DMP Mutual Support Thread (Part 5)

MRSG2B_2

DevonGirl wrote: »

:rotfl::rotfl::rotfl:

Hey MRSG2B - I got the same comedy letter yesterday! Gave me quite a laugh in the midst of my money worries.:D

Tell me about it.....it would have been helpful if they'd helped me out when I'd asked for it in the first place, then I wouldn't be in this mess! So for them to say that had me pmsl!! Fingers crossed things will be sorted with HSBC soon for us both!

ad1jnl

I am somewhat suprised as not heard anything by phone from any creditors. I've had letters from the credit card companies and the overdraft people which I think said they were excepting - but nothing official from CCCS. Do they contact you telling who has excepted.
The student loan company and personal loan with A & L haven't been in touch apart from asking me to set up a direct debit. Had a problem with the mortgage this month and thought it had all gone pearshaped. Thankfully phoned them up on Tuesday and have agreed arrears payments for 12 months and changed my payment date until the last day of the month (payday) This means I have no mortgage payment as such next month - I will use the spare cash as an emergency fund - will this be OK. I wasn't going to change my budget to reflect the arrears as believe I can manage on the cash. Or should I make an extra payment to creditors and up my budget??

Jon

moneybuster

sent token payments to cap one they cashed the cheque £5 pounds sent a CCA as well recorded delivery yesterday, 1 down 3 to go :eek:

Regards Moneybuster

newlywed

ad1jnl wrote: »

I am somewhat suprised as not heard anything by phone from any creditors. I've had letters from the credit card companies and the overdraft people which I think said they were excepting - but nothing official from CCCS. Do they contact you telling who has excepted.

No. You should see when any statements come in whether the interest has stopped at all - those where the interest has stopped have likely accepted.

cocker100

AmyV wrote: »

Hi there, I haven't been on here for a very long while! Mainly because I was making myself more and more depressed by keep reading everything - even though people on this thread were a tremendous help to me. However, I am afraid to say I need some more help again.

My husband is on a DMP and has been on one for about 18 months, the early months were very hard dealing with a few unsavoury Creditors, but on the whole it was okay, and we got through it and everything has been running smoothly for the past year :-)

However, one has recently told him they will no longer accept his DMP and threatening a Charging Order which I understand due to new legislation (is it out yet?) they can now go for without the need for a default on a CCJ. He hasn't even had a CCJ from them yet so seemingly going for the option which will get them best security.

CCCS advised him to request his credit agreement and statement of account under the Consumer Credit Act 1974 [sections 77-79]. Today he received in the post his original signed Credit Card Application. (no statements as yet but they said they are on their way) I was reading another thread which said certain criteria had to be met for the agreement to be enforceable, but the application is just the standard one you sign when you join up to a card so contains none of it. So can it still be deemed enforceable?

My husband does not want to cease paying the debt, he just wants to stop them going as far as a Charging Order, but would the Court allow the Charging Order based on the Credit Card Application?

Thanks for any advice you can give!!

Hiya there,

Please dont panic about this!

If your creditor applies to the court for a CCJ, they would have to provide the court with the original true signed copy of the credit agreement. If this agreement is deemed unenforceable then not only would they be unable to get the CCJ, they would not be able to get the charging order also!

If they do decide to apply for a CCJ, please remember to submit a defence to the court and state that you do not acknowledge the debt because the "credit agreement" does not comply with the Consumer Credit Act 1974.

The vast majority of "application form" alledged credit agreements are unenforceable as they are a "prospective agreement" and do not contain all the perscribed terms that are needed to make the agreement enforceable.

Please read through the following thread for more information on this:

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

There are many more people on there with more knowledge than me on the subject. If possible, post a copy of what they have sent you on there and let the experts have a look to see if they think it is enforceable or not. Remember to omit your personnal details though!

Good luck.

Cocker:)

clucky26

AmyV wrote: »

Hi there, I haven't been on here for a very long while! Mainly because I was making myself more and more depressed by keep reading everything - even though people on this thread were a tremendous help to me. However, I am afraid to say I need some more help again.

