Advice required

[scottygees]

Re: Advice required

I appreciate the the help and advice given here. I was planning on sending the CCA letters and then see what replies I get and then come out of my DMP with step change and run it myself on the enforceable debts. I was hoping to then be able to offer F&F payments at some time in the future.I am getting the impression I am barking up the wrong tree with this kind of approach

Then don't.

I've explained - we won't be much use to you if you want to prolong the pain and pay monthly. That's not what we are about.

[JLC]

Re: Advice required

If you go the CCA route, your creditors will not expect payments (edited), while you are waiting to receive the CCA . If you're still paying, they won't have an incentive to send the CCA request (sorry if this is wrong). As I said, read a few diaries and you will understand how it works.

[JLC]

Re: Advice required

I spent days reading diaries before I decided I had nothing to lose by cancelling the DMP and wait and see what happens. Six weeks in, I've not heard much.

[SaltnVinegar]

Re: Advice required

If you go the CCA route, your creditors will not expect payments.

I'm afraid they will, and many will still demand payment as legally they are entitled to still ask for it. However, if they are in default of a CCA request, or the agreement is UE then they will get none because you're not going to pay anything at this point. Even if they are not in default, and the agreement is non UE there are many people who have blagged things until the debt has become statute barred

If you're still paying, they won't have an incentive to send the CCA request.

A CCA request is something that a creditor is LEGALLY required to respond to, whether you are paying or not, thats their incentive. Should they not respond only falls in the favour of the consumer should the account be pre 4/2007.....

As I said, read a few diaries and you will understand how it works.

Yes and before that make this your first stop http://forums.all-about-debt.co.uk/s...PDATED-09-2015

[JLC]

Re: Advice required

I meant while you are waiting for the CCA, they will stop collections. Sorry if I said the wrong thing.

[scottygees]

Re: Advice required

So there is nothing wrong with my proposed course of action at this point in time? One other thing I have debts with energy suppliers on my DMP is there any way around this from the UE prospective?

I'm afraid they will, and many will still demand payment as legally they are entitled to still ask for it. However, if they are in default of a CCA request, or the agreement is UE then they will get none because you're not going to pay anything at this point. Even if they are not in default, and the agreement is non UE there are many people who have blagged things until the debt has become statute barred



A CCA request is something that a creditor is LEGALLY required to respond to, whether you are paying or not, thats their incentive. Should they not respond only falls in the favour of the consumer should the account be pre 4/2007.....



Yes and before that make this your first stop http://forums.all-about-debt.co.uk/s...PDATED-09-2015

[SaltnVinegar]

Re: Advice required

So there is nothing wrong with my proposed course of action at this point in time?

There is nothing wrong with sending off CCA requests to all of your creditors. Stepchange won't like it, but thats tough luck, you're legally entitled to do so. You can then make a decision on whether to come out of your managed DMP or not if thats what you're most comfortable with.

The reason why you're getting the impression from a lot of responses this isn't necessarily the right approach is because most were in the same situation as you, and got stiffed over on a DMP and now realize that they do nothing but trap you in debt for a very long time. My OH spent several years paying a creditor on a DMP only to get landed with a court claim with only TWO payments left to make!

If she hadn't been in a position to pay it, she would have been making payments for several years, only to have her credit file trashed for another 6 years. The fact you could be in your DMP for 10 years, and still be screwed over for a further 6 years after this is a ridiculous situation. Better to default quickly and get things over with which is why the suggestion is to stop payments.

One other thing I have debts with energy suppliers on my DMP is there any way around this from the UE prospective?

Not from a UE perspective no. However it would be worth posting a seperate thread in the utilities section of the forum so the experts in this area can offer help. I know theres things and help that some utilities can offer. Also, if you didn't receive a bill for more than 12 months they're not allowed to bill you back longer than that.....

[scottygees]

Re: Advice required

Thanks for that. One more thing I have come home to message for me to ring BCW in connection with an EE debt for £95. Should I ring them or let them get fed up with contacting me?Bearing in mind my credit record is goosed already. So any action they take isn't going to make any difference.

There is nothing wrong with sending off CCA requests to all of your creditors. Stepchange won't like it, but thats tough luck, you're legally entitled to do so. You can then make a decision on whether to come out of your managed DMP or not if thats what you're most comfortable with.

The reason why you're getting the impression from a lot of responses this isn't necessarily the right approach is because most were in the same situation as you, and got stiffed over on a DMP and now realize that they do nothing but trap you in debt for a very long time. My OH spent several years paying a creditor on a DMP only to get landed with a court claim with only TWO payments left to make!

If she hadn't been in a position to pay it, she would have been making payments for several years, only to have her credit file trashed for another 6 years. The fact you could be in your DMP for 10 years, and still be screwed over for a further 6 years after this is a ridiculous situation. Better to default quickly and get things over with which is why the suggestion is to stop payments.



Not from a UE perspective no. However it would be worth posting a seperate thread in the utilities section of the forum so the experts in this area can offer help. I know theres things and help that some utilities can offer. Also, if you didn't receive a bill for more than 12 months they're not allowed to bill you back longer than that.....

[JLC]

Re: Advice required

The advice would be to never talk to them always send letters. Refuse any security questions. There is a letter you can send telling them to only correspond by letters. I'm not sure if that is in the AAD+ though.

[Never-In-Doubt]

Re: Advice required

I meant while you are waiting for the CCA, they will stop collections. Sorry if I said the wrong thing.

Somtimes, not always. You may just be lucky. Thing is it's always unique - no two cases are ever identical. You're on the right tracks and as I say, I think you've just got "lucky" if they've ceased collections. Wait till the real shit-storm starts

Run. Run for the hills & hide.

[Never-In-Doubt]

Re: Advice required

The advice would be to never talk to them always send letters. Refuse any security questions. There is a letter you can send telling them to only correspond by letters. I'm not sure if that is in the AAD+ though.

the telephone harassment templates are in AAD+ yes.

[JLC]

Re: Advice required

I'm waiting for the shit to hit the fan, but it's still very quiet. I'm going away at the end of this month for 10 days, so hope nothing drastic happens while I'm away!!

I'm going to hide behind the great hills of AAD! I've heard they're very protective!

[scottygees]

Re: Advice required

So I have been deliberating about requesting CCA from my creditors. I believe it costs £1 to get these. So from reading posts it looks like I should send postal orders. I have never sent these before so will I need to go to the post office armed with all creditors details or would they just issue them and leave me to complete the payee section. Also how should I sign any letters? Should I just print my name at the end of any correspondence? Sorry still learning at this end.

thavnks in advance

the telephone harassment templates are in AAD+ yes.

[cymruambyth]

Re: Advice required

Yes, postal orders are best, you can ask for them to be blank. Save the postal order numbers and link each one to the right letter (errors I have learnt from). Either print your name or sign with hand writing font. Don't forget to get proof of posting.

Send the AAD CCA requests as they have been written carefully to cover all legal aspects.

[Spud]

Re: Advice required

Postal Orders from the Post Office as you say. A £1 postal order will cost you £1.50 which is steep I know but it may be the best £1.50 you have ever spent !!!!!

I usually leave the payee blank but have the order "Crossed" so that in the event of its loss or misuse it can only be paid into a bank. You can obviously fill in the payee by hand if you wanted to, Such as Natwest Bank or Barclays Bank etc

Ammend the template letter with your account number/address etc and then ideally use a different "Swirly" font for your signature with your name printed below.

Send recorded delivery and keep your receipt