lewhayvdebt

[LEWHAY33]

hi i wonder if anyone can help i have got some debts around 8yrs old and have been using Eurodebt to manage them for me.Can i cca them after so long and do i stand any chance of losing any debt the companies are.

AIC

ROBINSON WAY&CO X2 ACCOUNTS

CABOT FINANCIAL

APLINS= CCJ

WESTCOT CREDIT SERVICES

HL LEGAL &COLLECTIONS

RED CASTLE RECOVERIES

STUDIO CARDS

CLYDESDALE FINANCIAL SERVICES

JEREMY SUTCLIFFE& CO SOLICTORS=CCJ

CREATION FINANCIAL SERVICES.

i dealt with these for years till the pressure made me ill just hoping to try and get my own back!.

[tomterm8]

I am no longer welcome on CAG

[setmefree]

Yes you can CCA them all that is your legal right regardless of who is dealing with your debt.

[LEWHAY33]

Can some one point me in the right direction to find a formal CCA request and how long do they have to produce the cca(bit confused)12 days or forty?:?

[diskmandave]

Can some one point me in the right direction to find a formal CCA request and how long do they have to produce the cca(bit confused)12 days or forty?:?

 

You'll find the CCA template here:

http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html#post162367

Ammend to suit your circumstances.

 

Be sure to include a p/o or cheque for £1 and send by recorded delivery, they then have, from the day after delivery 12 working days to comply after which they default upon the request and have no legal right to pursue the debt in court or otherwise. Then after a calendar month which is 30 calendar days unless the last day falls on a Sunday or bank holiday and then it is 31 c/days they commit a summary offence.

 

Here are 3 links that I think may be of assistance:

 

Consumer Credit Act 1974 (see sections 77 to 79);

http://www.crw.gov.uk/resources/consumercreditact1974.pdf

 

Debt collection guidance, Final guidance on unfair business practices, July 2003 (updated December 2006);

http://www.oft.gov.uk/shared_oft/reports/consumer_credit/oft664.pdf

 

Trading Standards, always a good threat!

Trading Standards Central - Trading Standards and Consumer Protection information for the UK

 

Hope that helps...?

 

Good luck & best wishes, Dave.

[LEWHAY33]

posted off today.J ust thought have i messed up signed all letters!!!or am i just being stupid?

[powelll]

posted off today.J ust thought have i messed up signed all letters!!!or am i just being stupid?

 

There's nothing wrong with signing the letters ( if that's what you are worried about? ). It's also worth mentioning that if any of your creditors do comply with CCA and you werre still looking at debt management options you can switch from a fee charger to a free DMP depending on your exact circumstances - couple of useful link below:

 

National Debtline England & Wales | Debt Advice | Factsheet 29 Debt Management Plan

 

Info below isn't on a link so have copied & pasted

 

WHAT YOU NEED TO DO

If you have received a confirmation letter that you have been accepted on to a free debt management plan (DMP) you will need to inform your previous provider that you no longer require their services. This must be done in writing.

There will be a period of time when you are waiting to make your first payment on the new plan and this may result in a delay in payments to your creditors. Therefore you also need to inform all of your creditors that you have changed your service provider. We would strongly recommend that you do this as soon as you receive your confirmation letter.

INFORMATION

Please see the section on ‘Sample letters’.

Generally fee-charging debt management companies keep your first monthly payment as a ‘deposit’ which is used to make your final payment on the plan. This can mean they retain your money for many years. Please read through your previous service agreement to see if this applies.

OFT DEBT MANAGEMENT GUIDANCE

All fee-charging debt management companies are required to follow the debt management guidance as outlined by the Office of Fair Trading (OFT).

The guidance includes the following requirements.

1. • The debt management company is required to outline the circumstances in which you may withdraw from the contract and receive a refund. This must be in the terms and conditions of the contract.
    
   
2. • There are no misleading claims such as ‘debts can be written off’ or ‘interest stopped’ when companies cannot guarantee creditors will do this.
    
   
3. • Consumers must be given adequate information before entering into an agreement. Contracts should specify the nature of the service provided, total cost to the consumer, amount to be repaid and duration of the contract. Contract terms should be fair, legible and in plain language.
    
   
4. • Debt management companies must inform clients of the outcome of negotiations with creditors, as well as any action a creditor has taken, such as the issue of a default notice or the threat of legal action.
   

SAMPLE LETTERS

If you feel that the company has not followed these guidelines, we recommend that you request a full refund of your deposit within your closure letter.

We have included a sample ‘closure letter’ for closing the account, with an option to outline areas of the debt management guidance you feel they have not honoured. Please adapt this letter to your personal experience if you feel this is applicable.

CHANGING YOUR DEBT MANAGEMENT PLAN PROVIDER

FACT SHEET NO. 29A

National Debtline 0808 808 4000 – Changing your DMP provider – Page 1 of 4

REMEMBER

Make sure you keep a copy of your letter.

If they do not reply within the specified time, copy the first letter and send it along with a covering letter that states ‘please reply to the previous letter within 14 days – copy attached’.

ADVICE

If they fail to reply again, phone us for advice on how to pass on your complaint to the Office of Fair Trading.

