Anyone organising their own DMP?

gargrave50

dottyanne wrote: »

your welcome, i think i would crack up if i didnt come on here, its a relief to know people are in the same boat as you and we are all trying our best to beat the debt monster!!

Many hands make light work

MyopicMoo

Hi Dottyanne, thanks for the offer of support. It is a big amount (although it does include our HP for the cars). This site has been really helpful.

I sent the following email to the bailiffs:

"

We have received your letter, dated XXX stating that your agent will be "attending...property within the next 7 days to remove...goods to settle...outstanding debt." and that they "may remove without further notice goods including motor vehicles." We are disappointed to note that it makes no reference to our offer of payment made on XXX and can only assume that your letter was sent before the contents of our email, and statement of affairs was noted.

We would like to make it clear that we are not refusing to pay this debt. We have worked out the offers we have made to our council tax arrears on a pro-rata basis, and we have written to all creditors asking them to accept reduced offers. Because of our circumstances, please agree to accept a reduced offer of £XX a month. Our offers of payment have been accepted by both XX and XX.

We would also like to advise your company that we are aware of our rights, and that we will not allow a bailiff to enter our home peacefully to levy on our goods.
We are aware that under the Council Tax Administration & Enforcement Act 1993 (as amended), you can charge a first visit fee of £24.50 and a second visit fee, if necessary, of £18.00. No further visit fees can be imposed. Could you also please note that, although we have the use of a motor vehicle, this is however subject to finance.

For the reason stated above, if your company attempts to seize the above vehicle and/or charge us additional fees to do so, we will consider making an official complaint about your bailiff’s conduct to both the County Court and the Local Authority that instructed him.


We have set up a standing order for the £XX to start from 1st September 2009.

We ask that all correspondence be in writing or by email and therefore would be grateful if you could acknowledge receipt of this email."

I think I will give them a week and then send a follow up if I have heard nothing else.

No other post yet but I am expecting an avalanche anytime soon!

dottyanne

HI, that letter sounds very good, straight to the point and sounds like you know your onions , i just has a lovely 8 am call this morning from whom i suspect is crapquest, i had an arrangement for £25 per month off one CC (approx £760 owing) and last month had to reduce to a fiver as we had no spare money, wrote to advise circumstances and that woould be back to usual amount this month but the phone hasnt stopped ringing !!!!

gargrave50

Morning MM,

I'm afraid I don't have any experience with bailiffs, however as far as I'm aware what you have said in your email sounds fair. Let us know how you get on with this.

Hey dottyanne,

Have you considered writing to them pointing out your right to request communication in writing only, and requesting that they remove all telephone numbers for your from their system? Just a thought to stop the early morning alarm calls:rotfl::rotfl:

dottyanne

Hi Gargrave, no i havent - does this usually work? if you request they dont contact you by phone are they not allowed to?

gargrave50

Dottyanne,

Fire this one off to them

Dear Sir / Madam,

Re accounts ref

I am writing to you to inform that I request all communications to me in writing, and that I receive no further telephone calls from your company.

To continue to contact me by telephone after I have requested you not to constitutes harassment. I require all future communications in writing in order to maintain accurate records, should this account ever become the subject of litigation. I specifically request that you do not telephone me again, and that you 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 to the Office of Fair Trading.

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 an offence under Section 127 of the Communications Act 2003.

I trust I have made myself understood on this matter.

Yours,

dottyanne

FANTASTIC!!! I'm going to get one out in the post today - thanks a lot for that

BlueJeans_2

katchambers wrote: »

Thanks everyone, glad to know I have your support!

Cheesedoffwithdebt - are there really rules about paperwork etc? Do you know what the rules are? It would help if I could quote them something, or if I knew what the rules were, then I could feel a bit braver next time!

Let me know how it goes blue!

Kat x

Hi Kat

We have now rec'ed a letter from Cap One asking for bank statements and payslips. I'm just going to draft a letter saying we will not be sending them to see what happens.

Are you any further forward with them yet?

MyopicMoo

Hi All.

Dottyanne, if they call after you have sent the letter let them know that you are making a log of the calls and will be reporting them.

BJ sorry to hear there seems to be a catch but hopefully it will get sorted out.

So far 6 of the letters I sent last week have not been delivered (or at least not been signed for) - rather pathetic.

Rossendales have not agreed the offer we made them but have at least provided their bank details.

One of the companies that we gave a low offer to have not formally agreed the offer of £3 but did send their bank details, so hopefully they will be happy enough to be receiving something.

Gargrave, how is yours going?

MyopicMoo

A bit of an update now the postie has been:

We have had two more letters accepting our token payments which is great. :j We also got a letter about our PPI claim asking for additional information - so that seems to be going through the process.

On the downside, Newlyn are being vile and say that they want £245 a month rather than £72 we offered. They also said that we were not allowed any spend on phone, internet, mobile, sky, hairdressing, clothes, christmas/birthdays. :mad: I have started another thread asking for advice about this as I want to know the legal situation before I respond. All of these come to a total of £235 and were based on the CCCS figures.

I can't get rid of the phone and internet as I could not do my job without it! Even if we were not allowed anything for these why do they think that they would get all of it rather than a pro-rata cut? Total Barstewards!!!