DMP Mutual Support Thread (Part 5)

Althea

rcpbiggles wrote: »

Morning all!

I have to say, it's nice to come on here and talk to people that know what we're going through. I have one friend that is on a DMP and another that knows our plans to start one but that's all. Have other people told friends and family or kept it to themselves?

I was wondering if anyone had a suggestion for me - we are opening our new accounts and currently my parents pay a small amount into our account to help me stay at home with the children (it's not mega bucks but does help). Thing is, I don't want them to know we are doing the DMP - how do I explain that I will need them to change the account they pay the money into?!
Help!

Me personally I've kept it to myself - after all, it's my business and no-one else's! The account/bank change was easy, for me, I just said that Lloyds were fleecing me in account charges (true) and I was sick of them taking my money (also true), so I was moving to a bank that wasn't going to do that (ultimately true ). I doubt your parents will think twice about it - everyone knows the banks are just out to get your dosh ... !

2spicy

Here is the letter we sent Barclays

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Reference:- Barclaycard Loan Acc. XXXXXXX – Sort code XXXXXX


Dear Sir / Madam,


I am writing to complain about the number of phone calls I have been receiving from your automated dialler relating to the arrears on the above account.

As explained in my letter to you dated 06/January/2009, due to current financial difficulties I am having, I have sought the advice of “PayPlan” and I am in the process of working out a Debt Management Plan with them. My PayPlan DMP Case Reference is XXXXXXX.

I see from my missed call records, that you have been calling my answering machine up to 5 times a day recently, and I have received calls as early as 08:10 and as late as 20:00 from yourselves. Each time I receive a call, no message is left and on occasions when I have answered the phone, I have been greeted with silence or a recorded message requesting me to contact you (which has been done and I then receive your out of hours service).

I accept the fact I have arrears on my account and I am working to resolve this unfortunate matter as soon as possible but I do not accept you calling my house at all hours, waking my baby daughter when she has just been put to bed.

I have spoken to the Citizens Advice regarding the number of calls I have been receiving from yourself, and have been advised that this is deemed harassment and that you are in breach of the Communications Act 2003 s.127.

Please can you forward me a copy of your complaints procedure

I would appreciate it in future if all correspondence be made in writing to me.

I look forward to hearing from you as soon as possible.

Yours Faithfully

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2spicy

newlywed wrote: »

I've just told family I'm trying to pay off all my cards - tis true and explains why I'm too broke to go on hols

Same here. We are workign to pay our debts off as a matter or urgency. so were not using Credit Cards. Thats the truth and all we tell people.

very_silly_and_scared

I have told my brother and a couple of friends but not my parents as it would worry them sick. Take the advice of others... Just say (as I did about changing banks) that the level of customer service you were getting was rubbish as so you swapped accounts.

If this makes sense I think the reason you are concerned about what they might think is because you 'know' why you're swapping you think it must be obvious- but don't forget that they don't and are unlikely to suspect the truth!!! That's how I felt at the time...!

And July, you're right about the Co-op.... the ethical bank....what a load of rubbish!!!

candygirl

Guess who I've just had a letter off!!!yep RMA.They act as though i've never communicated with them at all:rolleyes: :rolleyes:

msc1977

We've not told anyone except a really trusted friend who works for a building society and has some experience of these things, i felt much better for having told her and the fact that her reaction was a simple 'are you?' as opposed to an 'oh no how have you got yourself into that mess' that i would ex0ect from the majority.
She was extremely supportive and said at least we are acknowledging it and doing something about it before our daughter is old enough to have a concept pf money - this way at least she will see we dont live on credit. The other thing she pointed out to me was the worst that could happen would be a CCJ / charging order etc and that given the state of the housing market now the chances are all the debts would be clear before our house came out of negative equity anyway. She also added it makes sense to have the pants credit rating start now while the housing market isnt moving at all than us keep ticking over and struggling and it happen in 18 months time and last for an extra 18 months.

So anyway i'm glad i told someone and that i got such a positive and understanding reaction - have to say i dont think all our friends and certainly our parents would react like this!!!

very_silly_and_scared

Candygirl....here is the sample letter I used. I sent it to MBNA and included a criticism of RMA (acting on their behalf) on it. I also pointed out that text messages telling me to call them were unacceptable. The letter they wrote in response said the calls would stop but they wouldn't remove my phone number HOWEVER, when I called them last month they have no phone number on file....

