Charges on CCA agrrement - quick advice needed

[jj69]

Re: Charges on CCA agrrement - quick advice needed

^^^ thanks Diddly (see I told you she was good) - ok, now you can PM Di30 with a link here regards reclaiming the charges etc as applicable.... If there is nothing to reclaim; can you elaborate from post 1 exactly what's wrong/what you're doing?

diddly has picked up on a good point about interest being charged against the whole loan and not reducing although I'm not so clued up on the legalities of this so I'll ask mods to input if you can clarify what it is you're trying to achieve.

Sorry Niddy forgot to reply about whats wrong ! Been paying each time on month without fail, had a few issues over the last four months making payments on time although they have been made within the same month ( this was due to cut in work hours/overtime as public sector but also sporadic payments waiting for expenses from work as I have to use the vehicle and claim back ) at the same time increase on utility bills etc etc..I explained the situation to AF as they wanted payment on the 10th of each month , but in some cases payment not until a week or two weeks later ! Everytime I spoke to them on the phone I would explain the situation and they would get paid just not on the 10th so I would get another few missed calls or the odd text , certainly no letters, they claimed it was because account was passed to collections dept and car would be repossed and they would seek court action etc. I told them that I had agreed to pay and by no means avoiding payment , and if they wished to take it to court then be my guest and I would quite happily show the judge my willingness to comply.
Anyway they did not do this but still continued to send an odd text or two, looking at it now it is so they could keep racking up charges and therefore my balance would not reduce. I will scan a copy of the charges sheets minus personal info !

[jj69]

Re: Charges on CCA agrrement - quick advice needed

Well just an update on this ! Now getting email responses from AF and the calls have stopped. They are requesting the following to prove that I have had payment issues :
Copies of letters from other creditors inc my mortgage provider showing payments
Copy of current payslips
Information on my current employer (which is strange seeing as they had all this information last year when I took out the loan )
I have also found out that they have done a credit check certainly not with my authorisation !
Am I right in saying that I do not have to provide this information if they request it ? Also can the credit check me for late payments !

[Pixie]

Re: Charges on CCA agrrement - quick advice needed

I don't think you need to provide this information.

As for the credit checks, I think they're within their rights (though I'm not 100% certain)

[SXGuy]

Re: Charges on CCA agrrement - quick advice needed

Copies of letters from other creditors, is private. Mortgage payments "may" be up to date as that is a priority debt, not credit cards or loans (unsecured)

At the very most, you would agree to an I & E, but alot of us will say dont even do that.

They can do a credit search if they wish, but its a low level search, its not one that would be done if you were applying for credit, so its not that harmful to your credit file.

[jj69]

Re: Charges on CCA agrrement - quick advice needed

OK many thanks for the swift replies, I did have to make additional payments to Mortgage/Secured loans which is why AF payments were late and I have informed them of this as priority debts , there response was this is a priority debt as car attached to it. Anyway I am not going to even ask my mortgage company to provide such info as I am sure they would knock it back on the grounds of privacy as mentioned by SXGuy ! So returned email and told them they would get payment as per normal but not going to send documentation ! Still working on the charges issue but they don't need to know that yet..got a nice reply to say they can default and repossess vehicle , blah blah etc etc ! To which I replied that I am still paying and not refusing to so a judge may not take to kindly to this bullying attempt ! Anyway they can't repossess if a certain portion of the balance has been paid £1701.92 which I am sure I have paid over this amount.
I love creditor / client ping pong ! Let's see the next response

[jules3107]

Re: Charges on CCA agrrement - quick advice needed

Morning All,

A quick question.

Once a CCJ has been awarded by the courts, can the company ask you to pay more under a six month review which was not part of the CCJ?

Jules x

[Pixie]

Re: Charges on CCA agrrement - quick advice needed

They can ask but they shouldn't.

The payment of a CCJ can only be varied by them applying to the court.

Which company is it?

[Never-In-Doubt]

Re: Charges on CCA agrrement - quick advice needed

They can ask, anything can be reviewed but you need to go back to the CCJ - was the order including a review or was it set at £x per month?

However they cannot enforce the CCJ based on them asking, they would need to vary it with the court but then you can also do that if they increase it or get too heavy - so you might be best to just respond saying your circumstances have not changed since judgment and therefore a review is unnecessary.

Any problems, give us a shout

[jules3107]

Re: Charges on CCA agrrement - quick advice needed

Morning,

I thought so. The court set the payments at £5 a month.

My hubby was paying £5 a month and they objected this when they bought the debt, they stated we had not paid anything (they lied). Hubby has been paying since 2008 until it was sold to CABOT, even then he still maintained the payments and they were sent on by the bank. Yet the instalments are for £5 a month and the first payment was to reach the claimant by the 12th April 2010 and all set by the courts and it also states.........that payment of £5 to be made on or before the date each month until the debt has been paid. No reviews nothing.

Cabot have not been in touch apart from a letter stating he had missed payments, so I had to shut them up with the proof a its done by standing order.

Cabot state its part of a 6 monthly review, and if my husband does no contact them they will keep the payments the same for another 6 months?

They have already had their judgement, why do his?

Jules x

Jules

[jules3107]

Re: Charges on CCA agrrement - quick advice needed

Afternoon all,

Well here we freaking go again. CABOT rang this morning and want a 20 minute telephone interview?

Considering the letter they sent stated "if they don't have the opportunity to speak to hubby, they will continue with the current plan for another 6 months".

Grrrrrrrrrrrrr

Jules xxx