DMP Mutual Support Thread (Part 6)

Toffee_Penny

catwoman150 wrote: »

I need a bit of advice. I pop along here every so often to read up and to post sometimes. I have a citicard with a large balance on it. I had set up a regular payment with them, that they have accepted last november and now they have passed the debt onto Moorcroft debt recovery. I have heard this company can be bad :eek: :eek:. I pay everyone at the begining of the month, so I have already paid citicard this month. Moorcroft would like me to pay them this month as well. :mad: Well I just don't have the money to pay them as well this month. Then they want me to pay about a half of what I would be paying citicard, again which I don't have. I said that I would have to get back to them, to see if I was able to pay anything. They then said that I would have to go through the conversation again and it depends on the person that I speak too, to make a decision on how much they want me to pay them as they have threatened legal action.:eek::eek:
I have just phoned them up and offered them the same as I was paying citi, they have declined that and they would like me to clear the debt within 5 years. So that means that they would like me to pay double what I was paying citicards.
Can anyone give me a little bit of advice on what I can do now. I haven't got a lot of money now as it is the middle of the month.

Hi Catwoman

Moorcroft? the :mad::mad::mad::mad::mad::mad::mad::mad:

DON'T PAY THEM NOWT!

These are one of the biggest !!!!!!!!ters in town when it comes to threatening action over debts that they make you believe they own.

Continue to pay Citicard as they are your creditor. Citicard has just passed your details on to Moorcroft to 'chase' in other words put the frighteners on you so you panic and struggle to pay that little bit more you can't really afford because Moorcroft like many other DCA's tend to forget the legal requirements to take action over debt they supposedly own. That's why some DCA's get too big for their boots preying on the vulnerable and use such aggressive techniques to get you to pay.

Don't speak to Moorcroft, they will tell you all sorts instead send them a £1 CCA request. I doubt they will provide you with the information you require and this is how you know who you need to worry about when it comes to threats of legal action.

Trust me, just google Moorcroft and you will find many many people with the same problem. They were chasing OH for his Halifax card debt since we started our DMP threatening this and that. I never called them and after getting sick of being bombarded with letters full of threats of this and that including the ol' trick of sending a 'Collector' round to the house, I did my research and sent them a £1 CCA request and have heard nothing since.

Until Halifax credit card write to OH and state that Moorcroft legally owns the debt because they have sold it on then we continue to pay Halifax. I know this won't happen because I cca'd Halifax too and they couldn't provide a CCA either!

Knowledge is power Catwoman, so don't let them get you down.


Try this....

Dear Sir or Madam,

Account number:

With reference to the above agreement, I would be grateful if you would send me a copy of the credit agreement, statement of account and notice of assignment.

I understand that under the Consumer Credit Act 1974 (Sections 77−79), I am entitled to receive a true copy of my credit agreement on request. I enclose a postal order (number ) for £1 which represents the fee payable under the Consumer Credit Act.

I understand a copy of my credit agreement should be supplied within 12 working days.

I understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

I look forward to hearing from you.


Yours faithfully,

Toffee_Penny

Daffy

Use this letter and send a £10 postal order to gain details of charges/ppi on your accounts.



Dear Sir or Madam

Account number:

Please find attached to this letter my request for a Subject Access Request for the above account and a postal order for £10 which will cover the information I require.

I await your response.

Yours faithfully,





SAR - SUBJECT ACCESS REQUEST


Re: Account Number -

Name –

Date of Birth –

Address -

In the first part under the Data Protection Act 1998:

Under the Data Protection Act 1984 and 1998, and including the right of subject access under these acts, please supply me with a complete list of transactions and charges including payment protection insurance and other products relating to the above accounts held with you since they were opened.

Additionally where there has been any event in my account history over this period which has required manual intervention by any member of your staff or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention or other evidence of that manual intervention in relation to my business with you.

If you are unable to supply data relating to manual intervention because there has been no such manual intervention then please be kind as to confirm this in your response to this request.

For the avoidance of any and all doubt, I reiterate:

I hereby request that you supply me with any and all historical data in your possession which, in any way appertains to me, including (but not exhaustively) a copy of the original signed executed agreement; statements of account; duplicate statements and/or print outs of all account transactions; all internal and external correspondence sent or received by you including memo’s, logs, notes, screen prints and transcripts; notes of manual interventions such as telephone attendants' notes, copies of stored telephone conversations, internal and external emails; any other information held on any/all types of media in any relevant filing system (microfiche included).

If you have disclosed any information to a third party (with or without my express permission), will you please include details of this in your reply, along with notes of any legal action passed or pending (to include a true copy of default notices, court orders and the like).
Where any information that you provide includes any charges, for example returned payments, late payment fees, and so forth, would you please advise your breakdown of actual costs (liquidated damages) incurred for each charge, and the Term or Condition on which you rely upon to claim such a charge.