My husband is on a DMP and has been on one for about 18 months, the early months were very hard dealing with a few unsavoury Creditors, but on the whole it was okay, and we got through it and everything has been running smoothly for the past year :-)

However, one has recently told him they will no longer accept his DMP and threatening a Charging Order which I understand due to new legislation (is it out yet?) they can now go for without the need for a default on a CCJ. He hasn't even had a CCJ from them yet so seemingly going for the option which will get them best security.

CCCS advised him to request his credit agreement and statement of account under the Consumer Credit Act 1974 [sections 77-79]. Today he received in the post his original signed Credit Card Application. (no statements as yet but they said they are on their way) I was reading another thread which said certain criteria had to be met for the agreement to be enforceable, but the application is just the standard one you sign when you join up to a card so contains none of it. So can it still be deemed enforceable?

My husband does not want to cease paying the debt, he just wants to stop them going as far as a Charging Order, but would the Court allow the Charging Order based on the Credit Card Application?

Thanks for any advice you can give!!

Hi do you mind me asking which company this is? I heard about the new legislation but not sure if its in force yet. Had a link I put on a few days ago. No sure if it will answer any questions.

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=15_charging_orders_in_the_county_court

This really is something I've been pannicking about but just done a bit of research and think this link should help more. It's sort of put my mind at ease!

http://www.hmcourts-service.gov.uk/infoabout/enforcement/charging/how.htm

Hope you manage to sort it before it gets to this though...just trying to be helpful not make people pannick.

xx

bexxie90

Hi

MBNA-Interest stopped also Next

Barclays are being barstools totally awful
still waiting on other creditors.

Hope everyone good?
Bex.xx

debtfreeian

AmyV wrote: »

Hi there, I haven't been on here for a very long while! Mainly because I was making myself more and more depressed by keep reading everything - even though people on this thread were a tremendous help to me. However, I am afraid to say I need some more help again.

My husband is on a DMP and has been on one for about 18 months, the early months were very hard dealing with a few unsavoury Creditors, but on the whole it was okay, and we got through it and everything has been running smoothly for the past year :-)

However, one has recently told him they will no longer accept his DMP and threatening a Charging Order which I understand due to new legislation (is it out yet?) they can now go for without the need for a default on a CCJ. He hasn't even had a CCJ from them yet so seemingly going for the option which will get them best security.

CCCS advised him to request his credit agreement and statement of account under the Consumer Credit Act 1974 [sections 77-79]. Today he received in the post his original signed Credit Card Application. (no statements as yet but they said they are on their way) I was reading another thread which said certain criteria had to be met for the agreement to be enforceable, but the application is just the standard one you sign when you join up to a card so contains none of it. So can it still be deemed enforceable?

My husband does not want to cease paying the debt, he just wants to stop them going as far as a Charging Order, but would the Court allow the Charging Order based on the Credit Card Application?

Thanks for any advice you can give!!

Hmmm.... No expert either, but the National Debtline link that Clucky threw up appears to say you need to have had a CCJ and not kept to the payments (I think). I'd give National Debtline a ring too.

As far as your CCA, I'd start a new thread and one of the experts will have a look at it.

Circling_the_Drain

Has anyone had dealings with Bank of Scotland,Capital one & Marks & Spencer in their DMP'S?Did you find them reasonable to deal with & did they stop interest/charges?Just about to dip my toe in the DMP pool!
Scared as hell!:eek:

c7sdus

Circling_the_Drain wrote: »

Has anyone had dealings with Bank of Scotland,Capital one & Marks & Spencer in their DMP'S?Did you find them reasonable to deal with & did they stop interest/charges?Just about to dip my toe in the DMP pool!
Scared as hell!:eek:

Been on DMP for 3 yrs now an Capital One have been very good and stopped interest fairly quickly and no probs to deal with, hope this helps !!