DMP Mutual Support Thread (Part 6)

cocker100

icecube2009 wrote: »

Can anyone give me some advice please. I have been on a dmp since May last year all going fine all accepted reduced payments ecxect LLoyds TSB (which i hear is normal) anyway got a letter from a solicitor this morning on behalf of LLOyds saying I have 14 days to pay the amount of £580 (this is just an overdraft on my bank account, andis only there because they continued making my credit card payments from my account once I went on the dmp) they will take legal proceedings against us...I am really worried now, what should I do? I dont have £580!

Hiya,

This is a typical threat o gram from the losers at Lloyds. Is it from Sechiari, Clark & Mitchell by any chance. (Or SCUM as they are better known on here!;)) If so, then they are Lloyds in house legal team who pretend to be a proper firm of solicitors, when in fact they are based in the same office as the Debt Recovery Team in Brighton.

They are only trying to pressure you into paying more and I would think that they are bluffing. After all, you are paying all you can through your DMP.

Have you tried to reclaim any of the charges back from Lloyds for this overdraft? I know that the Bank charge reclaiming case was lost, but have a read through Martins new guide as all is not lost. If Lloyds were adding to your overdraft by taking payments that they knew would make you further overdrawn, then they have acted unfairly and you could still challenge them and ask for them back. This would at least reduce the amount owed.

Even if they do decide to take court action, all is not lost. You can still fight it using various defences. Also remember they cant make you bankrupt for a debt less than £750. Even if you lost, the court would not make you pay more than you can afford and would possibly be less than what they are getting now. Lloyds know this, so would be foolish to attempt collection through the courts.

Have they issued you a default notice for this account. If it is defective in any way then they are screwed anyway! (But that is another story!;)) Search for "Invalid Default Notices" and you will see why. It is pure gold dust!!!:D

Chin up!

Cocker:)

sherb1e

Hi All,
can I ask a question? Since being on the DMP with payplan, does our name go up in lights somewhere with debt agencies as loads seem to come out of the woodwork that we've never heard of. Are they chancers just trying it on? Or is our debts really that bad and we've been ignoring them for way way too long!
Regards
Sherb

scouselad1974

Hi Everyone

I hope you are all enjoying your weekend so far !
I have today received a letter from Next Directory, I have been paying them a reduced payment via CCCS since June last year and they have been good enough to accept it and freeze interest.

Todays letter states that to enable them to process the reduced payment plan and to continue freezing interest they require my signature, they have also sent a copy of my credit agreement which they have asked me to sign and return.

Now call me sceptical but the fact that they have sent these documents obviousley means that they haven't got a signed credit agreement ? and I get the feeling that if I was to return them as requested then my account would be sold to a DCA as soon as the next agreed 3 reduced payments have been made, that would be one year into my CCCS DMP.

Now how should I respond to this request, obviousley I don't want them to stop accepting my reduced payments and start charging me massive amounts of interest again, but I don't want to sign the credit agreement so that I have something to bargain with in the future should they turn nasty.

Thanks

icecube2009

cocker100 wrote: »

Hiya,

This is a typical threat o gram from the losers at Lloyds. Is it from Sechiari, Clark & Mitchell by any chance. (Or SCUM as they are better known on here!;)) If so, then they are Lloyds in house legal team who pretend to be a proper firm of solicitors, when in fact they are based in the same office as the Debt Recovery Team in Brighton.

They are only trying to pressure you into paying more and I would think that they are bluffing. After all, you are paying all you can through your DMP.

Have you tried to reclaim any of the charges back from Lloyds for this overdraft? I know that the Bank charge reclaiming case was lost, but have a read through Martins new guide as all is not lost. If Lloyds were adding to your overdraft by taking payments that they knew would make you further overdrawn, then they have acted unfairly and you could still challenge them and ask for them back. This would at least reduce the amount owed.

Even if they do decide to take court action, all is not lost. You can still fight it using various defences. Also remember they cant make you bankrupt for a debt less than £750. Even if you lost, the court would not make you pay more than you can afford and would possibly be less than what they are getting now. Lloyds know this, so would be foolish to attempt collection through the courts.

Have they issued you a default notice for this account. If it is defective in any way then they are screwed anyway! (But that is another story!;)) Search for "Invalid Default Notices" and you will see why. It is pure gold dust!!!:D

Chin up!

