Stopping Payments to Stepchange and going it "alone"

[dx100uk]

HI BG

 

own thread created

 

have you ever looked at your CRA file?

 

see below

 

noddle is free

 

dx

[dx100uk]

well make SURE they all show

and

if a dca DOESN'T own a debt

 

DONT pay them, pay the OC

 

and dont forget reclaiming.

 

dx

[dx100uk]

blondiegirl said:

Hi. Urgh! Another letter from DCA who state arrears!!!!!

So I'll start again requesting the CCAs and try and kickstart all this again.

 

3 questions:

 

1. Do I send the CCA letters to the original CC companies, or the 'DCA' companies?? - whomever is demanding money from you

2. How do I know if a debt has been sold? - check your CRA file

3. What's 're-claiming' see links below.

 

 

Sorry to sound thick - this is a minefield!! And it's hard to know where to start so thanks in advance for anyone's help :0)

 

reclaiming is getting back ALL the unlawful PENALTY charges [£12 fees for late/over/letter/phone call/failed DD/debt management ... anything the says FEE

 

and PPI,

 

if you cant sign up online:

 

 

citizenB has just replied to a thread you have subscribed to entitled - Help! - Natwest have instructed capquest - large debt - in the Debt Collection Industry forum of The Consumer Forums.

This thread is located at:

http://www.consumeractiongroup.co.uk/forum/showthread.php?t=330724&goto=newpost

Here is the message that has just been posted:

***************

not all the creditors/dcas report to ALL of the CRAs.. so to obtain a full check, you really need to contact the 3 main players.

 

Company Secretary

Equifax Limited

Capital House

25 Chapel Street

London

NW1 5DS

 

 

Company Secretary

CallCredit Limited

1, Park Lane,

LEEDS

West Yorkshire

LS3 1EP

 

Company Secretary

Experian Limited

Talbot House

Talbot Street

Nottingham

NG80 1TH

 

You can either complete the forms online or send a letter (below) with a £2.00 postal order.

 

---Quote---

All of the three Credit reference agencies offer a paper version and they only cost £2

 

Noddle (who are part of CallCredit) off free online credit reports but as they are the smallest of the threee, they may not have all the info

 

Experian paper app.

http://www.experian.co.uk/downloads/consumer/cfa.pdf

 

Call credit

http://www.callcredit.co.uk/media/53...itfile-app.pdf

 

Equifax

http://www.equifax.co.uk/Products/cr..._file_0310.pdf

 

Send with a £2 postal order.

 

You can use Experians online free trial. just make sure you cancel before the trial runs out

 

Address

 

Company Secretary

CallCredit Limited

1, Park Lane,

LEEDS

West Yorkshire

LS3 1EP

 

Dear Sir or Madam,

*Limited Data Subject Access Request

s9(2) The Data Protection Act 1998*

I hereby request a copy of my Statutory Credit Report, served under s9(2) of The Data Protection Act 1998.

I enclose the Statutory Fee of £2 paid via Postal Order, number: 123456.

For the purposes of confirming my identity, I can confirm the following details:

*My full name*:

*My Maiden Name: *

*My Date of Birth*:

*My current Address*:

 

I have lived at the above address for XX years.

 

I note that under s7(3) of the above Act, a data controller is not obliged to comply with a request under this section unless he is supplied with such information as he may reasonably require in order to satisfy himself as to the identity of the person making the request and to locate the information which that person seeks.

However, I feel the above information identifies me sufficiently to discharge your obligations to establish my identity before posting my Credit Report.

I am aware that you have 7 Working Days to post the Credit Report to me, commencing the day after this s9(2) Statutory Request has been delivered to your Company.

*This letter must not be regarded as granting your Company any Data Consent*.

Yours faithfully,

*Enclosures:

*1 x Statutory £2.00 Fee via Postal Order Number: 123456

*Notes*:this letter is being sent via Royal Mail Special Delivery service

---End Quote---

there is also

www.checkmyfile.com

....ends

 

 

 

 

 

 

dx

[dx100uk]

it ONLY EVER was in regard to bank accounts - nothing else.

 

there are quite a few successes on bank account charges now using BCOBS.

 

see this thread:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?353395-Letter-to-send-if-you-are-being-charged-bank-fees-whilst-on-benefits

 

your CRA file will sow you the owner.

 

i think you need to be starting new thread for each debt

rather them all in the same one.

 

dx

[dx100uk]

YES VERY WORTH IT

 

could save you LOTS of money

 

dx

[dx100uk]

no bother

 

it might seem daunting, bit its not

 

just have a wee browse around

 

if you like

 

type sometime like Baclaycard success

 

or those words in to our search top right

 

you#'ll get the idea

 

we are here to help every step of the way.

 

dx

[dx100uk]

CCCS or stepchange or whatever they call themselves will not tolerate any 'one' debt being removed

from the whole plan

 

its prob better to dump them & do the DMP yourself.

 

you are also incorrect in saying CCCS automatically transfer debts to dca's

they don't.