I didn't need the second one but you could send that to RMA maybe? They have a fax number on their letters I think?

And RMA are not alone in acting 'in writing' as if they have never spoken to you before. Egg are doing similarly....!


Dear Sir / Madam,

Re accounts ref

I am writing to you to inform that I request all communications to me in writing. I do not want any further telephone calls made to me.

To continue to contact me by telephone after I have requested you not to constitutes harassment. I require all future communications in writing for future Court use. Do not telephone me again – remove any telephone numbers you hold for me from your systems.

Your telephone calls are in breach of the Office of Fair Trading guidelines. If you continue with them after the receipt of this letter, an official complaint, together with a log recording the times and frequency will be passed both to that office and to Trading Standards, For your information, all telephone calls are taped.

This type of debt collection method is contrary to the ‘Administration of Justice Act 1970’. In that it is intended to cause alarm and distress to the recipient. Your methods will not be tolerated. A formal complaint to the relevant authorities will be made.

Take further notice that continued telephone calls after receipt of a request not to call may constitute a criminal offence under Section 127 of the Communications Act 2003.

Communicate in writing and ONLY in writing. Your telephone calls will not be answered.

HOWEVER, CALLS WILL TRIGGER COMPLAINTS TO THE REGULATORY BODIES.

I trust I have made myself understood on this matter.

Yours,
SECOND LETTER

Dear Sirs,

RE: Your Client – Grabbit and Runn Credit Card

I refer to my correspondence of (date) regarding the debt that I owe to your above named client. A copy of this correspondence is enclosed herewith, for ease of reference.

Since making my financial position clear to you, I have been constantly harassed by your operatives, who have attempted to intimidate me into making payments that I simply cannot afford to make, under my present circumstances.

I wish you to know, that I am aware of my rights and that yourconstant telephone calls are a breach of Section 40 of The Administration of Justice Act 1970 and any further incidents of this nature constitute a course of conduct, which is a criminal offence under Section 2 of The Prevention from Harassment Act 1997.

Please note, that whilst I take my obligation to you seriously, I will not tolerate such abuse and if I receive any further telephone calls from your organisation, I will have no hesitation in reporting the matter to The Office of Fair Trading, whom you may be interested to know, are currently encouraging reports of this nature.

I would be obliged if you would kindly acknowledge receipt of this letter and confirm that there will be no further attempts to contact me by telephone. I am entirely happy to communicate with you in writing and would be obliged if you would give my proposals, serious consideration.

Yours faithfully

Etc

candygirl

Thanks hun, they've called 5 times today so far:eek: :eek: .I have ignored all calls but will use the letters thanks

very_silly_and_scared

candygirl wrote: »

Thanks hun, they've called 5 times today so far:eek: :eek: .I have ignored all calls but will use the letters thanks

It doesn't harm to exaggerate the amount of calls you have got from RMA when you write to MBNA either...though it's not like we have to....!

very_silly_and_scared

At the risk of totally dominating this thread today, I have JUST been offered a settlement figure of about 30% by MBNA as I see a few others have a couple of pages back and they have said it will be a partial or 'short settlement'. I obviously don't have it but my brother (bless) has offered me a long term loan so I am considering it but very very worried they will then chase me for the rest....!

For those of you unsure about 'partial' or 'full' settlements this link is to the information commissioner's office (it's guidance for creditors...)http://www.ico.gov.uk/upload/documents/library/data_protection/detailed_specialist_guides/default_tgn_version_v3%20%20doc.pdf. The relevant pages are 17-18 where it shows that it doesn't matter whether the creditor agrees to mark your file as partially settled or settled (apart to from your credit rating, but that's out the window at the moment anyway!) AS LONG AS they agree to wipe the rest of the debt AND that nobody will pursue you for the rest.

There seems to be a lot of confusion over this (even CCCS misinformed me this morning) and the National Debtline guy confirmed this is true and stated that their factsheet/letter is a bit confusing... Fermi has posted on this before now so if she's around she could clarify further maybe?!