I also require that you forward, within the above mentioned time scale, a true copy of the Terms and Conditions that were in force at the time my account was opened, and any subsequent amendments to those Terms and Conditions.

I enclose the statutory maximum fee of £10.00 (number ) to access ALL data held by xxxxxxxx about myself. You should be fully aware of your statutory obligations under the Data Protection Act and that any failure to comply with this request will involve a complaint to the ICO as well as potential legal action.

You have 40 days in which to comply with this request.

This communication has been sent Recorded Delivery so I can ensure compliance on these issues within the legislative timeframes.

Yours Sincerely

Toffee_Penny

Sunshine - Good to hear from you again, glad all is going well with 'bump'

DLB - good to see you're still around, it's always nice to from hear you, not long to go now

Welcome to the 'gang' newbies I did have to look twice at 'Twit Head''s name though, I thought it was a swear word!:rotfl:

catwoman150

Toffee_Penny wrote: »

Hi Catwoman

Moorcroft? the :mad::mad::mad::mad::mad::mad::mad::mad:

DON'T PAY THEM NOWT!

These are one of the biggest !!!!!!!!ters in town when it comes to threatening action over debts that they make you believe they own.

Continue to pay Citicard as they are your creditor. Citicard has just passed your details on to Moorcroft to 'chase' in other words put the frighteners on you so you panic and struggle to pay that little bit more you can't really afford because Moorcroft like many other DCA's tend to forget the legal requirements to take action over debt they supposedly own. That's why some DCA's get too big for their boots preying on the vulnerable and use such aggressive techniques to get you to pay.

Don't speak to Moorcroft, they will tell you all sorts instead send them a £1 CCA request. I doubt they will provide you with the information you require and this is how you know who you need to worry about when it comes to threats of legal action.

Trust me, just google Moorcroft and you will find many many people with the same problem. They were chasing OH for his Halifax card debt since we started our DMP threatening this and that. I never called them and after getting sick of being bombarded with letters full of threats of this and that including the ol' trick of sending a 'Collector' round to the house, I did my research and sent them a £1 CCA request and have heard nothing since.

Until Halifax credit card write to OH and state that Moorcroft legally owns the debt because they have sold it on then we continue to pay Halifax. I know this won't happen because I cca'd Halifax too and they couldn't provide a CCA either!

Knowledge is power Catwoman, so don't let them get you down.


Try this....

Dear Sir or Madam,

Account number:

With reference to the above agreement, I would be grateful if you would send me a copy of the credit agreement, statement of account and notice of assignment.

I understand that under the Consumer Credit Act 1974 (Sections 77−79), I am entitled to receive a true copy of my credit agreement on request. I enclose a postal order (number ) for £1 which represents the fee payable under the Consumer Credit Act.

I understand a copy of my credit agreement should be supplied within 12 working days.

I understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

I look forward to hearing from you.


Yours faithfully,

Thanks for that I was in a little bit of a panic yesterday. I have also googled them and there is loads and loads of forums and messages about them. I have sent the same letter off to them today. I will wait to hear from them. I have had a letter of termination from Citicards, but not to who will be taking over the debt. I will see in time. I have already paid for this month so if I dont get anything from them by the next time I am due to pay I might pay citicards or just send a cheque to Moorcroft and see if they cash it, but that is just over two weeks away so there is time yet for something else to happen. I might phone CCCs and see what they can say about it.

You have cheered me up though

bradfordlad

geoffmr1 wrote: »

Hi again,

I personally wouldn't consider that unreasonable as you are not trying to avoid debt your more trying to consolidate. Usually you wouldn't want to pay off any debt at the full amount as most firms do accept full & final settlements when you are on a DMP, however it's more complicated with HP because technically they can come & take the caravan off you.

If you definately want to keep the caravan then it's worth considering paying it off like you suggested. The only downside is that the credit card APR will be far higher than you are paying on the HP & assuming they don't immediately accept your DMP then that debt will probably rise fairly rapidly.

Evening geoff / everyone else!

Had a bit of a "development" this evening.

Did the CCCS debt remedy online, ad they suggest BANKRUPTCY as our best option!!!!

The only problem (as tempting as it might be) is that my wife works for a bank, and I work for a Financial Services firm so in short we'd probably both be out of work!!

Does anyone think this sound like something CCCS / creditors would go with? :-

I can juggle our budget around to the point where we can pay about £120 a month into "the plan", basing everything on our guaranteed income (it would take 32 years to repay everything at that rate!!!!) - SO we offer token payments to start with. Admittedly, the token payments would be exactly that - maybe £15 a month per creditor.

My job has a cr*p basic, but I SHOULD earn commission each month so I say to them that on top of the token payments each month, I will make a lump sum reduction to the plan every 6 or 12 months of say £4,000. In about 5 years time, we will be receiving another £300 a month, so commit to paying that into the plan at that time.

