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Whatever happened to legally protected DMP’s?
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blind-as-a-bat_2
Posts: 4,304 Forumite
Hello all, im sure some of you know me, i went bankrupt in 2007
By going bankrupt I got legal protection, three years later I am sat here thinking, ok, I am glad for that protection, but how is that fair? I don’t regret my decision for a minute, but I do despair watching all here on this forum struggling, and not getting any protection for doing so.
Since I went BR, I have watched many on DFW struggle to try to do what is morally perceived as the right thing, against great odds in some cases, and faced nothing less than contempt from there creditors, and have suffered lies, intimidation, and in some cases illegal act’s in regard to threats, the worst one I have seen is a creditor threatening that social services would remove her children and put them in care because she could not pay her agreed payments. I don’t know about you but, I have seen enough.
I have spent the last week searching for details on the subject of legally protected DMP’s, and the results show it is at best one to two years away, and subject to the outcome of consultations of debt charities, and creditors. Now based on the fiasco of debt relief orders, where the powers that be bent to pressure of the creditors to keep them sweet, that does not fill me with much confidence, even if some sort of legal protection is introduced, will it be thought out properly, and be a workable solution?
Sadly, by past evidence, it is unlikely.
So, while I appreciate Martin Lewis is a busy man, I can not ignore most of his achievements of late have been forward thinking, i.e. – getting compulsory financial education in schools, and I have no desire to tarnish that achievement, being a parent myself, I am glad that my child that is still in education may get the financial education she needs, that does not help the posters here and now on DFW.
The bank charges campaign, while not dead, is beyond what Martin can help with, as it is down to fighting on a personal basis, so Martin can not help anymore than he has on that score, unless he is willing to fund individual personal claims, so is it not time to shift focus to something he can help with, and that is the DFW board, the legislation is already in place to make it easy for Martin to offer help now, but he could go further, his latest achievements with MP’s etc could be used to pressure them into doing the right thing, and giving all those on DFW the legal protection they deserve.
By going bankrupt I got legal protection, three years later I am sat here thinking, ok, I am glad for that protection, but how is that fair? I don’t regret my decision for a minute, but I do despair watching all here on this forum struggling, and not getting any protection for doing so.
Since I went BR, I have watched many on DFW struggle to try to do what is morally perceived as the right thing, against great odds in some cases, and faced nothing less than contempt from there creditors, and have suffered lies, intimidation, and in some cases illegal act’s in regard to threats, the worst one I have seen is a creditor threatening that social services would remove her children and put them in care because she could not pay her agreed payments. I don’t know about you but, I have seen enough.
I have spent the last week searching for details on the subject of legally protected DMP’s, and the results show it is at best one to two years away, and subject to the outcome of consultations of debt charities, and creditors. Now based on the fiasco of debt relief orders, where the powers that be bent to pressure of the creditors to keep them sweet, that does not fill me with much confidence, even if some sort of legal protection is introduced, will it be thought out properly, and be a workable solution?
Sadly, by past evidence, it is unlikely.
So, while I appreciate Martin Lewis is a busy man, I can not ignore most of his achievements of late have been forward thinking, i.e. – getting compulsory financial education in schools, and I have no desire to tarnish that achievement, being a parent myself, I am glad that my child that is still in education may get the financial education she needs, that does not help the posters here and now on DFW.
The bank charges campaign, while not dead, is beyond what Martin can help with, as it is down to fighting on a personal basis, so Martin can not help anymore than he has on that score, unless he is willing to fund individual personal claims, so is it not time to shift focus to something he can help with, and that is the DFW board, the legislation is already in place to make it easy for Martin to offer help now, but he could go further, his latest achievements with MP’s etc could be used to pressure them into doing the right thing, and giving all those on DFW the legal protection they deserve.
Thats it, i am done, Blind-as-a-Bat has left the forum, for good this time, there is no way I can recover this account, as the password was random, and not recorded, and the email used no longer exits, nor can be recovered to recover the account, goodbye all …………. 
Should Martin Lewis Fight for legal protection For DMP's 84 votes
YES
94%
79 votes
NO
5%
5 votes
0
Comments
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It's a while since I last looked up the status of the proposals on what might eventually be enacted under the powers of the Tribunals, Courts and Enforcement Act 2007.
Have you got an up to date link BAAB? Would be appreciated if you have.
Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB
IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed0 -
No, and thats just it, nobody seems to be discusssing it at all, all i could find was the following from the Ministry of Justice websiteDebt management schemes
Status: Closed - awaiting response
Open date: 18 September 2009
Close date: 18 December 2009
A consultation on a range of possible options for improving the way that many debtors deal with indebtedness. These options provide an opportunity for people to be able to repay their debts in a controlled and managed way.
And im not even sure if that will result in anything
But Looking around at other consultations, it can be a year before before a responce and they talk about legaslation, which could take another year or two to implement.Thats it, i am done, Blind-as-a-Bat has left the forum, for good this time, there is no way I can recover this account, as the password was random, and not recorded, and the email used no longer exits, nor can be recovered to recover the account, goodbye all ………….
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There is this........
http://www.credittoday.co.uk/news/MoJ set to comment on DMPs - 12/03/2010
The Ministry of Justice (MoJ) will ask on Monday for more time to consider the findings of its consultation into debt management plans (DMPs), Credit Today can reveal.
As part of a series of announcements on debt issues due to be unveiled on Monday, the Ministry of Justice is expected to say that the responses to its consultation are still being considered, and it will refrain from announcing immediate legislative action.
The MoJ closed its consultation on DMPs on 18 December, but due to the sheer volume of responses to the consultation, civil servants are understood to have found difficulties in finding a solution.
An MOJ spokesperson told Credit Today: "We will be making an announcement over the next couple of days about debt. We will be mentioning debt management plans, but it won’t be a response to the consultation."
Due to growing concerns that the mis-use of debt management plans could lead people in debt ending up in greater financial difficulties, the MoJ launched a consultation last year proposing three options to ensure better regulation of the industry.
Option one recommends that the OFT should continue to examine compliance and essentially improve the status quo. Option two suggests introducing a debt management protocol with an emphasis on ensuring standards are monitored and audited. While option three recommends introducing statutory regulation of the industry.
While most of the industry is not in favour of option one and agrees that change needs to happen, the majority of them are against statutory regulation.
Trade association R3 recently said that people were becoming slaves to debt management plans with many lasting ten years or more, despite DMPs designed to be a short-term repayment plan between an individual and their unsecured creditorsFree/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB
IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed0 -
The 'announcement' is here:
http://www.justice.gov.uk/news/newsrelease150310a.htmResponses to the debt management consultation are still being considered and a full response will be published in due course. Immediate legislative action is unlikely.Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB
IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed0 -
So, in short, nothing is going to happen any time soon, and will meet a brick wall if and when they try.Thats it, i am done, Blind-as-a-Bat has left the forum, for good this time, there is no way I can recover this account, as the password was random, and not recorded, and the email used no longer exits, nor can be recovered to recover the account, goodbye all ………….
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blind-as-a-bat wrote: »So, in short, nothing is going to happen any time soon, and will meet a brick wall if and when they try.
Unless there is significant public/media pressure, then that is normally the way of it with these things.
Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB
IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed0 -
Unless there is significant public/media pressure, then that is normally the way of it with these things.
Which was the same conclusion i came too last night Thats it, i am done, Blind-as-a-Bat has left the forum, for good this time, there is no way I can recover this account, as the password was random, and not recorded, and the email used no longer exits, nor can be recovered to recover the account, goodbye all ………….
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I'm quite new to all of this, not to the debt which we have struggled with for years, just the dealing with it. We have a huge pile and are currently on a DMP for 9.5 years. However, only on these boards I have found evidence of the availability of a DAS in Scotland (I live in Scotland). From what I can research, this is a legally protected DMP, the creditors have to stop interest and it applies to any bank, they don't have to be Scottish, the debtor has to be resident in Scotland. My point is that this is available, but it never came up in my list of possible solutions with CCCS. Personally I am holding it as another avenue of coping if the DMP is not accepted by all and they keep adding interest, pursueing us for our equity etc. But if it is available, it should be more widely offered and if the Scottish government can manage it why can't the rest of the UK???More than Two Years in
Doing it the Niddy way:j:j:j0 -
Is there not a type of DMP in Scotland that has legal protection. Creditors if accepted must freeze interest/charges and help to lower the balance?Although no trees were harmed during the creation of this post, a large number of electrons were greatly inconvenienced.
There are two ways of constructing a software design: One way is to make it so simple that there are obviously no deficiencies, and the other way is to make it so complicated that there are no obvious deficiencies0 -
your right DCMore than Two Years in
Doing it the Niddy way:j:j:j0
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