A Word Of Advice

10past6

For anyone facing a litigation claim issued by a creditor, should you be on a DMP self managed, managed through a company or charity, DO NOT involve whoever is managing your DMP.

This week alone, I've come across 4 individual cases 2 on the forums, and 2 via PM re members who've involved their DMP agents when faced with a litigation claim.

Allow the DMP agents to do what they're good at i.e. pay your creditors, should you involve your DMP agent, they WON'T become involved in disputed claims, you'll be asked to admit the claim.

Any creditor has a legal right to pursue an “alleged” debt, you as the defendant also have a legal right to pursue the claimant has complied with current legislation laid down by parliament, in rush to seek judgement, many don't, however, admitting an “alleged” debt condenses your rights considerably.

One other point, I was contacted recently re a defendant who had submitted a defence but had no idea re the defence they'd submitted as they'd used a copy and paste text, this is not a criticism, but I need to make the point for anyone facing litigation should you use a copy and paste as a defence, be 110% certain you understand the defence you're submitting, nothing more embarrassing for a defendant than having to explain a defence they don't understand.

The majority of debt court cases are dealt with by District Judges, do not take it for granted a DJ is an expert on Consumer legislation, they're not, it's for a defendant to show what / if any breaches in legislation a claimant has breached.

There are numerous experts on here with knowledge in certain debt issues, we're all here to help, so if in any doubt, ask, ask and ask again

RAS

Given 2 cases I have posted here on today, I would second this.

DMP agents are great BUT they are not able to help you dispute litigation, whether it is a CCJ or Charging Order.

There are people here and on other forums who can provide you with valuable advice which may enable you to fight the legal action against you successfully. Several people on here have done just that.

But the starting point is that YOU must be prepared to stand up for yourself. If you allow the DMP provider to admit the claim, you have lost at first base.

So please check things out on here, particularly if the account was opened a long time ago.

So when those papers arrive, keep calm and come on here.

Numpty_Monkey

Excellent posts by 10past6 and RAS:A:T:T:T

Deep_In_Debt

Great post.

I'm on a dmp with CCCS and have been for a while and they have been great. However, should any legal issues arise, I'd rather post on here for advice.

tealady

I think this needs to be a sticky.

Shoe_Gal

tealady wrote: »

I think this needs to be a sticky.

I second that

pepe2008

Precisely why I am currently making arrangements to manage my own DMP. CCCS have been great, but any real issues have been dealt with by me with the guidance and advice from these Forums.
All my Creditors have agreed apart from the problem one ( 1st Credit ) whose 'debt' is unenforceable and Complaints are in with FOS regaring them and the OC, Citibank.( so they can go swivel!)
CCCS seem to not get involved with anything except paying the Creditors and dont seem to be able to offer specific advice.

Contrary to what some on these forums have experienced, MBNA, Blair Oliver and Scott and Barclaycard ( after some 'persuasion' ) have been very easy to deal with. Lets hope this continues.

Katy83

Just wanted to bump this up - definitely think it should be a sticky.

DarkConvict

Agreed, make this a sticky.

10past6

This requires a wee bump

immoral_angeluk

*kicks thread in the bum, bumping it back up to the top*