DMP Mutual Support Thread (Part 5)

jodie04

Hi All,
I have payplan ringing me tom afternoon to start work on debts, but i have 3 bills that need paying by 30th, would like know whether i should ring them up mon morn and explain situation maybe offer to make a small payment on wed when i next get money, as in £10 each (r expecting around 80 each) just to stop late payments while i sort out what i`m doing?

Moany_Money

jodie04 wrote: »

Hi All,
I have payplan ringing me tom afternoon to start work on debts, but i have 3 bills that need paying by 30th, would like know whether i should ring them up mon morn and explain situation maybe offer to make a small payment on wed when i next get money, as in £10 each (r expecting around 80 each) just to stop late payments while i sort out what i`m doing?

Hiya,
I'd speak to Payplan first and see what they suggest. They would be able to give you some advice on what to do.

cocker100

geoffmr1 wrote: »

As I said yesterday, what you are saying is factually correct. I'm not suggesting what you say is wrong or that this hasn't worked for you but it certainly doesn't work for everyone.

I requested a CCA from HFC & they sent an application form way after the time limit had expired & without the prescribed terms. No matter how many times I told them it was unenforceable they still proceeded with Court Action. Whilst I did eventually win it was after attending Court twice & losing several rounds against their solicitors, which was extremely scary & at times very lonely. My point remains the same you have to be a very confident person who understands the CCA Act if you're going to stop paying them or ignoring their requests.

The vast majority of County Court Judges do NOT understand the CCA Act, nobody has to take my word for it just ask the National Debtline, Citizens Advice or go & read the CAG forum. The CAG has hundreds of cases where people have lost in Court because the Judge chose to ignore the Act & agreed with the solicitor instead. Those people then have to find money from somewhere to appeal & get the decision over-turned, of course the flip side of that is that hundreds have also won but as I said you have to be prepared to let it go all the way & the majority of people get too scared to do that. In my case, if I had lost my debt would have doubled from £10000 to £20000 due to HFC's alleged costs.

Hiya,

Sorry for the rant last night. Just airing my views.

The way I see it is if a creditor is taking you to court or refusing the DMP, you have nothing to lose in requesting the CCA. If you dont, they win, if you do, it gives you a fighting chance.

Yes, some creditors take the gamble and proceed anyway, and yes, not all judges know the correct procedure of the Consumer Credit Act 1974. (This in my eyes is appaulling and is a reflection of the country we now live in!)

That said though, this route has helped thousands of people fight back against unhelpful creditors.

I can understand where you are coming from with Goldfish. They are one of my creditor too, however they have sold the debt onto 1st Credit DCA who are even worse! They also sent me an " edited application form" in the proposed form. Completely unenforceable in my eyes and several "experts" on these sites. However, this account also has a mis-sold ppi policy attached (Like my Lloyds account)which again would clear the bulk, if not all of the alledged debt. This makes it a multiple agreement, and an unenforceable one voids the ppi attached, resulting in a BIG rebate to me through compounded interest!

1st Credit thretened to make me bankrupt at first and even issued me with a statutory demand, but after several heated letters to them they have backed down and accepted the DMP, at least on a rolling basis. This is after pointing all of the above out to them. Knowing 1st Credit, if they thought they had any chance in winning in court, they would have done it. But after pointing out to them that it is probably me who is owed money on this account, they have ran like a scared rabbit.

I continue to pay this account, but have started the process to reclaim the charges and mis-sold ppi on the account. Goldfish and 1st Credit keep passing the buck with the ppi and state that each other is responsible for this. They must know i'm on to a winner!

Time will tell!

Cocker:)

cocker100

cocker100 wrote: »

Not always true.

Report companies to the OFT and they WILL investigate them. After many complaints from consumers, The OFT have been going over 1st Credit DCA with a fine toothcomb and have recently brought them to book. I think they have also been investigating Makenzie Hall DCA.

Several banks have now dropped 1st Credit when selling debts on, so things cant be all bad!

Have a look at the following link. It gives us all hope!

http://business.timesonline.co.uk/tol/business/industry_sectors/banking_and_finance/article6074192.ece


Cocker:)

muddlemess

debt_daisy wrote: »

Hi All,

Just popped in., I've managed to skim the last few pages as things are pretty busy here- Sunshine I am sorry you are having difficulties, and Toffee Penny I agree with never losing the urge to spend. I am sneaking a few purchases here and there (nothing like before only ebay pieces and a few clothes) as I just think why not so have to be a bit clever with the rest of the budget for the month but i just feel sometimes that we deserve some quality of life.

Speaking of budgets though DP has just been told he is being made redundant at the beginning of May. This is now the third time in 18 months. This basically means that we have to finish our tenancy in the house we are in and both go back to living with our parents. I don't want to go on about this as I know there must be so many others in this situation and probably much worse with children and mortgages and the fear of reposession, but when you are living it day to day it is horrible. I feel sorry for him aswell as I know this is becoming very common for a lot of people but he's out there every day with every agency and aplies for everything online but he never hears back or has any luck. I wish that we could stay here but we won't be able to manage. He has been told that he is not entitled to jobseekers and therefore I don't know where that leaves us. TBH I don't think jobseekers would be enough to keep us afloat anyways as he has personal debt from university too. Ironically I have just got a new job so will be earning around a £1000 or so more a year but we still cannot manage on just my wages and I am already on a low start DMP so going any lower I don't think my creditors would be left with much at all (not that I give a s**t about them at the moment). So I just feel quite low as I don't think my DMP will factor in an allowance for all the extra commuting I will be doing now (DP will be living an hour and a half away when he moves home) but perhaps I can be clever with the figures. I will still be paying my parents some rent but obviously I will have more money to put in to the DMP on the plus side but the way I feel at the moment I don't want to give them any extra. I'm sorry if this rant has been really selfish but I just needed to get it out. The thought of being in debt and not being able to see my DP everyday has just made me feel really low. Thanks for listening.

