Full And Final Progress

adm123

** The "Current Monthly" amount was set by CCCS - the original amounts were massively higher which is why I went onto a DMP in the first place. I am now going through a divorce and the house is being repossessed (not listed here as I don't know what the shortfall will be yet). The silly thing is I can just about afford to keep the house but my soon-to-be-ex-wife refuses to leave and the only way I can get her out is by allowing it to be repossessed according to my solicitor. I will put that figure onto the table when it finally is given to me. Because of this I have opted to pay £1.00 to each creditor per month with a full and final offer based on the table below (except the CCJ which I will pay the full monthly amount because I think I have no choice there). **

This post is to show my progress - but I hope it will at least let other people know how certain creditors respond to certain things. Before 20th January (when I made the first full/final offer in writing to each creditor based on a CCCS template) the current monthly amount was being paid and no interest/charges were being applied. Interestingly enough, Alliance & Leicester never accepted the DMP from CCCS so went straight to CCJ - nice!

The Electric bill is from my soon-to-be repossessed house and the account is therefore closed. I am not responsible for the utilities in the box room provided by my parents to help me through this mess.
The Talk Talk bill was one that I am refusing to pay as I requested closure of the account when I left the house (and my soon-to-be-ex-wife) which they neglected to do despite phonecalls and letters on an almost daily basis. I will pay what I owed up that point if/when they manage to disconnect it properly.

My situation may be worse or better than yours, but I am working through it and will share my experiences in the hope that it makes other people have an easier time. Good luck everybody and thanks for reading.

adm123

1. Shoosmiths CCJ (ALPF Loan) £312.46 pcm, £18717.72 total, £3281.56 offered
2. Blair Oliver Scott (BoS/AA Loan) £129.70 pcm, £14834.39 total, £2600.74 offered
3. MBNA Credit Card £123.97 pcm, £13691.57 total, £2400.38 offered
4. Capital One Credit Card £43.04 pcm, £5172.89 total, £906.90 offered
5. RBoS Credit Card £17.22 pcm, £2003.18 total, £351.19 offered
6. Lloyds Bank Overdraft £14.35 pcm, £1092.15 total, £191.47 offered
7. N-Power £0.00 pcm, £709.31 total, £124.35 offered
8. NatWest Credit Card £5.00 pcm, £554.64 total, £97.24 offered
9. Talk Talk £0.00 pcm, £263.28 total, £46.16 offered
11. TOTAL OWED = £57039.13, TOTAL OFFERED £10000.00

adm123

Responses:
1. Shoosmiths - Keep paying the £312.46 or we will take further legal action without notifying you.
2. Blair Oliver Scott - We didn't receive your letter or postal order.
3. MBNA - Give us 35% and we will mark it as partially satisfied for 6 years and not pursue you for the remainder.
4. Capital One - Make us a better offer but no mention of how much.
5. RBoS - We are disappointed in you (exact words). Please make normal payments or £1.00 per month if you cannot afford normal payments. We will review your account in 3 months.
6. LloydsTSB - No reply but got a letter stating that interest and charges are being applied daily (which had not been done for the last 6 months).
7. N-Power - No reply.
8. NatWest Credit Card - Same as RBoS (We are disappointed in you (exact words). Please make normal payments or £1.00 per month if you cannot afford normal payments. We will review your account in 3 months.)
9. Talk Talk - As this was related to charges applied after closing my account they have reset this to zero. However, they passed it onto Buchanan Clark and Wells (BCW) beforehand and BCW want me to pay £24.00 for them processing the debt (even though it was Talk Talk's fault and they have accepted liability and cleared the debt - just not the BCW charge).

GeorgeUK

Unfortunately tables are quite difficult to do on the forum. The only way i have found of doing it is to use white text to make a gap so that things are in columns.

00000000000000000000000000000 Monthly 0 Total 00000 Offered (17.53%)
Shoosmiths CCJ (ALPF) 0000000000 312.46 0 18717.72 00 3281.56
Blair Oliver Scott (BoS/AA Loan) 00 129.70 01 14834.39 00 2600.74
MBNA Credit Card 00000000000000 123.97 01 13691.57 00 2400.38
Capital One Credit Card 0000000000 43.04 000 5172.89 000 906.90
RBoS Credit Card 000000000000000i 17.22 000 2003.18 000 351.19
Lloyds Bank Overdraft 00000000000014.35 000 1092.15 000 191.47
Electric (N-Power) 0000000000000000.00 00001 709.31 000 124.35
Nat West Credit Card 000000000000 5.00 00001 554.64 0000 97.24
Talk Talk 000000000000000000000000.00 00001 263.28 0000 46.16
Total 0000000000000000000000000i 645.74 0 57039.13 0010000.00

I would suggest requesting the credit agreements for all credit cards and loans to see if the debt is actually enforcable. Keep paying the CCJ - you did know you can offer a F&F on this too didn't you?

I would start reclaiming bank charges and creditcard charges too.

adm123

I did try the F/F on the CCJ and was just told they wouldn't accept anything other than the full amount and to keep paying or they will take further legal action without notifying me.

I didn't realise that asking for the credit agreement made much difference and that they just chased you anyway!

I don't have any paperwork related to bank charges etc. as I lost all my paperwork when I left the matrimonial home for the divorce and there is no way I am trying to get back there!! Also, my online access has been revoked for all my accounts due to their status. I do have recent statements but nobody has charged me since I left the house behind (except Lloyds this month - nice, eh, I can't afford to pay you so here is a f/f offer - response: no chance, oh and we are now going to charge you interest and daily penalties)

GeorgeUK

If you need documentation from the banks, you could send a subject access request (SAR - cost £10). This should provide you with not only details of all transactions from the last 6 years but copies of all documentation and correspondence. This should include the customer credit agreements.

It's been too long since i looked at charges, but there is another board here that deals with this.

If the CCA was taken out before 6th April 2007, then it maust have certain terms on it to be enforcable. If they are unable to brovide a copy of an enforcable CCA then payment need not be made, interest and charges cannot be added and i'm sure if you were to put forward any type of settlement offer it would be viewed in a different light if the CCA was unenforcable. Many people here don't make any payments towards an unenforcable CCA though.

suewiththeblues

just wanted to say hang in there-sounds like a nightmare!

i have had the same response from MBNA and am unsure about the partial settlement bit and also about the bit where they say THEY will not pursue the balance

adm123

Heard back from N-Power. They say give us £59.00 per month for a year and we will clear it (which means they are willing to write off 91pence).

I have sent off to everyone again with the new table as Talk Talk (referred to BCW Buchanan Clark Wells) have finally accepted the charges were AFTER I closed my account and they have wiped them. Took 3 months to get them to do this but I am happy they did in the end!!

_______________________________Current 17/02/09
_______________________________Monthly Total OFFERED
Shoosmiths CCJ (ALPF)____312.46__18405.26____3,298.79
Blair Oliver Scott__________129.70__14190.65____2,543.40
MBNA Credit Card_________123.97__13691.57____2,453.95
Capital One Credit Card______43.04___5129.85_____919.43
RBoS Credit Card_____________17.22__2003.18______359.03
Lloyds Bank Overdraft_______14.35___1109.56_____198.87
Electric (N-Power)___________59.00_____709.31_____127.13
Nat West Credit Card__________5.00_____554.64_______99.41
Total_________________________704.74__55794.02___10000.00