where to start with CCA

[TashaGirl]

I'm new to the forum andcin need of some advice about where to begin please. Myself and husband have been ina a DMP for several years. Some accounts are being pursued by different DCAs and after reading various posts on CAG I wonder id we should be challenging some of these, who frankly are making our life a misery with harrassing phone calls. Can anyone advise me (in simplecterms) where I should begin please ?

[renegadeimp]

What dmp are you with. I hope its not a fee paying one. Your DMP should be breathing down the backs of the creditors to stop harassing you, and reminding them of OFT guidelines.

[TashaGirl]

It is a fee paying one (eurodebt/pentagon) because of the amount of debt - we couldn't find a free one to help us when we started the agreement back in 2004

 

Our biggest issue is with vanquis/impact who ignore everyone and just keep calling from random numbers

Edited July 27, 2013 by TashaGirl
added info

[renegadeimp]

give stepchange a ring and see if they can help. The fee's you are paying are a complete waste of money. That money could be used to pay off your debt. Not line the pockets of a managing director who can do the same job that others do for free.

[TashaGirl]

Will do, thank you

[renegadeimp]

One thing they are good at is getting the creditors off your back. They can be very persuasive with them.

[dx100uk]

I would be getting both your cra files. [see below links]

 

get out of that fee paying dmp now.

 

I would suspect 90% of your debt will be spoof.

 

pentagon was set up by old staff from one of the big dca's

 

 

pers, I would dump them

 

and fire off a cca request to everyone you are paying through the DMP.

 

adapt the following text to YOUR details.

DO NOT SIGN THE LETTER!

get a £1 BLANK Postal order

write on the back

for statutory £1 CCA FEE ONLY.

leave the payee BLANK

post the two off by 1st class post, get proof of posting from PO counter

they have 12+2 WORKING days to comply.

 

firm demanding money

 

street,

 

town,

 

county

 

postcode

 

 

 

Dear Sir/Madam

 

 

 

Re:- Account/Reference Number 12345678

 

I do not acknowledge any debt with your Company or Associates

 

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, including a detailed statement of the account.

 

 

 

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 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.

 

 

 

We look forward to hearing from you.

 

 

 

Yours faithfully

 

Mr A N Other [PC print yourname - do NOT sign it!]

 

 

dx

[TashaGirl]

Thank you for that.

 

How do I go about taking over managing the payments myself - do I just give pentagon notice and write to the creditors to notify them to contact me direct.

 

Are they likely to reinstate interest charges though ?

[dx100uk]

I would suspect you are in for a few shocks and surprises.

 

if you've been in a fee paying dmp for that long

I bet no checks were done whatsoever

as to if the debt were truly owed

and legally enforceable.

 

pers i'd just write to pentagon telling them

you wish to now close the plan

 

they'll wave their arms around

as they have prob made £1000's out of you in the last 10yrs

 

sadly I think you are going to find

you've been cash cowed on many of your debts.

 

if you wish

list your debt here

and whom you currently pay them too.

 

you wont need to write to any of the creditors

[other than send them a cca request

once we've seen the list]

 

just remember

no fee paying DMCis in it for YOUR benefit.

 

I bet when all the singing and dancing is done.

 

you'll be left with just a few debts

that you can easily manage yourself.

 

there is NO REASON

 

in this day and age to not do a self admin'd DMP.

 

dx

[TashaGirl]

There are about 15 creditors and over the course of 9 yrs I've lost track of who has bought the debts ! Reckon pentagon must have made iro 8-10k by now tho ! Tomorrow's proje t is to find the list of who's who, request cra files and write cca letters.

 

Feels good to be taking some positive action.

 

Thank you

[BRIGADIER2JCS]

I think dx100uk is right on the money here, have you received any statements on these debts from the DMC or the DCAs?

[TashaGirl]

Thank you, some of the credit cards send monthly statements but we haven't had anything else in a long time

[sequenci]

How much debt is there in total?

[BRIGADIER2JCS]

Thank you, some of the credit cards send monthly statements but we haven't had anything else in a long time

I think you have been taken for a long and very costly ride, as dx said, it would be to your advantage to get these debts under your own control.

[TashaGirl]

Oh dear, I shan't even dwell on it now - too late, best guess is still about75k

[renegadeimp]

I bet that 90% of that is unenforceable or already written off.

 

Can you post a list of your debts along with info. If you choose to do rhe dmp yourself, we can help.

[sequenci]

Oh dear, I shan't even dwell on it now - too late, best guess is still about75k

 

Just for clarification, £75,000?

 

Do you have assets?

[TashaGirl]

Yes and no, live in rented property, no savings

[sequenci]

How much can you afford a month to service your debts? Have you considered petitioning to become bankrupt?

[TashaGirl]

Bankruptcy isnt an option because of husbands job, we have to fine a way to settle what we owe. Seems I need to take back control of the dmp situation

[Peterbard]

In whose name is the debt? If it is not all joint debt, could you separate out your debt from your husbands so we can see what the situation is then. If it's possible alist of creditors and what is owed would be helpful, but not essential at this stage.

[TashaGirl]

Experian credit reports ordered, cca letters printed and going out this week. First little steps. Thanks for the advice.

[TashaGirl]

Ok, here goes: I have a list of debtors/amounts/dca's. I know it's terrible at around 95k and we are so ashamed of it, but we have been struggling for years to try to pay it back without making even a dent in it - the only ones to gain are of course the DMC

 

Lloyds TSB | £3,946.77 | 1st Credit

Lloyds TSB | £573.23 | 1st Credit

Morgan Stanley | £4,520.51 | Aktiv Kapital

Halifax | £3,675.01 | Cabot Financial

Lloyds TSB | £12,958.17 | Cabot Financial

Lloyds TSB | £4,020.99 | Cabot Financial

Halifax | £4,376.96 | Cabot Financial

Morgan Stanley | £5,703.28 | Cabot Financial

Barclaycard | £1,770.56 | Cabot Financial

Lloyds TSB | £16,339.88 | Cabot Financial

Halifax | £3,519.41 | Cabot Financial

Creation Financial Services | £1,386.97 | Cabot Financial

Monument | £1,206.91 | Compucredit (Monument)

Argos Card | £881.50 | Direct Legal & Collections

MBNA Loans | £2,620.82 | Link Financial

Lloyds TSB | £15,004.53 | Lloyds TSB Recoveries

Mint Card | £3,778.54 | Mint Card

American Express | £3,061.09 | RMA

Vanquis Card Credit Services | £473.04 | Vanquis Card Credit Services

Vanquis Card Credit Services | £2,742.05 | Vanquis Card Credit Services

Edited August 6, 2013 by TashaGirl

[dx100uk]

well I bet +50% of these debts will not see a cca return.

 

an sar to Lloyds will not go amiss either

 

dx

[TashaGirl]

Thank you dx. Please pardon my ignorance, but when I do a SAR to Lloyds, what do I achieve ?