Help!

[pop37uk]

Hello,
I'm a newbie here and any advice would be greatly appreciated. The reason I've found this site I was recently approached by Kerobo and thought best to do some digging for info first. I've been dealing with payplan since 2005 and have 11 creditors which are mostly credit cards. The debt burden is seriously affecting my health and they have just kept putting charges and costs on, so its not really reducing. Also one of them have placed a charge on my home and the help i recieved from payplan was like some body mentioned on one of your forums, in that it was just sign it and return it. My salary is reducing soon due to ill health and I advised payplan who are to contact me next week to go through I&E with me but they advised some are priority and further legal acion could be taken.

Is it still possible to check the CCA's if I've signed court papers or if notices of defaults have been issued or even a charge placed on my home? Also many have been passed on 2 to 3 times to different DCA's.
Kerobo advised if the CCA was un enforcable then the charge would be removed ,is this correct?
Also what would be the best method of approach? Ask for CCA from each creditor first and if not received. Could i but the debt into dispute? Would I request the CCA from current holders of the debt or the OC?

Please please Help.

[Amethyst]

Re: Help!

hi Pop and welcome to the site

You sound like you have just about got to the end of your tether dealing with these debts and kerebo have offered you a magic solution at the right time. Its not magic though unfortunately and can make problems worse.

payplan, and others like them, are great to stop the intial spiralling, but yes as you have found they do just let ccj's happen rather than defend them.

with most of the debts being credit cards you probably have a number of charges for latepayments etc, which you can claim back (yourself) to knock something off the balance.

You can also ask all the companies for your CCA and see if you can get any of the debts closed down early.

Still contact payplan and go through your new IE details with them, they can adjust your monthly payments to creditors which will keep things ticking over for now while you get CCAs and check them over, if the CCA is sound then send a SAR for your statements to look at your charges see if theres any you can reclaim to knock off the balances. If A CCA isnt received then yes you can put the account into dispute but keep up your payments through payplan else you risk court action. Once you have the cca and know if they are enforceable or not you can look at taking things further.

The CCA request you will find in this thread ~~~ Consumer Credit Agreements - A Guide ~~~~ inc. Letters - Legal Beagles you should send it to the current DCA first of all, they have to ask the original creditor for it, and should prove that the debt is legally theirs to collect. have a read through that thread theres a fair bit about dealing with the dca's on there and shout if you have any questions

if you want to list your creditors we might be able to give you a closer idea how things will work (as many dca's and oc's deal with things differently)

Hope that helps a little for the moment.

Putting it all in the hands of someone else may seem like an easy option but I'm sure you would much rather be in control and know exactly where you stand ?

[pop37uk]

Re: Help!

Really really grateful for your help.
I attach list of creditors

[WendyB]

Re: Help!

Can you give an idea of what the outstanding balance is with each one? As Ame said, you can look at the charges to reduce the balance etc on credit card ones. How did the debts spiral? Was it charges in the first place that took you into it? Also, if they have carried on adding charges you could reclaim these as well as the original charges, which would bring the debts down to a more manageable level possibly?

[pop37uk]

Re: Help!

Yes, I attach file showing.
It was due to their responsible lending practice in that I could have up to 100K on credit cards and I was struggling to service the debt when it was only 40K, salary dropped. Yes then late charges started etc and thats when I opened my eyes up, in that I was getting into a very big hole and contacted payplan. Yes some have stopped once payplan helped but others didn't. I recall one of them only last year 04/08 charging another £1000 on top for court costs and interest so it went from 10.5K back Upton 11.5K. This is the one the charge on my house is for,but also believe another one for 4K as a charge on house as well. Just amazing unsercured debt now secured, can't understand the risk and the reason they charge such high APR's. It would interesting to see how much of this debt relates to the charges.
Is the first process to ask for the CCA's of all of them including the ones who have processed charging orders? And If so should i just use the template here or should i remove the "I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY" and the "Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested."? Or is it just best to leave in even for the ones that have processed court proceedsings?
Many many thanks for your help

[pop37uk]

Re: Help!

Hello,

Can any one let me know. If I should send the CCA Request using the template from here or the basic one from the National Debtline, for CC accounts that have already have CCJ's on or have been granted a charge?
Should I ask for anything else considering I never actually been to court to defend myself.
Basically Payplan failed to change the court hearing to a closer court to me and the next thing I heard was through the post that a charge had been granted.
I have copies of emails from me and payplan advising me that their legal team will tell me when they have changed the court, but it never happened.
I guess it's my own fault leaving it to others to deal with, but you just feel scared and intimated.

Many Thanks for any help.

[pop37uk]

Re: Help!

Update: CCA request's sent to day. Used the standard template from the national debtline for the to DCA's that have already been to court. The others I used template of here.
Now for the old current account, I recieved a default notice back in May 09 and i noticed from payplan they didn't the accept offer. Any suggestions?

[pop37uk]

Re: Help!

This sounds familar! see link http://news.bbc.co.uk/1/hi/business/8326485.stm