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  • FIRST POST
    • sourcrates
    • By sourcrates 26th Mar 17, 12:20 PM
    • 11,896Posts
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    sourcrates
    DMP Mutual Support Thread - Part 12
    • #1
    • 26th Mar 17, 12:20 PM
    DMP Mutual Support Thread - Part 12 26th Mar 17 at 12:20 PM
    Welcome to the DMP mutual support thread Part 12 !!

    Here you can find help in starting and running your DMP, self managed, Stepchange, Payplan and any other DMP all welcome here, but we do encourage you to use a free service, not one you pay for.

    There is help on getting interest and charges stopped, how to start with an emergency fund, defaults, token payments and lots more.

    If you are in a DMP or thinking of one, this is the place to be. We are non judgmental and all questions are welcome.

    Again the old thread was getting a tad long, so time for a new one.

    The old thread can be found here :

    http://forums.moneysavingexpert.com/showthread.php?t=5285089

    Once again, i think the original "newbie" post by sazzie23 still rings true.
    Last edited by sourcrates; 26-03-2017 at 12:50 PM.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. I'm a volunteer to help the boards run smoothly, and I can move and merge posts there.
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Legal advice see : http://legalbeagles.info/
Page 35
    • sourcrates
    • By sourcrates 18th May 17, 4:15 PM
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    sourcrates
    Little update from me. I heard back from PRA Group today regarding the complaint I raised with them for not adding a default to my account. They agreed that I was correct and that they would backdate the defaults to 1st August 2011 for both account I hold with them

    I'm so happy about this as this means that after August this year those debts will drop off my file. Also, a bonus as both of these accounts are unenforceable and one of them is the biggest debt I owe at £3,415

    Now I've just got to tackle Hoist and Arrow Global in the same manner. Hoist added a very late default date in Oct 2016 and Arrow haven't added one at all!

    Also, I heard back from Link regarding copy of my CCA which they sent. Now its back from 2008 but it isn't signed. The form has a box which is the electronic tick in it (I don't remember if I signed or ticked electronically) and there is text to say: I confirm that the tick in this box is a valid means of establishing the authenticity and integrity of my signature of this credit agreement. I understand MBNA will hold this acceptance data on their files.

    I guess that means that all is above board then? Is there anything else I need to check?

    Thanks
    Originally posted by Twins
    There is no requirement within the consumer credit act for a copy Ageement requested under sec 77/79 to have a signiture on it.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. I'm a volunteer to help the boards run smoothly, and I can move and merge posts there.
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Legal advice see : http://legalbeagles.info/
    • leanne12345
    • By leanne12345 18th May 17, 5:26 PM
    • 67 Posts
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    leanne12345
    Hi, am I right in thinking CCA requests don't apply to overdrafts? I'm sure I have read that (probably on this thread!) but now I can't seem to find anything about it.
    Thanks ☺
    • sourcrates
    • By sourcrates 18th May 17, 8:57 PM
    • 11,896 Posts
    • 11,396 Thanks
    sourcrates
    Hi, am I right in thinking CCA requests don't apply to overdrafts? I'm sure I have read that (probably on this thread!) but now I can't seem to find anything about it.
    Thanks ☺
    Originally posted by leanne12345
    Doesn't apply to overdrafts or mobile phone contracts.

    Only to simple credit agreements such as loans, credit cards, catalogues, store cards etc.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. I'm a volunteer to help the boards run smoothly, and I can move and merge posts there.
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Legal advice see : http://legalbeagles.info/
    • leanne12345
    • By leanne12345 19th May 17, 6:39 AM
    • 67 Posts
    • 40 Thanks
    leanne12345
    Doesn't apply to overdrafts or mobile phone contracts.