Bit of a long shot, but....thoughts please?!:rolleyes:

Jakey410

I have decided to take the bull by the horns and phone all my creditors. Have agreed payment plans with two of my largest creditors, which is a weight off my shoulders. And in fact, they were really helpful and friendly and I was quite surprised! I have to really pluck up the courage before I phone and I have 4 more to go – gulp! At least that’s two companies I won’t be getting hassle from – fingers crossed for the rest! I am a bit worried about one of them as I was spending on this right up until a couple of months ago as kept running out of money every month.
I was just wondering – I know that all creditors should be treated the same, but I have another credit card who I owe £710 to and the min payment is £16. I have been advised by CCCS to offer them £9. However, now my DMP is starting, I can afford to continue to pay them their £16. If I did this and not included them in the DMP, would my other creditors find out and would they be really annoyed? It is only £7 we are talking about, which would make no difference at all if split between my other creditors. Would they kick up a fuss about such a small amount? And how would they find out?
Would value your thoughts please.

scouselad1974

Jakey410 wrote: »

I have decided to take the bull by the horns and phone all my creditors. Have agreed payment plans with two of my largest creditors, which is a weight off my shoulders. And in fact, they were really helpful and friendly and I was quite surprised! I have to really pluck up the courage before I phone and I have 4 more to go – gulp! At least that’s two companies I won’t be getting hassle from – fingers crossed for the rest! I am a bit worried about one of them as I was spending on this right up until a couple of months ago as kept running out of money every month.
I was just wondering – I know that all creditors should be treated the same, but I have another credit card who I owe £710 to and the min payment is £16. I have been advised by CCCS to offer them £9. However, now my DMP is starting, I can afford to continue to pay them their £16. If I did this and not included them in the DMP, would my other creditors find out and would they be really annoyed? It is only £7 we are talking about, which would make no difference at all if split between my other creditors. Would they kick up a fuss about such a small amount? And how would they find out?
Would value your thoughts please.

Hi

I wouldn't reccomend paying extra to any of your creditors as they could use it against you, I think they can find out through the credit reference agency.

2spicy

Well, its been another few weeks since we were here. OH is busy in the wilds of the North, working hard to keep his job, and were budgeting nicely.
Its been 6 months now since we started our dmp and we have managed to knock £4100 off the total outstanding ( only another £50,000 to go !!! ).

The DMP has been accepted by all creditors and, we even recieved a letter reciently saying ... thankyou for continuing to make the agreed payments... if we continue to recieve yoru payments ontime, then all arrears on the account will be re-calculated and this will be reflected in your credit score !!! ... Lots of Love MBNA !!!

Well, as they were the ones that caused us most grief in the begining it was quite comical to recieve this letter.

a 30 day trial with Experiian has revieled that no creditor has recorded any defaults against us, dispite the fact we have recieved termination letters and notice of defaults in the post.
MBNA have marked the account as being 2 payments in arrears, but satisfactory (will check this next month and see if it has changed).

everything else was green and showing "0" missed payments which is a result !.

2spicy

geoffmr1 wrote: »

Hiya,

Unfortunately a DMP isn't proof of financial hardship. Seems ridiculous to me but an accepted DMP can actually work against you in some cases. The simple explanation is that your outgoings must exceed your incomings to be in financial hardship (I have two cases with the FOS at the moment, so have had this explained to me). As you are on a DMP it means you may well be short of money but that your incomings are still more than your outgoings.

Having said all that, it doesn't mean you won't succeed if you make a claim under financial hardship. Abbey refunded enough to me to wipe out the debt I had with them, that was still around £400-500 less than I requested but I can wait until after the test case to claim the rest back. Nationwide on the other hand have been a complete bunch of w******. They owe me over 1k in charges but offered £20.

This is an exact reflection of us. We are not in Financial Hardship yet, but Hubby and I sat down and ran through the figures and it was a case of damage limitation. if we hadnt started the DMP when we did, in 6 months time ( around now in real terms ) then we would have been in serious financial hardship and outgoings would have dramatically exceeded income.

Our Damage Limitation worked for us. we now live to a budget, we have enough money to pay our debts off in a realistic time. The recient drop in interest rates have also helped with reducing our mortgage repayments so this has enabled us to spend some money on essential home maintenance. Plus we have no credit cards, no over drafts.

St0lli

Good morning all!

I'm into my 4th month of my DMP and most of my creditors have stopped interest charges except for Halifax and Lloyds TSB. I know a lot of people have advised that things settle down and eventually they will stop these charges but what happens if they don't? Both of these credit cards were taken out years ago so I'm wondering if it would be worth sending off for an SAR?

Obviously I do want to repay the money I owe but they aren't really helping the situation by adding more and more charges and interest.

What to do, what to do........ :rolleyes: