Stopping Payments to Stepchange and going it "alone"

[blondiegirl]

Hi helpful people :0)

 

Just about to write my letters.

 

1. So I need to SAR the OCs to see what fees etc were applied 6 years ago to see whether I can get these maybe taken off any balances. I need to send £10 to each OC (better to get postal order??).

 

2. Then CCA the DCAs to see if I really should be paying them all back or if they're blatantly taking the mickey? Is there a letter for this please? And do they charge too?

 

3. Then start a thread for each debt and see what happens??

 

 

 

MBNA sold to Idem Servicing September 2012 £2,601

MBNA sold to Idem Servicing Sept 2012 £1,600

Barclaycard assigned debt to Aktiv Kapital April 2011 £2,789

MBNA sold to Moorgate September 2012 £1,617

Barclaycard/Cabot Financial £1,749

Barclaycard/Cabot Financial £4,663

[theoldrouge]

Just about to write my letters.

 

1. So I need to SAR the OCs to see what fees etc were applied 6 years ago to see whether I can get these maybe taken off any balances. I need to send £10 to each OC (better to get postal order??).YES

 

2. Then CCA the DCAs to see if I really should be paying them all back or if they're blatantly taking the mickey? Is there a letter for this please? And do they charge too?

 

Statutory fee £1

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387435-CCA-Request-Consumer-Credit-Act-1974

 

 

 

3. Then start a thread for each debt and see what happens??YES

[blondiegirl]

That's great. Thank you so much

[dx100uk]

cca request

 

 

sar

 

 

yes use po's

 

 

on the cca £1 ones leave them blank.

 

 

dx

[BRIGADIER2JCS]

Hi helpful people :0)

 

Just about to write my letters.

 

1. So I need to SAR the OCs to see what fees etc were applied 6 years ago to see whether I can get these maybe taken off any balances. I need to send £10 to each OC (better to get postal order??).

 

2. Then CCA the DCAs to see if I really should be paying them all back or if they're blatantly taking the mickey? Is there a letter for this please? And do they charge too?

 

3. Then start a thread for each debt and see what happens??

 

 

 

MBNA sold to Idem Servicing September 2012 £2,601

MBNA sold to Idem Servicing Sept 2012 £1,600

Barclaycard assigned debt to Aktiv Kapital April 2011 £2,789

MBNA sold to Moorgate September 2012 £1,617

Barclaycard/Cabot Financial £1,749

Barclaycard/Cabot Financial £4,663

 

 

 

 

Templates for SAR and CCA request in the CAG library.

£10 fee for SAR if you have more than 1 account with any creditor only one fee is needed.

£1 Fee for CCA request 1 fee per account.

 

 

The fees are all Statutory Requirements.

 

 

Yes use POs clearly marked " For Statutory Fee Only"..

[blondiegirl]

Have CCA'd Cabot Financial and will see what they send.

 

 

 

BOS/Sainsbury's card/Cabot Financial £5,086

Barclaycard/Cabot Financial £1,749

Barclaycard/Cabot Financial £4,663

[mikeymack2002]

Do you want to post up further details so we maybe able to help? like the last payment have you got all of the statements and reclaimed the fees and maybe if there was any PPI involved?

 

 

How old are these debts please?

[blondiegirl]

Payments made through the CCCS/Step Change and have been doing so for around 6 years.

 

BOS/Sainsbury's get £20.95 a month. This was defaulted and no longer shows on my credit report so I don't have much more info. I've paid off nearly £3k to them over 6 years, and owe £5k.

 

Cabot/Barclaycard get £18.79 a month Account opened in 1995. £2,6k paid off, £4,6k owing. Showing as arrangement to pay/debt management plan on credit report.

 

Cabot/Barclaycard get £7.01 a month. Account opened in 1995. £1k paid off. £1,7k owing. Showing as arrangement to pay/debt management plan on credit report.

 

As of yet, I've only sent the CCA to them. I haven't sent a SAR to see if there are fees (there were lots of DF fees added and over limit). No PPI because we've never taken any out.