Cocker:)

OK thanks, its obviously not my day today just got round to opening the rest of my mail & have another one from a debt recovery agency, 'BRECON' acting on behalf of next directory, demanding payment for the £724 I owe them, even though next had accepted my dmp! what should I do with this one?

icecube2009

scouselad1974 wrote: »

Hi Everyone

I hope you are all enjoying your weekend so far !
I have today received a letter from Next Directory, I have been paying them a reduced payment via CCCS since June last year and they have been good enough to accept it and freeze interest.

Todays letter states that to enable them to process the reduced payment plan and to continue freezing interest they require my signature, they have also sent a copy of my credit agreement which they have asked me to sign and return.

Now call me sceptical but the fact that they have sent these documents obviousley means that they haven't got a signed credit agreement ? and I get the feeling that if I was to return them as requested then my account would be sold to a DCA as soon as the next agreed 3 reduced payments have been made, that would be one year into my CCCS DMP.

Now how should I respond to this request, obviousley I don't want them to stop accepting my reduced payments and start charging me massive amounts of interest again, but I don't want to sign the credit agreement so that I have something to bargain with in the future should they turn nasty.

Thanks

I had my reduced payment accepted by next & interest stopped too, been fine for about 10 months then today I get a letter from a debt agency saying next have now instructed them to recover the debt, dont know what to do!

scouselad1974

If you have a look at my post it seems that Next maybe getting rid of a bit of bad debt before the end of the tax year.
Sign into your account with CCCS and fill in the section to show that your account has been passed to a DCA, CCCS will then forward your payment proposals, you needn't do anything.

icecube2009

cocker100 wrote: »

Hiya,


Have you tried to reclaim any of the charges back from Lloyds for this overdraft? I know that the Bank charge reclaiming case was lost, but have a read through Martins new guide as all is not lost. If Lloyds were adding to your overdraft by taking payments that they knew would make you further overdrawn, then they have acted unfairly and you could still challenge them and ask for them back. This would at least reduce the amount owed.




Cocker:)

No i havent, i did try with my natwest bank charges as they were more than my overdraft but was turned down flat so hadnt bothered with lloyds, I am having a really tough time of it lately, job is awful, i feel physically sick every morning when I have to go (treat me like dirt!) but have to go as cannot afford not to, my dad dies a few months ago too and am suffering health problems (waiting for hospital appointment) so was pleased that all was relatively quiet on the debt front, but now feel like its all getting on top of me again

icecube2009

scouselad1974 wrote: »

If you have a look at my post it seems that Next maybe getting rid of a bit of bad debt before the end of the tax year.
Sign into your account with CCCS and fill in the section to show that your account has been passed to a DCA, CCCS will then forward your payment proposals, you needn't do anything.

I dont understand what you mean about signing into my CCCS account, I didnt know I had one on line! I always ring them

cocker100

scouselad1974 wrote: »

Hi Everyone

I hope you are all enjoying your weekend so far !
I have today received a letter from Next Directory, I have been paying them a reduced payment via CCCS since June last year and they have been good enough to accept it and freeze interest.

Todays letter states that to enable them to process the reduced payment plan and to continue freezing interest they require my signature, they have also sent a copy of my credit agreement which they have asked me to sign and return.

Now call me sceptical but the fact that they have sent these documents obviousley means that they haven't got a signed credit agreement ? and I get the feeling that if I was to return them as requested then my account would be sold to a DCA as soon as the next agreed 3 reduced payments have been made, that would be one year into my CCCS DMP.

Now how should I respond to this request, obviousley I don't want them to stop accepting my reduced payments and start charging me massive amounts of interest again, but I don't want to sign the credit agreement so that I have something to bargain with in the future should they turn nasty.

Thanks

Hiya,

DONT SIGN IT!!!

Virtually all pre 2007 Next agreements are unenforceable!!!:D Next know this, theat is why they are always so keen to accept DMP payments.

They dont need your signature to accept any repayment plan, it is merely a smokescreen. If you did sign a new agreement, then they would use it to recover the full amount of the debt.

If they dont have a valid credit agreement, then how can they add lawful interest to the account??????;) This is the best bargaining tool you can use in future.

Let them sell to a DCA, it is the better option. Most DCA's will accept your DMP payment, especially if they know they are aware that the account would be unenforceable in court.

Have you sent a CCA request yet? If not, then I think now would be the best time to do so.

Cocker:)

icecube2009

icecube2009 wrote: »

I dont understand what you mean about signing into my CCCS account, I didnt know I had one on line! I always ring them

O I just looked at the site, and found the DMP log in bit, didnt realise I could do this! thanks