 

IMHO you need to start getting data as stella says together.

 

get your CRA file also

 

and match your debts against that

any debts that dont show

 

you need to SERIOUSLY investigate WHY you are paying them.

 

dx

[dx100uk]

i said why are you paying so much on non priority debts?

 

there is no need to pay any of your creditors that amount.

 

as with all your debts.

 

write out a list with columns

 

who was the original creditor

who owns the debt now from your cra file

does it even show on your CRA file?

are there any penalty charges ?

is there any PPI ?

[you might have to SAR each original creditor for the last two]

 

if a DCA is shown as the owner of a debt - you need to CCA them.

 

in the meantime i'd write to CCCS and cancel the DMP.

 

as if you find you want to remove a debt or reduce its payment or reclaim

CCS will not allow that whilst in their plan.

 

like most of these DMP companies

in the early days

they did little to actually CHECK the debt out with regard to legal assignment or reclaiming.

they just took all the debts, and advised pro-rate payments.

 

when did you start the DMP?

 

dx

[dx100uk]

ok your CRA file and your future....

 

all debts that have been defaulted, will be removed from your CRA file on the defaults 6th birthday, regardless to if you are paying them or not.

 

it concerns me that original creditors have sold debts on

that usually means something is up with them.

 

your debts must soon be coming to defaults 6th birthdays if you've been with CCCS 6yrs+

 

dx

[dx100uk]

the ico control your data and how it is used they say:

 

All references to a defaulted debt must be removed from your credit files after 6 years has passed from date of default,

whether paid off or not.

This is so that someone who continues paying something even after 6 years from default should not be at a disadvantage

to someone who pays nothing after default and ends up with a clean file after 6 years.

 

 

now

 

this AR or PP thats unfair.

 

are there default dates on the debts showing AP/PP

 

and i'd getanother CRA file too

 

noddle is free

 

dx

[dx100uk]

you really think after almost 38'000 pesonally written non templated posts i get fed up..........

 

no i just HATE IT when creditors and DCA's and even some agencies that are SUPPOSED to help debtors

 

all shakehands in getting money they should not p'haps be getting in such a volume and fleece debtors

in one way or another.

 

think of it this way ... if you weren't paying £200, but say

 

now these AP markers, WHO put them on

the OC before it was sold on or the DCA since?

 

you need to COMPLAIN that they are not fair

as AP/PP NEVER goes away

 

the debt SHOULD have been defaulted from day ONE not marked with AP/PP.

 

dx

[dx100uk]

yes by SAR to the OC's

 

i would suspect THEY put the AP markers on.

 

theey are your complaint target .

 

there has been good success with getting them removed

 

the brig is great at writing letters to sort it.

 

 

dx

[dx100uk]

yep

 

i'll get brig to pop in

 

dx

[dx100uk]

threads merged.

 

the AP 'marker does not actually appear in the debt summary line

which is sometimes

the only part used by future creditors.

 

the bottom line here is you fell into the usually trap

you started to pay your debts off too quickly

 

a defaulted debt drops off the file paid or not

when the default reaches 6yrs.

 

doesn't make the debt not payable mind!

 

lets see you list please and which ones are marked AP

 

old thread merged as well

 

why did you not sort this 2yrs ago

 

you could of done it then!!

 

but the ICO have changed their guidelines

 

you don't stand much of a chance now

[dx100uk]

no sadly neither do I.

 

 

I would suspect that the original creditors were the ones that owned the debts

when you started with CCCS?

 

 

you could try a pleading letter to each OC asking them to kindly retro place a default on the account as

you think it is unfair you are being disadvantaged compared to the 'no pays'

 

 

might work?

 

 

 

 

dx

[dx100uk]

the problem with ANY DMP company charity or fee paying is

THey NEVER check the enforceability of a debt

they just take it 'on spec'

that you actually owe the money.

 

this is where HDL come into their own

as at least they do suggest a few CCA requests!.

 

if this were ME.

 

I'd stop paying the lot

 

await the forest to come through your door.

 

then start a thread for each one and we'll deal with them on an individual basis.

[dx100uk]

an sar to to the original creditor

 

 

a CCA request to every one you are paying a debt too.

 

 

where are you getting this charging order worry from?

 

 

gotta admit it almost sounds like you've been talking to all these people on the phone?

 

 

dx

[dx100uk]

I

I was advised on here that no judge would consider a debt unenforceable that I've been paying off for over 6 years.

 

 

I've look through all your thread

 

 

cant see this anywhere

[dx100uk]

this has been going on since dec 2012

 

 

in various threads

 

 

all now merged to one thread - this one.

 

 

urm...

 

 

dx

[dx100uk]

depends on when the credit was taken out

and I don't think that was a repy to one of your posts either

 

 

however move on

 

 

simply list your debts here in a post.

 

 

dx

[dx100uk]

cca request

 

 

sar

 

 

yes use po's

 

 

on the cca £1 ones leave them blank.

 

 

dx

[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

[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

[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!!

[dx100uk]

no

 

 

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

 

 

dx