    Only to simple credit agreements such as loans, credit cards, catalogues, store cards etc.
    Originally posted by sourcrates
    Thank you
    • Suseka97
    • By Suseka97 19th May 17, 8:36 AM
    • 123 Posts
    • 184 Thanks
    Suseka97
    Well done Suseka97! That's fab news Can I ask what did say in your letter in order to get the date backdated? I too have requested this from PRA Group who have not defaulted me and so this information would be most useful in case I need to go back with different language.
    Originally posted by Twins
    Thank you Twins

    It took around 18mths or so before Halifax sold my debt on to Wescott -and during that time I had written about 6/7 letters complaining about that. What I was told on more than on occasion was that after 6 months of reduced payments the debt would be passed to collections and a default would follow - but that never happened (hence the repeated complaints).
    Fast forward to where we are now and having completed my final review with SC I kinda got my second wind and thought - sod that, I'm going to fight this. So, I went back to all the correspondence I've kept over the years and wrote a letter and addressed it to the 'Head of Collections/Recovery' using the address from the last letter I'd received from them. I included copies of all previous letters and basically said that I felt that they had treated me poorly and that of all my original (14) creditors they were the only ones who had not defaulted me in the year the DMP commenced. I also included the excerpt below, taken from the Debt Camel Website (link also below). I think Sourcrates put this link up on an earlier thread and it contains a wealth of information - so worth checking out. This page talks about defaults.

    https://debtcamel.co.uk/tag/defaults/

    When should a default be added to a credit record?
    The Information Commissioner’s Office (ICO) says in its Principles for the Reporting of Arrears, Arrangements and Defaults at Credit Reference Agencies:
    “As a general guide, [a default may be recorded] when you are 3 months in arrears, and normally by the time you are 6 months in arrears.
    There are exceptions to this which may result in a default being recorded at a later stage, such as secured or long term loans e.g. mortgages, or if the product operates in a more flexible way e.g. current accounts, student loans, home credit.”

    Edited: taking out some of the waffle
    Last edited by Suseka97; 19-05-2017 at 8:50 AM.
    LBM Apr13: 14 Creditors / £85k+ owed
    Current Status: 6 Creditors / £11,994
    DFD: Aiming for end of 2018
    Self-managed Aug17: CCAs pending
    • Suseka97
    • By Suseka97 19th May 17, 8:46 AM
    • 123 Posts
    • 184 Thanks
    Suseka97
    Little update from me. I heard back from PRA Group today regarding the complaint I raised with them for not adding a default to my account. They agreed that I was correct and that they would backdate the defaults to 1st August 2011 for both account I have...
    Originally posted by Twins
    Well done
    I hadn't spotted this when I answered your question - so sorry for the longwinded reply, but it might help others so I've left it up
    LBM Apr13: 14 Creditors / £85k+ owed
    Current Status: 6 Creditors / £11,994
    DFD: Aiming for end of 2018
    Self-managed Aug17: CCAs pending
    • carbootcrazy
    • By carbootcrazy 19th May 17, 9:23 AM
    • 4,064 Posts
    • 22,818 Thanks
    carbootcrazy
    Well done, Suseka, and thanks for the very useful link

    On the subject of backdated default requests, should we tell the creditor why we want a default on our account? I would imagine that most people are not aware of the credit file situation and defaults dropping off after 6 years and would therefore do anything to avoid getting a default. I'm wondering how we should ask for one, surely they'll try to fob us off by telling us that they are a bad thing and we don't really want one..


    Obviously we on here know that early defaults are good news but how do we word the request for getting one from our creditors?


    It's only Lloyds that has defaulted me late, the end of last year rather than 2013 like the other creditors did. The rest will be gone from my file before my DMP ends at this rate but the Lloyds one will be hanging around for years. I know from experience that Lloyds are the least co-operative of my creditors but I noticed that people have had success with Halifax which used to be/maybe still is part of the Lloyds group if I'm not mistaken
    Last edited by carbootcrazy; 19-05-2017 at 9:26 AM.
    Make £10 A Day Challenge 2017. Jan-Aug: £4112.05 Sept: £119.86
    3-6 Months Emergency Fund Challenge #12: £3733.00/£5000.

    Original Debt: £56804 (@ LBM 02/13). Balance now: £15841
    . Getting there
    • sourcrates
    • By sourcrates 19th May 17, 11:41 AM
    • 11,896 Posts
    • 11,396 Thanks
    sourcrates

    On the subject of backdated default requests, should we tell the creditor why we want a default on our account?


    Obviously we on here know that early defaults are good news but how do we word the request for getting one from our creditors?
    Originally posted by carbootcrazy
    Dear creditor,

    I have been in a debt management plan now for three years.