x DD

Hi really sorry to hear this, if it doesn't rain it pours! Don't you just hate the 'snakes' who gave us all this money to begin with, you wouldn't put an alcoholic in an off licence and ask him to hold an unopened bottle of wine! Not saying we are 'all' compulsive spenders but........... temptation, mmmm, well just look what happened to adam and eve!

Sorry to rant, I know I spent this money but its like having a tin of your favourite chocolates and not knowing when to stop!

I'm just about to start my low start DMP and not sure if this will help but could you have just aquired a pet or two? Or claim dry cleaning costs for workwear? I'm sure you've already thought of this but if your living with your parents will you need to pay for rent, council tax, electricity, gas, insurance or shopping?

Hope your feeling a bit happier soon and I haven't confused you with my ranting xx

muddlemess

Sorry about earlier rant - hope didn't upset anyone!:o

Has anyone had any dealings with Lloyds TSB. I have a current account and a loan from their loans direct. I've just managed to cancel the direct debit online but wondered if anyone else has done this and what happened next? I'm going to write and ask to close account next week all being well just wndered if anyone else has done the same thing. Thank you

ianmak

The chances are they won't let you cancel the DD permanently if it is a TSB loan. So are loans direct part of them? Not sure if you'll be able to close the account either, and they may take money from there, whether you have money in there or not.

But I haven't tried this, and not sure if this is the case! Anyone else?

I presume you've opened up a new basic current account and transferred all wages and non-debt DDs over to it?

geoffmr1

cocker100 wrote: »

Hiya,

Sorry for the rant last night. Just airing my views.

The way I see it is if a creditor is taking you to court or refusing the DMP, you have nothing to lose in requesting the CCA. If you dont, they win, if you do, it gives you a fighting chance.

Yes, some creditors take the gamble and proceed anyway, and yes, not all judges know the correct procedure of the Consumer Credit Act 1974. (This in my eyes is appaulling and is a reflection of the country we now live in!)

That said though, this route has helped thousands of people fight back against unhelpful creditors.

I can understand where you are coming from with Goldfish. They are one of my creditor too, however they have sold the debt onto 1st Credit DCA who are even worse! They also sent me an " edited application form" in the proposed form. Completely unenforceable in my eyes and several "experts" on these sites. However, this account also has a mis-sold ppi policy attached (Like my Lloyds account)which again would clear the bulk, if not all of the alledged debt. This makes it a multiple agreement, and an unenforceable one voids the ppi attached, resulting in a BIG rebate to me through compounded interest!

1st Credit thretened to make me bankrupt at first and even issued me with a statutory demand, but after several heated letters to them they have backed down and accepted the DMP, at least on a rolling basis. This is after pointing all of the above out to them. Knowing 1st Credit, if they thought they had any chance in winning in court, they would have done it. But after pointing out to them that it is probably me who is owed money on this account, they have ran like a scared rabbit.

I continue to pay this account, but have started the process to reclaim the charges and mis-sold ppi on the account. Goldfish and 1st Credit keep passing the buck with the ppi and state that each other is responsible for this. They must know i'm on to a winner!

Time will tell!

Cocker:)

Feel free to keep ranting, this is certainly the place to do it.

Please don't think for one minute I don't agree with every point you make because I do, I was just putting another side of it across.

With regards the PPI mis-selling I put in a claim against MBNA at the end of last year with the FOS. In February they wrote to me telling me they agreed with my case & that MBNA had to refund all the money (around £1000) plus £200 compensation & they had until the 11th March 2009 to respond to the FOS' findings. Well I'm still waiting & despite contacting the person dealing with my case at the FOS on two separate occasions I'm getting nowhere. I asked why they have allowed MBNA to ignore them & all I get told is that they've given them more time to respond because MBNA are busy. It's a joke really, I could go the County Court route but that means paying out money intially which I cannot afford.

muddlemess

ianmak wrote: »

The chances are they won't let you cancel the DD permanently if it is a TSB loan. So are loans direct part of them? Not sure if you'll be able to close the account either, and they may take money from there, whether you have money in there or not.

But I haven't tried this, and not sure if this is the case! Anyone else?

I presume you've opened up a new basic current account and transferred all wages and non-debt DDs over to it?

Thanks for reply! Opened new A/C with A&L and transferred all DD's and wages with the exception of Lloyds loan and egg - leaving those till the very last moment to cancel!! I did ring LloydsTSB Loans direct to ask to change d/d details and they sending me a new d/d mandate to complete! Starting DMP 1 june (all being well) so hoping to change to new A/C then will cancel after that!

Getting really stressed with it all .......... head thumping, does everyone go through this?

ianmak

When you cancel Egg make sure you do it with plenty of time before the money goes out. I say you need to give at least a week at least in case it doesn't get cancelled in time.

I'm a bit confused. Are you intending to changed loan DD over to new account and then cancel it? Nice thinking if so and I hope it works!