We have also provided a ‘holding letter’ you need to send to all of your creditors that are due to receive payments from the new free debt management company. Again, keep copies of all the letters you send.

YOUR NEW MONTHLY PAYMENTS

WARNING

Your monthly payment to the new free debt management company may not be the same, which means the payments to your creditors may alter.

If you receive any letters from your creditors then please call your new debt management company straight away to tell them what the letter says.

ADVICE

If you have any further concerns or questions, you can call the company direct or phone us for advice.

Remember: You can always contact us for advice about any difficulty you have in dealing with your debts.

Freephone 0808 808 4000 Website National Debtline, for FREE CONFIDENTIAL and INDEPENDENT ADVICE call 0808 808 4000

© Copyright National Debtline (updated July 2006).

Whilst we endeavour to keep our fact sheets as up to date as possible, National Debtline cannot be held responsible

for changes in legislation or for developments in case law since this edition of the fact sheet was issued.

National Debtline is a part of the Money Advice Trust. Money Advice Trust Registered Charity Number 1099506.

A company limited by guarantee. Registered in England and Wales Number 4741583.

Registered office 21-26 Garlick Hill, London, EC4V 2AU

National Debtline 0808 808 4000 – Changing your DMP provider – Page 2 of 4

SAMPLE LETTER

FOR CLOSURE OF YOUR DMP WITH YOUR PREVIOUS PROVIDER, WITH A REQUEST TO RETURN YOUR DEPOSIT

(Your home address)

______________________

______________________

Date: __________________

To: _____________________

________________________

Dear Sir/Madam

I/we have been in touch with National Debtline who have advised me/us that they are able to offer me/us a debt management plan FREE of charge, enabling ALL of my/our available income to be distributed to my/our creditors. I am/we are therefore writing to inform you that I/we no longer require your services and wish to cancel my/our plan with immediate effect.

Please provide a full breakdown of my/our account with you since inception, outlining all payments made by me/us, all creditor distributions and to whom they have been made. I/we wish to receive this within 14 days of the date of this letter.

I am/we are also requesting a FULL refund of my/our deposit – my/our first payment to you of

£----- which I/we made by cheque/direct debit on [date the payment was made].

Optional

This request is made as I/we feel that you have not provided the service as required within the Office of Fair Trading’s code of practice for debt management companies. This includes:

1. • failing to inform me/us of the outcome of negotiations with my/our creditors;
    
   
2. • I was/we were not informed by you of the total cost of the agreement and the amount to be repaid.
   

Please send the payment to me/us at the address provided above, within 14 days of the date of this letter.

Yours faithfully

(Your signature)

REMEMBER

To keep a copy of all letters you send to your creditors.

National Debtline 0808 808 4000 – Changing your DMP provider – Page 3 of 4

 

SAMPLE LETTER

HOLDING LETTER TO BE SENT TO ALL YOUR CREDITORS WITHIN THE DMP

(Your home address)

______________________

______________________

Date: __________________

To: _____________________

________________________

Dear Sir/Madam

Account No: ___________________

I am/we are writing to inform you that I/we have changed my/our debt management plan provider to [*CCCS/Payplan] who will be providing the service FREE of charge to myself/ourselves. This will enable ALL of my/our available income to be distributed to my/our creditors.

Please be aware that there may be a delay in payments during the transitional period of changing over the provider and I/we anticipate this delay may range from two to six weeks. I/we would advise you that I am/we are mailing my/our first payment to the new provider on [insert date] and payments will be distributed to my/our creditors shortly afterwards.

I/we wish to request that my/our account does not incur any charges for the late/missed payments and does not incur any additional interest. I/we also request that you do not take any enforcement action. I/we feel I am/we are making the correct choice and ask for your sympathetic approach in this matter.

[*CCCS/Payplan] will be contacting you shortly to confirm payment arrangements.

Yours faithfully

(Your signature)

*insert the DMP company that you are now using.

REMEMBER

To keep a copy of all letters that you send to your creditors.

National Debtline 0808 808 4000 – Changing your DMP provider – Page 4 of 4

[LEWHAY33]

Thanks For That.if The Dca`s Dont Send Me Cca As I Have Asked For 12+30 Days,what Happens To The Debt?do They Write It Off Or Settle For A One Off Payment(small%);-)

[rory32]

In an attempt to clear up whether or not you can CCA request overdrafts.

 

From the Consumer Credit Act 1974:

 

Facts. The manager of the C Bank agrees orally with D (an individual) to open a current account in D’s name. Nothing is said about overdraft facilities. After maintaining the account in credit for some weeks, D draws a cheque in favour of E for an amount exceeding D’s credit balance by £20. E presents the cheque and the Bank pay it.

Analysis. In drawing the cheque D, by implication, requests the Bank to grant him an overdraft of £20 on its usual terms as to interest and other charges. In deciding to honour the cheque, the Bank by implication accept the offer. This constitutes a regulated small consumer credit agreement for unrestricted-use, fixed-sum credit. It is a debtor-creditor agreement, and falls within section 74(1)(b) if covered by a determination under section 74(3).

