CCCS Won't stop payments - HELP!!!

[Fred Bassett]

Good evening.

 

I'm in a catch 22 situation with 3 creditors and 4 accounts. BOS/Blair Oliver & Scott, Egg/Credit Solutions (x2) and MBNA - all of them regarding CCA requests.

 

BOS can't find the agreement and probably won't be able to. MBNA have provided something that is clearly unenforceable and Egg/CSL have not replied to me at all. MBNA and Egg/CSL are now in criminal default and BOS probably soon will be.

 

The problem I have is that my debts are being managed by a debt management plan through the CCCS and they won't stop payments to the creditors unless I can give them something from a solicitor to prove that these debts are unenforceable. I can't afford a solicitor - I've signed up to the Which legal service but the Ts & Cs say they won't put anything in writing. I can't put any pressure on these creditors if I don't stop the payment.

 

Does anyone have any suggestions?

 

I don't want to pull out of my DMP and I don't want an argument with the CCCS, but it's frustrating because at least 1 person in the CCCS has told me that this sort of thing happens all the time and they're quite happy to do this, but the person I'm dealing with, and she checked with her supervisor, won't allow this to happen.

 

Are there any no-win, no-fee solicitors who would take this kind of thing on?

 

AAAARRRRGGGGHHHH!!!!

 

Cheers.

 

Fred

[diskmandave]

When I was using the CCCS (long time ago!) I found things a little inflexible after all the fantastic advise was dispensed so opted to create my own DMP using the budget sheets provided by CCCS and stood my ground hard with creditors who all eventually agreed to the budget provided and it's only the last 6 months since finding this fantastic site that i've started questioning things much more.

 

If you're finding things inflexible, the tricky parts done, and whilst it's hats off to the CCCS for the great work they do this obviously isn't working for you any more. Would it be that difficult to take this on yourself now and stick to it too?

 

Maybe CCCS_Matthew could comment further?

 

Whatever you decide, good luck & best wishes.

 

Regards, Dave.

[Fred Bassett]

Thanks Dave, I have considered this but I really do find the CCCS a godsend and I have to do everything in agreement with my Wife too. She's nervous enough about all this anyway, so I can't put her through any more hassle.

 

Regards.

 

Fred

[jaxads]

Payplan are more flexible (and work along the same "no charge" system as CCCS) - I just emailed and asked them to remove the creditors from my (long) list. They did so without any questions

[Fred Bassett]

Thanks Jaxads. To be honest, I'm thinking of setting out my thoughts to CCCS in a long letter so that they can see what the problem is. I simply can't believe that they haven't come across this before - or reacted to it.

 

I'll just have to see where it takes me. I'm in a position now where I could even make a complaint to the police against Egg/CSA because they've committed a criminal offence, but I'm not sure if this will make any difference.

 

A lot of thinking is required.

 

Thanks.

 

Fred

[Cornucopia]

Hi Fred,

 

I suggest you contact dpick. He is with CCCS and they went along with his stopping payments plan. I wonder if he might be able to get his contact there to speak to your contact - surely worth a try!

 

I think you must pursue this, also my view is that advice and method should be standard and across the board, therefore, I would take this line with your contact and her supervisor.

 

Good luck!

 

Regards,

 

Corn x:)

[Fred Bassett]

Thanks Corny, I'm sure that there are people in the CCCS who are advising this, while others are not.

 

I'll do what you suggested and I think I'll also pm CCCS Matthew.

 

Regards.

 

Fred

[Josie8]

Have you considered getting Trading Standards opinion on the validity of the agreements and the legal position if no agreement produced??

Edited January 21, 2009 by Josie8

[Fred Bassett]

Josie,

 

That's a thought, but I'm not too impressed with my local trading standards. I have given serious thought to reporting the matter to the police as a criminal offence, but I'm not sure this would make much difference.

 

Regards.

 

Fred

[Josie8]

Well Fred I think it might be an idea to email Trading standards and ask what the legal position is with regards to non production of CCA to a request under s.78 . They will have to give you a straight answer to that one.

 

Then in a seperate email query the agreements produced and ask for their opinion on the legality. Ask them to specify if they comply with CCA act how they do...............

 

If you don't get an answer you like (& lets be straight some of the TS's are a bit dozy) then you haven't lost anything because you don't have to show the reply to CCCS. On the other hand if you get an naswer you like........

[Fred Bassett]

Good point Josie, many thanks for your help. I'll let you know how I get on.

 

Regards.

 

Fred

[Belaflat]

I read in another post ( cannot seem to find it) where CCCS got stroppy with someone for doing a CCA request and frowned upon it.

I cannot understand this attitude if it is true as it is only applying the laws of the land.

Councils, courts, and DCAs etc have no compunction whatsoever in employing whatever laws are to hand to extort money from us so why the objections when the tables are turned.

[CCCS_Matthew]

Hi Fred, I've just sent you a PM

 

Regards,

CCCS

[Fred Bassett]

Hi Fred, I've just sent you a PM

 

Regards,

CCCS

 

Many thanks for your help.

 

Regards.

 

Fred

[LisaDJ]

Hi, I am with CCCS and I was just wondering what you meant by unenforcable?

[powelll]

Hi, I am with CCCS and I was just wondering what you meant by unenforcable?

 

If any of your creditors cannot produce a 'true' copy of the executed agreement ( ie the agreement you would have originally signed when taking out a loan, card etc ) then under Consumer Credit Act rules the debt is totally unenforceable ( although this has recently changed it's not backdated ). This doesn't mean the debt is written off or that you don't owe the money ( unless you have a genuine dispute ) it does mean that your creditors cannot enforce the debt via the county court.

 

Hope this clears it up! CCCS are very good and offer an excellent free service but they are geared towards providing free DMPs for people struggling to meet their usual payments. They are not really set up to deal with issues of enforceability as it's not really what they focus on ( CCCS Matthew please correct me if this is wrong! ).

[LisaDJ]

Ok thanks Was wondering whether it was something worth looking into. Our DMP is likely to last another 18 months and have mbna, egg and capital one cards on there. I think some of them might have been passed on to DCAs though.

[powelll]

Ok thanks Was wondering whether it was something worth looking into. Our DMP is likely to last another 18 months and have mbna, egg and capital one cards on there. I think some of them might have been passed on to DCAs though.

 

The CCA regs are the same whether it's been passed on or not so the DCA issue wouldn't make a difference. I suppose in your situation ( with a short DMP by most standards ) you need to weigh up whether you feel that you do owe the money so feel you should pay it back or whether there is some kind of dispute on balances etc that makes you feel you want to challenge it. Remember if any of your creditors have levied potentially illegal charges for late payments etc you could still go the route of reclaiming them. I would be inclined to pursue this after the DMP is all done & dusted to be honest but it is up to you.

[LisaDJ]

Thanks, I never had any problems with late payments or anything until my partner left his job which is what prompted us to seek help from CCCS in the first place. I don't dispute that I owe the money...