 

 

 

 

 

 

BOS/Sainsbury's card/Cabot Financial £5,086

Barclaycard/Cabot Financial £1,749

Barclaycard/Cabot Financial £4,663

[blondiegirl]

Letter to Cabot received and signed-for on the 26th September!

[blondiegirl]

So Cabot have responded with 3 duplicate letters. They have responded as follows:

 

"Thank you for your request for information under the Consumer Credit Act 1974. Cabot Financial currently does not have this information on file. However, we have requested the relevant information under section 77 and/or 78 of the Consumer Credit Act 1974 from the original lender.

 

What happens next?

We anticipate that we will be able to provide this information within 40 days. In the even that we are unlikey to obtain this information within thost time limits, we will write to you again".

 

So do I have to wait for the 40 from the date of their letter?

 

THANK YOU

 

 

 

BOS/Sainsbury's card/Cabot Financial £5,065

Barclaycard/Cabot Financial £1,742

Barclaycard/Cabot Financial £4,614

[Old Cogger]

12 days + 2 then in default by them only SAR 40 days, Cabot try with all and sundry it seems, if I received a response like that Straight to the ICO formal complaint as I did with HSBC in the past!

[blondiegirl]

Hello

I have posted separately for each DCA that we have to deal with and have updated accordingly.

 

However, I have a general question which someone might be able to advise on please.

 

We pay nearly £200 a month through a DMP and have done so for 6 years.

 

It started with payments of £354 a month and we have already paid off £27,000.

 

As I think we were ill-advised in the beginning from the CCCS should I stop paying them, and go it alone?

 

Several accounts have defaulted and no longer appear on my credit file.

 

For these accounts, I would like to reduce my payments right down.

They aren't showing anywhere so would I ever have to declare them (*if* we were ever able to move and look at another mortgage etc)??

 

If I write to the OC who defaulted me and whose accounts no longer show,

 

I can't offer minimal payment through the CCCS because we are meant to treat each account fairly

and pay back a "fair" payment to each OC/DCA according to the amount owed as a ratio (if that makes sense)

 

 

so I couldn't tell the CCCS to reduce payments to the OC where the accounts no longer show.

 

Does this make sense??

 

THANK YOU

 

Thanks. I presume you wrote to the ICO?

 

 

What happened with the HSBC?

 

 

What could I expect the ICO to do?

[dx100uk]

if the debts are no longer showing on your credit file

that means they were defaulted more than 6yrs ago and have dropped off

 

 

THEY CANNOT RETURN

and now are doing you/cannoy do you no more - any harm to your credit rating.

 

 

pers I would be dumping Stepchange now

 

 

£27k is one hell of a lot of money

and I think as the CCA returns start to fail

you are going to be very annoyed that these type ofchecks were not done on day one!!

 

 

sadly no DMC ever does any checks, bar the national debt line

who in recent times have 'woken up' to checking the legality of debts FIRST

before recommending one of the free DMC's to people.

 

 

dump them

 

 

and do it yourself now.

 

 

as for reducing payments

that's easy to sort out

 

 

you just now have to make THEM jump through YOU HOOPS

rather than the otherway around!!

 

 

dx

[blondiegirl]

So I've started to make them jump through hoops

- 2 have replied today saying they have nothing to send me and will try and locate the documentation from the OC.

 

 

Cabot say they will try to do this within 40 days. Aktiv kapital don't give a time scale.

 

How do I get reduced payments? Is there a process? Letters?

 

I'm not sure what to do now to

 

 

a) leave Stepchange

 

 

b) reduce payments and

 

 

c) respond to Cabot and Aktiv kapital

[dx100uk]

once any one fails the 12+2 WORKING days deadline

to send you an ENFORCEABLE CCA

 

 

you STOP PAYMENTS TO THEM.

 

 

this is why its better to dump stepchange

 

 

they wont like/let you remove individual debts from a plan.

 

 

pers I'd be closing it

and doing it yourself

with those creditors that pass the CCA test.

 

 

it is easy to negotiate a new payment plan under your own self run scheme.