 

Facts. F (an individual) has had a current account with the G Bank for many years. Although usually in credit, the account has been allowed by the Bank to become overdrawn from time to time. The maximum such overdraft has been is about £1,000. No explicit agreement has ever been made about overdraft facilities. Now, with a credit balance of £500, F draws a cheque for £1,300

 

Analysis. It might well be held that the agreement with F (express or implied) under which the Bank operate his account includes an implied term giving him the right to overdraft facilities up to say £1,000. If so, the agreement is a regulated consumer credit agreement for unrestricted-use, running-account credit. It is a debtor-creditor agreement, and falls within section 74(1)(b) if covered by a direction under section 74(3). It is also a multiple agreement, part of which (i.e. the part not dealing with the overdraft), as referred to in section 18(1)(a), falls within a category of agreement not mentioned in this Act.

 

Facts. Under an oral agreement made on 10th January, X (an individual) has an overdraft on his current account at the Y bank with a credit limit of £100. On 15th February, when his overdraft stands at £90, X draws a cheque for £25. It is the first time that X has exceeded his credit limit, and on 16th February the bank honours the cheque.

Analysis. The agreement of 10th January is a consumer credit agreement for running-account credit. The agreement of 15th-16th February varies the earlier agreement by adding a term allowing the credit limit to be exceeded merely temporarily. By section 82(2) the later agreement is deemed to revoke the earlier agreement and reproduce the combined effect of the two agreements. By section 82(4), Part V of this Act (except section 56) does not apply to the later agreement. By section 18(5), a term allowing a merely temporary excess over the credit limit is not to be treated as a separate agreement, or as providing fixed-sum credit. The whole of the £115 owed to the bank by X on 16th February is therefore running-account credit.

 

Facts. The G Bank grants H (an individual) an unlimited overdraft, with an increased rate of interest on so much of any debit balance as exceeds £2,000.

Analysis. Although the overdraft purports to be unlimited, the stipulation for increased interest above £2,000 brings the agreement within section 10(3)(b)(ii) and it is a consumer credit agreement.

 

 

Statute Law database

[LEWHAY33]

2 have replied already backcopy of cca of creation finance seems ok,

hl legal have refered my request back to lender?sent my pound postal order back aswell any advice on what to do with them?

[LEWHAY33]

Also one of my ccj are a charging order on the house Eurodebt handled it for me??.Reading some threads that is unfair to all my other creditors could they have done more?just a thought!if so is there anything i can do now?

[powelll]

Also one of my ccj are a charging order on the house Eurodebt handled it for me??.Reading some threads that is unfair to all my other creditors could they have done more?just a thought!if so is there anything i can do now?

 

If the final CO has been made ( there would have been a hearing at court for you to attend ) then to be honest there isn't a great deal you can do unless you would have had a valid defence to the original claim in which case you can apply for the CCJ to be set aside which puts it back to the claim stage. If you then successfully defended the original claim the CO would be removed

[LEWHAY33]

Thanks for the information just thought worth atry.

Clock ticking and only two replies,one CCA and another DCA refering back to original lender(returned P.O.)

[LEWHAY33]

Loads of post today!!Here goes one from Studio send ing a blank CCAstating they have discuss this matter with trading standards andthis matches information i requested.Red castle has stated in letter that accountnow back with open and direct(total debt showing £5).Cabot saying trying to get copy of barclaycard sent £1 po back.

Robinson way claiming client has sent me cca and statement(not recieved sent po back)stating account overdue looking forward to full payment by return post!

will try and scan letters later.

ANY ADVICE WELCOME!!

[diskmandave]

Call Studio's bluff and report them and send photocopies of what they have sent to Trading Standards!

 

Will watch out for the scans later.

[LEWHAY33]

Help problems getting scanned letters onto this thread???:-?

[LEWHAY33]

HI also confused asked EuroDebt about redcastle saying debt £5.00 and being passed back to open and direct women told me waste of time sending CCA request as they don`t have paperwork only Debt collectors!thought if they have to collect debt should`nt they have all paperwork regarding the debt?:?

[diskmandave]

Help problems getting scanned letters onto this thread???:-?

 

Get a photobucket account, upload the scan to your account and click the IMG CODE box, then paste the link into a message like this....

 

 

Regards, Dave.

[LEWHAY33]

Thanks dave here goes 1st one!

[LEWHAY33]

This letter from studio

[dolphin939]

Hi i am going after the store cards and catalogues, what letter do i send 1st and how much do i send ? thanx lorraine x

[LEWHAY33]

Now heres everyone`s favourite Robinson way &co

[LEWHAY33]

this came todat Cabot!

[LEWHAY33]

Any help or advice welcome half of my cca have not even bothered to write back!will kepp all inform.

[LEWHAY33]

Had a letter of Robinsonway regarding HFC threatening court action wow sent them letter explaining due to work only taking home £200 a week and with the threat of job losses bring it on,Explained that EuroDebt are dealing with my creditors asthey have been for 3years plus.I have had no response from them on my CCA request,taken copies of registered letter off royal mail website so i know it was delivered.So if they take me to court after 31July great no CCA LOOK FORWARD TO TELLING THE JUDGE!