DMP Mutual Support Thread (Part 5)

St0lli

I just left it blank but had them crossed.... Couldn't stand the embarassement of telling the PO assistant all the names - she was huffing and puffing enough because she had to sell me 10 PO's. It cost me £24 for £18's worth of PO's! :eek:

princess-of-plastic

Hey Md, i would just put the creditor name in payee and write the account details on the back?

Its good to see everyone doing so well, i tend to lurk more than post sometimes but its good to know how everyone is getting on.

pop xxx

massivedebts

Thanks POP xx

princess-of-plastic

no problemo

pop x

cocker100

Yummy-mummy wrote: »

Hi all

I've received some court papers in the post today from Incasso on behalf of RBS - they are our biggest creditor. They sent a letter dated 09.02.09 and saying they would issue within 7 days if they didn't recieve the amount outstanding (like I've got £31k stashed down the back of the sofa!). Anyway the papers have arrived so I rang them and they said Payplan had contacted them but they weren't prepared to accept the amount offered - their client wants £523 pm, which is about £200 more than what we were paying before the DMP, and if that couldn't be paid they were looking at getting a Charging Order. I always knew at the back of my mind that this was a possibility but now I'm really scared.

I've spoken to Payplan who've told me what bits to fill in and then to send the forms to them to complete the rest and they will then send it back to Incasso.

We've been on the DMP about 7 months and everything seemed to be going ok and I was feeling really positive about it all - facing up to the mess we were in and dealing with it - but now I just feel like I've hit rock bottom. DH is at work so not told him yet and have managed to get the kids out the way to give me a bit of peace and so they don't see the state I'm in.

If anyone out there can give me some reassurance I would be so grateful.

YM x

Hi,

Have you requested a copy of your CCA yet? (credit agreement)

If they cant produce it or if it is invalid, they cant take you to court as the debt would become unenforceable at law!:D

Read through the CCA request threads, especially Stapeleys request update thread. Lots of vital information on this one. I have learned lots of stuff on there. Also, have a look on the CAG's website on this. Loads of very clever people on there.

One of my creditors was on the verge of starting court proceedings with me, and once I issued a CCA request they stopped, and this was nearly a year ago!. They know if they persue it, there is a chance the debt would be made irrideemibly unenforceable by the courts.

It has also been know for some creditors to just say "ok, we cant enforce this debt, therefore we have reduced the balance on your account to zero and closed it!":beer: :beer:

Very close to this situation with another of my creditors. They have recently marked my credit file as "settled" even though last month a still owed them over £6500!!!!!!!!!!!!!!!!!!!!!!!!! But still cautious about this one as not had anything in writing from them yet!!!

Dont worry, its just all part of the long and winding DMP journey!

Cocker:)

dlb

Im still unsure on this one Cocker..had a phone call last night from a company saying they could get debts written off...but iv not seen Martin or mse recomend this yet..i am a follow of this site and truely belive Martin is always right..i claimed back my bank charges myself following the step by step process on the site.
So just am a little worried about this new cca thing yet?
I hope someone can prove me wrong because this would be great if it were true...but like i always say..if it seems to good to be true it probably is??

massivedebts

St0lli wrote: »

I just left it blank but had them crossed.... Couldn't stand the embarassement of telling the PO assistant all the names - she was huffing and puffing enough because she had to sell me 10 PO's. It cost me £24 for £18's worth of PO's! :eek:

Hi StOlli
Thanks for responding to me earlier, didn't see your post.
MD xx

cocker100

dlb wrote: »

Im still unsure on this one Cocker..had a phone call last night from a company saying they could get debts written off...but iv not seen Martin or mse recomend this yet..i am a follow of this site and truely belive Martin is always right..i claimed back my bank charges myself following the step by step process on the site.
So just am a little worried about this new cca thing yet?
I hope someone can prove me wrong because this would be great if it were true...but like i always say..if it seems to good to be true it probably is??

I too was very dubious at first. NEVER get any debt management company to do this for you when you can do it all yourself!

The way I see it is that I have nothing to lose. If I dont do anything they will take me to court, so I might as well try and fight them.

I only use these sort of tactics with creditors who have refused to accept my DMP. I am quite happy to repay my debts, but only at what I can afford each month. If they dont play ball, then I confront them head on. I must say, it seems to be working for me so far like! - well most of the time:D

They dont like it when you fight back:cool:

Cocker:)

cocker100

cocker100 wrote: »

I too was very dubious at first. NEVER get any debt management company to do this for you when you can do it all yourself!

The way I see it is that I have nothing to lose. If I dont do anything they will take me to court, so I might as well try and fight them.

I only use these sort of tactics with creditors who have refused to accept my DMP. I am quite happy to repay my debts, but only at what I can afford each month. If they dont play ball, then I confront them head on. I must say, it seems to be working for me so far like! - well most of the time:D

They dont like it when you fight back:cool:

Cocker:)

Forgot to mention, the debt isn't "written off" as such. It merely becomes unenforceable at law meaning that they cant take you to court to get you to pay. So if you dont want to pay anything then..................

However, sometimes creditors know they are on to a loser and just decide to write it off themselves and close your account, but this is rare and there aren't that many cases mentioned on MSE.

Stapeley has also started another thread called CCA request successes. There are a few cases of this on there.

Cocker:)

dlb

Thanks for that Cocker..i would never pay anyone to do anything again!! lol..did the bank charges myself price of 2 stamps got me over £1300 back!!!
And helped my friend take Barcleys all the way to court stage of reclaim, just not seen a step by step of what to ask for ect on this.

I see you say you have only done this will creditors that have not accepted your dmp, i claimed bank and credit card charges back whilst in dmp agrement with them..so just wondering why not try it for the others.

I am most interest in how to go about this if it can be done yourself like the bank charges.