 

 

you simply TELL them what they are going to get.

 

 

dx

[Old Cogger]

HSBC apologised and made a statement that a new system to comply with regulation time scales are in place, also have been told that a file on certain subjects of complaints are recorded for possible later action against them,.if continued, your case ICO should reprimand them or force action possibly? if we do not let ICO know then these parasites get away with it!

[blondiegirl]

OK, so leaving Stepchange is easy.

 

How do I reduce payments to those who have defaulted me?

 

 

I am sure it is as easy as sending a letter, but is there a standard one to use?

 

What do I do with those who "pass the CCA" -

and I assume you mean send me the correct info within the right timescale?

 

What will happen with those who don't provide the right info

ie, Cabot/Aktiv?

 

 

If I just simply stop paying, they're going to start to send letters etc presumably.

[blondiegirl]

What do I need to do now, given that they're unlikely to provide the signature agreement docs?

[dx100uk]

yes you'll probably get a forest through your door

 

 

because you have found out that they have been cash cowing you for years on debts

they cannot legally enforce

and if truth were known

never could.

 

 

pers I'd be waiting till we get ALL the info on all the debts

 

 

then workout which need paying

 

 

then start a fresh under your own administered plan

 

 

all the details ofwhat to do/send etc

are here and on many internet sites.

 

 

but for the minute

 

 

I'd sit on your hands.

 

 

any that fail the CCA 'test'

could be sent a letter

 

 

but in all truth they know the score

and theres little point in starting letter tennis with them.

 

 

until / unless someone after money produces an enforceable CCA they are STUFFED!!

[blondiegirl]

Thanks for your reply I will wait and see what they all come up with (or not) and take it from there.

 

*if* they can't produce anything, and I stop paying, and it's unenforceable etc etc, can anything be changed on a credit reference file??

[dx100uk]

no

 

 

but I would suspect most of your debts are close to the 6yrs defaulted date anyhow

 

 

dx

[blondiegirl]

This is my problem;

 

 

what appears on the credit file.

 

 

We went onto a DMP just over 6 years ago now and

some of the debts were defaulted and no longer appear on the credit files.

So there's no point in paying them larger amounts every month.

I have requested CCAs from these too, and I will see what comes up.

I will SAR them as well to see if there were any fees (there were).

 

But, my main problem is those companies, such as Barclaycard, MBNA etc who agreed this DMP.

They are reporting to the CRAs that we're on a DMP.

And they will continue to do so until 6 years after the debt is paid off - until we probably retire or die!

 

 

So trying to get the CCAs is the start of the process to sort this whole mess out, but I'm not sure what I can achieve.

 

Great if I can get monthly payments down.

Even better if some DCAs write the debts off.

But it's the credit files that are causing no end of problems for us.

[dx100uk]

so you have the dreaded AP marker with no default listed in the debt summary?

 

 

dx

[blondiegirl]

YES! several.

 

And it isn't fair - we are, and will be, penalised for years and years.

Going bankrupt seemed a far better option.

But Stepchange not to do anything like this.

 

This is why I started all of this.

 

 

I was none the wiser when we set this all up.

 

 

Stepchange didn't mention anything about this.

 

 

Now we were thinking of moving into rented, let our house out, but I know we won't get a buy-to-let mortgage to do this.

 

 

Big problem because of a small house (now with children) and needing to move because of schools.

 

 

And we couldn't get a loan for a car or lease one - we need a vehicle. No car = no work = no money.

 

I am at my wit's end.

[dx100uk]

ideally again this is something that stepchange should of sorted

 

 

getting the debt defaulted first and getting interest and penalties stopped.

 

 

it might well be better to deal with each on that has the years of AP markers

on the thread for that debt.

 

 

there was until recently good worth in complaining that the AP marker is

disadvantaging you as apposed to other debtors that don't pay at all.

 

 

but there was a recent change in the ICO guidelines

and they appear not to be resolving such AP marker issues anymore

but I suspect there will be no harm in asking

as this happened before the change.

 

 

dx