DMP Mutual Support Thread - Part 12

selinek · 3 February 2018 at 11:08PM

:wave: from fellow self managed warrior

I have received a CCA from IDEM originally MBNA. I have had the CCA checked and is deemed unenforceable. I sent a letter offering a 10% F&F which was rejected. I didn't mention CCA was unenforceable. Is it worth making the same offer this time mentioning unenforceable agreement ? I remember reading January15 had success with F&F. Any guidance would be appreciated. Has anyone not paid/not paying even though the DCA believes the CCA is valid. Did you write and let them know you wouldn't be paying or kept quiet ? I'm just weight up my options. Thanks in advance

January2015 · 3 February 2018 at 11:17PM

selinek wrote: »

:wave: I have received a CCA from IDEM originally MBNA. I have had the CCA checked and is deemed unenforceable. I sent a letter offering a 10% F&F which was rejected. I didn't mention CCA was unenforceable. Is it worth making the same offer this time mentioning unenforceable agreement ? I remember reading January15 had success with F&F. Any guidance would be appreciated. Has anyone not paid/not paying even though the DCA believes the CCA is valid. Did you write and let them know you wouldn't be paying or kept quiet ? I'm just weight up my options. Thanks in advance

How old was your MBNA account?

With my MBNA account I just stopped paying anything altogether. I was sent what looked like a valid CCA, but having had it checked and been advised it was UE I just stopped all communication and ignored all of their correspondence until they wrote and offered to settle at 10% of the outstanding balance. I could have not paid anything because it was UE, but I chose to settle to put this account to bed on my credit files.

The process of applying for the CCA, finding out it was UE and not making any payments, and ignoring letters received from the DCA, took about 14 months. It was a long waiting game

selinek · 3 February 2018 at 11:30PM

January2015 wrote: »

How old was your MBNA account?

With my MBNA account I just stopped paying anything altogether. I was sent what looked like a valid CCA, but having had it checked and been advised it was UE I just stopped all communication and ignored all of their correspondence until they wrote and offered to settle at 10% of the outstanding balance. I could have not paid anything because it was UE, but I chose to settle to put this account to bed on my credit files.

The process of applying for the CCA, finding out it was UE and not making any payments, and ignoring letters received from the DCA, took about 14 months. It was a long waiting game

Thanks for that January15, really empowered now. MBNA opened 2005. UE due the terms not matching signed agreement. I was paying through SC stopped paying in November when I went SM( Best thing I have ever done:T Well I best baton down the hatches and see if they come through with a settlement. just one more thing were you bombarded with threatening letters?

January2015 · 3 February 2018 at 11:53PM

selinek wrote: »

Thanks for that January15, really empowered now. MBNA opened 2005. UE due the terms not matching signed agreement. I was paying through SC stopped paying in November when I went SM( Best thing I have ever done:T Well I best baton down the hatches and see if they come through with a settlement. just one more thing were you bombarded with threatening letters?

No - never bombarded with letters. My debt was with PRAT at the time though.

I just watched ever reducing settlement offers drop through the letter box and I only responded when I go a 10% settlement offer :j

Otherwise I ignored everything they sent me

[Deleted User] · 4 February 2018 at 7:21AM

Lovely to see you on here again, January:T:j. I hope all is well with you:)

On the subject of just ignoring creditors once you have been advised that the debt is unenforceable. Did that creditor send a covering letter with the CCA stuff they sent you, as all mine did, saying that they had completely fulfilled their CCA obligations and the debt IS enforceable and, basically, case closed?:eek:

If we subsequently get these documents checked and are advised the debts are UNenforceable after all:j:j:j and we just stop paying and cease all communication how do the creditors know we've done so because of unenforceability reasons? I'm in a similar predicament with one of my debts and feel I want to tell them that, contrary to what they told me, it is NOT enforceable and I won't be paying any more.

selinek · 4 February 2018 at 10:35AM

January2015 wrote: »

No - never bombarded with letters. My debt was with PRAT at the time though.

Love you description of PRA(T) January15 made me chuckle

I just watched ever reducing settlement offers drop through the letter box and I only responded when I go a 10% settlement offer :j

Otherwise I ignored everything they sent me

I am beginning to understand these leeches are a law unto themselves. Some are more reasonable than others.

I was reluctant to go down F&F and UE route because I believed I got myself into debt therefore I must pay the price. When I found out DCA's pay 10-14 pence to the pound of the outstanding debt ( somewhere read they pay no more than 20%) I realised I had paid my debt and then some. Then I started on my crusade of getting control back.

Received a letter from IDEM stating that there is no payment arrangement. If I don't contact them within 7 days my account will be reviewed for further action which could result in either acct being placed in "our internal recoveries dept" or "acct being placed with an external debt collection agency for recovery activity" Am right in thinking they will sell onto another DCA or they threatening something far more serious? Before reading this thread I would have responded out of fear now I arm myself with information then consider my position.

Any one else had anything similar dealing with IDEM. I know they can be more tricky than other DCA's

sourcrates · 4 February 2018 at 2:02PM

ploppy57 wrote: »

As we are now going down the self managed route and need to set up standing orders, I wrote to all the DCA's requesting their bank details. Now....correct me if I'm wrong, but surely there is no reason for them to have OUR bank detail? All I need to do is go online and set up the standing order, ???

You don't need to fill there mandate in, its probably sent out automatically.

sourcrates · 4 February 2018 at 2:07PM

carbootcrazy wrote: »

If we subsequently get these documents checked and are advised the debts are UNenforceable after all:j:j:j and we just stop paying and cease all communication how do the creditors know we've done so because of unenforceability reasons? I'm in a similar predicament with one of my debts and feel I want to tell them that, contrary to what they told me, it is NOT enforceable and I won't be paying any more.

Myself i would just send a short letter outlining your position, and why you believe its the stance to take, so in your case, its because you believe the CCA is not compliant with legislation.

They think it is, you don't, so catch 22, only a court can decide for sure, its then up to the creditor if they think its worth pursuing it or not.

Most of the time they will back down, maybe sell the debt on, in which case you have to inform the new owner of the credit agreement dispute, or they will just sit on it, and you wont hear from them again.

[Deleted User] · 4 February 2018 at 2:25PM

sourcrates wrote: »

You don't need to fill there mandate in, its probably sent out automatically.

Ploppy, I totally agree with sourcrates:T.

Most of my creditors sent me SO mandates to fill in and return when I told them I was going self-managed. No way!!! I want to be in control of what I pay not them;). They were all perfectly happy when I set it up to pay them directly myself.

System · 4 February 2018 at 4:26PM

carbootcrazy wrote: »

Ploppy, I totally agree with sourcrates:T.

Most of my creditors sent me SO mandates to fill in and return when I told them I was going self-managed. No way!!! I want to be in control of what I pay not them;). They were all perfectly happy when I set it up to pay them directly myself.

Thanks Sourcrates and Carbootcrazy. Definitely won't be sending them our details.

DMP Mutual Support Thread - Part 12

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