    All my other creditors have defaulted me except you.

    Please default my account in line with FSA guidelines so that my credit file is not unduly affected for longer than is necessary.

    Yours sincerely

    Carbootcrazy


    You will be surprised how savvy creditors are on this subject, they read these sites as well you know.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. I'm a volunteer to help the boards run smoothly, and I can move and merge posts there.
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Legal advice see : http://legalbeagles.info/
    • carbootcrazy
    • By carbootcrazy 19th May 17, 2:12 PM
    • 4,064 Posts
    • 22,818 Thanks
    carbootcrazy
    Dear creditor,

    I have been in a debt management plan now for three years.

    All my other creditors have defaulted me except you.

    Please default my account in line with FSA guidelines so that my credit file is not unduly affected for longer than is necessary.

    Yours sincerely

    Carbootcrazy


    You will be surprised how savvy creditors are on this subject, they read these sites as well you know.
    Originally posted by sourcrates
    Thanks, sourcrates

    This particular creditor has defaulted me but only a few months ago, not spring 2013 like the others. I want them to backdate it to when the others defaulted me so they will all fall off my file around the same time. I don't want to be waiting years extra just for this one

    I'll just amend your suggested letter to mention that my other creditors defaulted me in 2013 and asking them to backdate their default to the same date.

    In your experience. do they often comply? This is Lloyds though, they haven't been all that helpful over other issues
    Make £10 A Day Challenge 2017. Jan-Aug: £4112.05 Sept: £119.86
    3-6 Months Emergency Fund Challenge #12: £3733.00/£5000.

    Original Debt: £56804 (@ LBM 02/13). Balance now: £15841
    . Getting there
    • sourcrates
    • By sourcrates 19th May 17, 3:31 PM
    • 11,896 Posts
    • 11,396 Thanks
    sourcrates
    Carboot,

    Its not an issue i`ve ever has personally, but lots have.

    They know the rules, but some will stretch them as far as possible.

    If they dont comply, or refuse to, take your complaint to the ICO (Information commissionaires office) and they will look into the matter on your behalf.

    They dont have the power to award compensation, but they can get the default date set correctly.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. I'm a volunteer to help the boards run smoothly, and I can move and merge posts there.
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Legal advice see : http://legalbeagles.info/
    • January2015
    • By January2015 19th May 17, 4:23 PM
    • 1,750 Posts
    • 4,715 Thanks
    January2015
    When we wrote and asked for backdated defaults we pointed out they were unfairly disadvantaging us and pointed out that had we chosen not to address our debt problem and not paid at all the account would have been defaulted and all record of the account and default would have been removed six years later. However, because we chose to act responsibly and deal with our debts through a debt management plan, they (the creditor) were unfairly penalising us for this - as the record of the account would continue to be recorded until six years after the last payment on the account (which would be well into the future, and certainly more than the six years we would have recorded if they had defaulted in a timely manner). We felt they were therefore treating non-paying customers more fairly than they were treating customers on a debt management programme.

    This argument worked for us
    DFW Nerd No. 1484 LBM 07/01/15 Debt was £95k I'm driving it down
    £1k emergency fund (member #84) £1k/£1k
    Xmas 2017 £1 p/day challenge No. 20 - £420/£730
    Make £10 p/day Feb £74.31, Mar £664.37 Apr £40
    • sourcrates
    • By sourcrates 19th May 17, 5:03 PM
    • 11,896 Posts
    • 11,396 Thanks
    sourcrates
    We felt they were therefore treating non-paying customers more fairly than they were treating customers on a debt management programme.

    This argument worked for us
    Originally posted by January2015
    ........and rightly so to.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. I'm a volunteer to help the boards run smoothly, and I can move and merge posts there.
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Legal advice see : http://legalbeagles.info/
    • torheb
    • By torheb 21st May 17, 10:33 AM
    • 12 Posts
    • 5 Thanks
    torheb
    Argh we've finally bit the bullet and sent off the SC application form for the DMP I've opened a new account and am in the process of changing the direct debits and cancelling the creditor dd's I assume I need to contact them even though we're going through step change - does anyone have a letter template - I can only find ones for self managed not for going through SC - if I cancel dd's before they receive the letter is that bad - I get paid on 1st and want that pay to go in the new account so don't have much time really. Any help appreciated - thanks
    • sourcrates
    • By sourcrates 21st May 17, 11:35 AM
    • 11,896 Posts
    • 11,396 Thanks
    sourcrates
    I assume I need to contact them even though we're going through step change - does anyone have a letter template -
    Originally posted by torheb
    National debtline have a full range of template letters on there website.

