DMP Mutual Support Thread (Part 5)

cheesypuff

Got a letter from Next this morning to say they have accepted the DMP and stopped all interest:T which is great news.
Am getting really frustrated with Nationwide as every few days they keep sending out letters saying my account remains in arrears and I hvae not responded to their communication etc.... They make no mention of the DMP and my letter even though on line it shows they received the token payment. Not sure if I should send them a letter or just ignore all the letters the letters they are sending out.

elsie52

Hi Boot,

My OH has a business credit card, t use for hotels travel etc, and this was fine by Payplan. They knew about it from the very beginning and we have been on DMP for 13 months now, and having the card has not given us any problems. Each time its used it is paid as soon as OH get his expenses cheques.

cocker100

DevonGirl wrote: »

They also asked if I had any way of getting extra money such as from friends or relatives!!!

This is in breach of OFT guidelines on debt collecting.

They are not allowed to ask you to borrow more money to pay them off!!!

Kindly point that out to them if they call again and inform them that you are recording the call for security!!!(You dont have to really record it, just tell them you are!!!)

Cocker:)

cocker100

DevonGirl wrote: »

Anyway, having had a number of these calls going over the same thing, I actually thought, what the hell, let's let him go through his script. It turns out they want another department (I pushed for their name but not given) who will "help me with my financial problems" possibly by putting my overdraft and loan together. Is this just a way of getting me to increase my loan??? Also, they claim that their service will work alongside the CCCS DMP. I've said this mystery dept can call me on Monday evening.... What should I expect. Is it all just sales speil?

Anyone had a similar experience???

This is just a last ditch attempt to get to pull out of your DMP. Its standard practice with some firms. CCCS wouldn't allow you to treat HSBC any more favourably than your other creditors.

They WILL eventually give up with this, but you've just got to ignore it for now.

Its just all lies!!!!


Cocker:)

cocker100

CornishMaid wrote: »

Am I right in thinking that if you request a CCA the account has to be placed on hold until it is supplied? i.e. no phone calls?
Thanks, CM.

The creditor has 12 working days in which to comply with your request. Plus another 2 days for posting. If, after this time has elasped, they haven't produced anything, the account becomes disputed and they cannot enforce the debt.

If they do eventually come up with the goods though, the dispute is lifted. Even if this is another 6 month down the line! Saying that though, receiving an alledged agreement doesn't necessarily make it an enforceable one!:D

Some creditors will put the account on hold when they receive your request and try to locate the agreement. If the account does become disputed, then they are not allowed to persue any collection activity on the account. This would also include phone calls demanding payment!

Cocker:)

cocker100

trying_to_stay_positive wrote: »

Hi, if I start a DMP for the debts in my name, will my OH find out about it? What i was thinking is that some of banks I have C/C with he also has C/C with, different accounts of course, but I am down as second card holder. Will they stop his C/C as well, because obviously he would know something was up then! We have no joint debt apart from our overdraught and mortage. Will I have to include the overdraught , as he pays the intrest on it? Any help gratefully rececived

Hiya,

If your DMP is in your name only, then i'm fairly certain that you dont have to include your joint accounts in the DMP.

As for his credit card with the same bank, I cant see this being a problem because to the bank, they are two separate accounts and therefore, two separate account numbers. If they disclosed your financial details to him, they would be in breach of the Data Protection Act 1998 for disclosing account details to a third party.

Anyone else got any comment on this???????????????


Cocker:)

fluffyblue7210

Hi I have approx 23.8k in unsecured debt being managed by CCCS in a DMP (reduced from 25.5k !) The DMP has been running for about a year. I am just going down the route of CCA and SAR with welcome finance regarding being ripped off with their account. What I would appreciate is if some one can let me know, as I am paying via a DMP i am acknowledging a debt is in place. Can I now start requesting CCA and disputing debts? I note on some of the CCA follow up letters it states "I do not acknowledge a debt to you". What if you have paid towards this debt? I really really want to start fighting back and think I understand the process so please can someone give me some advice about the DMP and CCA - thanks Heather

cocker100

fluffyblue7210 wrote: »

Hi I have approx 23.8k in unsecured debt being managed by CCCS in a DMP (reduced from 25.5k !) The DMP has been running for about a year. I am just going down the route of CCA and SAR with welcome finance regarding being ripped off with their account. What I would appreciate is if some one can let me know, as I am paying via a DMP i am acknowledging a debt is in place. Can I now start requesting CCA and disputing debts? I note on some of the CCA follow up letters it states "I do not acknowledge a debt to you". What if you have paid towards this debt? I really really want to start fighting back and think I understand the process so please can someone give me some advice about the DMP and CCA - thanks Heather

Hiya,

Glad to see that fighting spirit!:D

Being on a DMP makes no difference what so ever with regards to cca requests. You are legally entitled to view a copy of your credit agreement as defined by the Consumer Credit Act 1974.(Sections 77-79)

The account automatically becomes disputed if the creditor fails to provide you with the CCA within the timescale allowed. So, you currently do not dispute the debt, but you will dispute the debt if they fail to comply with your CCA request.

Some creditors may make reference to the fact that you have been paying the debt, so why now dispute it. But this is just a tactic to try and mislead you into thinking that you are wrong to dispute it.

If they have a valid agreement, they will provide you with it, so if they dont then .........................................

Its then up to you if you want to continue to paying them.


Cocker:)

fluffyblue7210

cocker100 wrote: »

Hiya,

Glad to see that fighting spirit!:D

Being on a DMP makes no difference what so ever with regards to cca requests. You are legally entitled to view a copy of your credit agreement as defined by the Consumer Credit Act 1974.(Sections 77-79)

Thanks think I might take it two at a time, I have 7 debts under DMP - I am determined to do Welcome Finance if its the last thing I ever do !!. Think if I do two then see how I get on. Just to clarify i do the CCA they have 12 working days to reply and 2 days for postage. If they dont I then place the account in dispute and dont need to continue payments. I then send a further letter giving them 30 days - if after this I can apply to get the agreement cancelled etc. However if they send the agreement fully complete then its classed as enforceable.

cocker100

fluffyblue7210 wrote: »

Thanks think I might take it two at a time, I have 7 debts under DMP - I am determined to do Welcome Finance if its the last thing I ever do !!. Think if I do two then see how I get on. Just to clarify i do the CCA they have 12 working days to reply and 2 days for postage. If they dont I then place the account in dispute and dont need to continue payments. I then send a further letter giving them 30 days - if after this I can apply to get the agreement cancelled etc. However if they send the agreement fully complete then its classed as enforceable.

Have a read through the following thread before you do anything. There are people on there who know more than me.

http://forums.moneysavingexpert.com/showthread.html?t=767025

If they dont send anything within the 12 days allowed, send them the 12+2 letter. There will be a copy somewhere in the CCA thread. There is a 30 day letter, but I think that part is obsolete now as it is no longer a criminal offence if they fail to produce after 30 calender days.

If they fail to produce any agreement, it doesn't mean that the debt is "written off", it merely means that the creditor cannot legally enforce the debt through the courts, so it is therefore up to you if you want to continue paying them.

If they dont have a valid CCA, then it is much more likely that the creditor will accept a greatly reduced "full and final settlement" in order to settle the account. However, as long as the account remains in dispute, you are no obliged to make any payment to them.

Cocker:)