a few people who did this and it ended up with the credit leaving them alone and writing off the debt, although knowing my luck they will be able to provide the CCA!

 

I sincerely hope you can help me somehow.

 

Kindest regards.

Dan.

[maroondevo52]

Hello and Welcome,

 

Regarding sending the CCA requests, you can to,vanquis, aqua, littlewoods, mutual clothing, and argos card.

 

The overdrafts a bit more complicated regarding CCA's.

 

Also with these cards, you can re-claim any charges applied, if they happen to come up with enforceable CCA's.

 

You'd need to send a Subject Access Request to each company if you don't have your statements.

 

This is the CCA template, send recorded with a £1 Postal Order.

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/581-cca-request-letter

 

Best thing to do would be to start new threads in the relevant Forum's but we'll wait until you've had replys from your CCA requests.

 

Regards.

 

Scott.

[cerberusalert]

First send them all a CCA request (except the overdraft) to see if they are entitled to collect this debt & if it's enforcable. If they fail to provide it within 12 working days from receipt, or the CCA is unenforcable you can legally withold any payment until they do. Send it recorded delivery enclosing a £1 postal order. When you get a reply, scan it & remove any identifying details and post it back here where we can have a look at it. We'll advise you from there;

 

Dear Sir/Madam

 

Re:- Account No: XXXXXXXX/Your Reference Number: XXXXXXX

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR). I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you intend to send a reconstituted copy of the CCA you must declare the reason why it has been reconstituted and if the original exists and in what form (microfiche) etc.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

Furthermore, with regards to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

 

I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)

 

I now require all further correspondence from your company to be made in writing only.

 

You are reminded of the following under Consumer Protection from Unfair Trading Regulations 2008.

 

Trading Standards can bring about a prosecution if, with the object of coercing another person to pay money claimed from the other as a debt due under contract, he or she:

 

(a) harasses the other with demands for payment which by their frequency, or the manner or occasion of their making, or any accompanying threat or publicity are calculated to subject him or his family or household to alarm, distress or humiliation;

(b) falsely represents, in relation to the money claimed, that criminal proceedings lie for failure to pay it;

© falsely represent themselves to be authorized in some official capacity to claim or enforce payment;

(d) utters a document falsely represented by him to have some official character or purporting to have some official character which he knows it has not.

 

I am of the view that your harassment of me by telephone puts you in breach of the Consumer Protection from Unfair Trading Regulations 2008, and the Protection from Harassment Act 1997.

 

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

 

Further to this if it is your intention to arrange a call from your 'Doorstep Collectors', I note that there is only an implied license under English Common Law for certain people to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.).

 

Take note, I revoke license under English Common Law for you, or any of your representatives to visit me at my property and if you do so without my permission, you will then be liable to damages for a tort of trespass. You would also be conspiring in a trespass if you sent someone to visit me nevertheless. Any trespassers you attempt to send therefore will be dealt with accordingly.Be further advised that any further telephone calls from your company will be recorded.

 

(Print in red optional addition)

 

I look forward to hearing from you.

 

Yours faithfully **Edit to suit**

 

(Print do not sign signature)

[debtstruggle]

Thank you very much. I will get those printed out and send them off with the postal orders and let you know the responses.

 

Thank you very much.

[debtstruggle]

Just a quick question that has popped in to my head, this won't affect my plan with the CCCS will it? or cause the creditors to refuse my current plan with them?

 

Thanks again.

[maroondevo52]

This is something I'm not too sure about

 

The thing to remember about CCCS is that their function is to negotiate repayment. They have no interest in whether or not the creditor or DCA has a right to collect, or even if the debt exists at all.

 

I'll have a look around for more info.

 

Picked this up from another thread..................

 

"once you have declared all your creditors to them and then instruct them to delete a creditor because they cannot produce a copy of the original signed agreement, CCCS will be unhappy and take you of the dmp (this is a recent ruling from CCCS)".

 

Think this cagger's on-line now, I'll see if he can confirm.

 

Regards.

 

Scott.

[cerberusalert]

No & no, although if it is discovered that any of the agreements are unenforceable and you decide to stop paying those CCCS may decide not to act for you. That's no big problem as you can do it yourself plus there's Payplan.

 

If you have no salary now you should only be making a token payment + a word of warning... open a parachute a/c with an unrelated banking group otherwise you could find them offsetting between a/cs.

[debtstruggle]

I have an account with barclays that I opened when all this started with the CCCS so I could pay them from that account.

I've been out of work now for 2 weeks, the last payment to CCCS (1st July) was paid in full but I have no chance of making the next payment to them.

 

So, if the companies cannot provide proof of the CCA, what does that mean for the debt? Do I still have to pay them or are they then "gone"?

 

Thanks for all the help so far, it feels great to be welcomed so well and helped without being judged like so many do.

[cerberusalert]

As long as non of the debts are associated with Barclays your money will be safe & you can control payment. Do not set up any direct debits everything must be paid with standing orders.

 

If they cannot produce a CCA or it's unenforceable you can withold payment, the debt does not go away it still exists morally, it's just they will not be able to take legal enforcement.

 

They will trash your credit file, but that will happen anyway when you pay reduced payments... that's if they haven't already done it when you went through CCCS.

[debtstruggle]

My credit file is trashed already, I've pretty much lost it and don't see it getting better for many years.

 

Not great really when my partner is pregnant with our first and we're going to be needing credit checks for renting houses and stuff in the next few months.

 

Thats whats worrying me, if we can't find somewhere to live because of my credit history.

 

So, if they cant produce the cca and I withhold payment, will it just be there on my file as a bad debt forever?

 

I have direct debits with barclays, but its car insurance, nothing to do with the debts at all. Only direct debits are for things that are non debt related.

[cerberusalert]

So, if they cant produce the cca and I withhold payment, will it just be there on my file as a bad debt forever?

No, a default is on your file for six years.

[cerberusalert]

Thread moved to General Debt Forum.

[debtstruggle]

6 years sounds a hell of a lot better than forever!

 

Thanks again for the help, I'm trying to get these letters printed off so I can get them sent out.

 

Is there anything else I could do in the mean time?

 

Thanks again.

[cerberusalert]

Is there anything else I could do in the mean time?

not really, it all depends on what you get back as to how you'll need to proceed. If anyone telephones you refuse to answer their stupid security questions and tell them you'll only communicate in writing.