    This one should suite you :

    https://www.nationaldebtline.org/EW/sampleletters/Pages/Hold-action-on-your-account-%28sole-name%29.aspx
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. I'm a volunteer to help the boards run smoothly, and I can move and merge posts there.
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Legal advice see : http://legalbeagles.info/
    • vaper
    • By vaper 21st May 17, 11:47 AM
    • 97 Posts
    • 84 Thanks
    vaper
    I got a letter from Mint CC yesterday, this I the first of many to come!!!.
    It states that I have defaulted on my payment and are going to add £12.00 charge to the account.
    Will they do this every month from now on? If so I will be paying forever.
    • sourcrates
    • By sourcrates 21st May 17, 12:10 PM
    • 11,896 Posts
    • 11,396 Thanks
    sourcrates
    Will they do this every month from now on? If so I will be paying forever.
    Originally posted by vaper
    Only till the account defaults, usually 3-6 months.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. I'm a volunteer to help the boards run smoothly, and I can move and merge posts there.
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Legal advice see : http://legalbeagles.info/
    • vaper
    • By vaper 21st May 17, 12:13 PM
    • 97 Posts
    • 84 Thanks
    vaper
    Ok thanks..........again.
    • Anniee88
    • By Anniee88 21st May 17, 1:44 PM
    • 18 Posts
    • 37 Thanks
    Anniee88
    Hi Guys I am thinking of setting up sort of a DMP on my own, but do I have to do it with all creditors? I've cut up one credit card that's got £4600 on it and my next payment is roughly £132. I contacted them via secure message and they said call with SOA and they can set up a repayment plan and freeze the account. But if I call them and tell them I'm paying out 'xyz' to other companies will they just accept this? Or want me to reduce payments to everyone else too? I just want to get an idea of what they will say before I call them. Based on my SOA I'm about £100 per month negative balance. Thanks
    • sourcrates
    • By sourcrates 21st May 17, 1:58 PM
    • 11,896 Posts
    • 11,396 Thanks
    sourcrates
    Hi Guys I am thinking of setting up sort of a DMP on my own, but do I have to do it with all creditors? I've cut up one credit card that's got £4600 on it and my next payment is roughly £132. I contacted them via secure message and they said call with SOA and they can set up a repayment plan and freeze the account. But if I call them and tell them I'm paying out 'xyz' to other companies will they just accept this? Or want me to reduce payments to everyone else too? I just want to get an idea of what they will say before I call them. Based on my SOA I'm about £100 per month negative balance. Thanks
    Originally posted by Anniee88
    Hi,

    Ideally you should treat all your creditors the same, if you have other debts, you should consider a debt management plan, or maybe another option would be better.

    Posting your SOA in the DFW forum (not here) will tell us the best option for you, you should consider getting advice from one of the free debt charities as well.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. I'm a volunteer to help the boards run smoothly, and I can move and merge posts there.
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Legal advice see : http://legalbeagles.info/
    • Anniee88
    • By Anniee88 21st May 17, 2:08 PM
    • 18 Posts
    • 37 Thanks
    Anniee88
    Hi,

    Ideally you should treat all your creditors the same, if you have other debts, you should consider a debt management plan, or maybe another option would be better.

    Posting your SOA in the DFW forum (not here) will tell us the best option for you, you should consider getting advice from one of the free debt charities as well.
    Originally posted by sourcrates
    Thanks for your reply I have done that already, step change suggested a DMP but I have a loan that I pay £200 per month on that I've got 10 payments left so that'll be free for my other creditors soon, so I didn't think it was worth doing a whole DMP. It's just the credit card is such high interest I am going to be repaying for years! I don't know wether to just begrudge paying it and getting charged £75 per month interest for now. I am trying to do 1 extra shift a month to afford another £100 for my debts it's hard knowing what to do.
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