Without a paddle... support for anyone starting a DMP in 2010 (part2)

mikon

Evening everyone

Just a quick bit of advice needed. I think I have found a golden nugget but need advice. I have found my original Credit Agreement with HFC and when I compared it with a 1 that i previously had I noticed that it has a box which saysThis agreement will only take effect when it is signed on our behalf. Signed ............... Date of Agreement 28/10/2006 It has not been signed by an HFC representative is it enforceable? If not can I claim the money i have paid which is approx £810 back as the agreeement has not been signed? Any help much appreciated.

pure_dead_dopey

:wave::wave:Yoohoo

aaah Mikon, I hate to burst your bubble but from reading Niddy's thread it appears its not what you have but what they have that makes it unenforceable. You probably have your own copy and you probably returned a copy to HFC when you took the loan, its what they asked you to sign and what they did with that bit of paper that counts. You should read Never in Doubt's Unenforcability thread which is always on page 1. Just bear in mind that if you go down the unenforcable route, you would probably have to come out of your DMP as the DMP companies do not allow you to drop out unenforcable debts. I think NiD usually recommends that you do the CCAs first then put what's left into the DMP. You don't get your money back either, you just cease to pay the debt and sit it out until the default drops off your file as if they don't have an enforcable agreement, they can't take you to court and therefore can't make you pay. Sorry if I have rained on your parade.:o

Professor_Pat_Pending

pure_dead_dopey wrote: »

:wave::wave:Yoohoo

aaah Mikon, I hate to burst your bubble but from reading Niddy's thread it appears its not what you have but what they have that makes it unenforceable. You probably have your own copy and you probably returned a copy to HFC when you took the loan, its what they asked you to sign and what they did with that bit of paper that counts. You should read Never in Doubt's Unenforcability thread which is always on page 1. Just bear in mind that if you go down the unenforcable route, you would probably have to come out of your DMP as the DMP companies do not allow you to drop out unenforcable debts. I think NiD usually recommends that you do the CCAs first then put what's left into the DMP. You don't get your money back either, you just cease to pay the debt and sit it out until the default drops off your file as if they don't have an enforcable agreement, they can't take you to court and therefore can't make you pay. Sorry if I have rained on your parade.:o

Couldn't agree more with PDD, am no expert but it is not a particularly pleasant route to go down Mikon and most only take this route if interest is still being applied after say a year.
There is an awful lot of paperwork involved and the CCs play total hardball, we've semi discussed it on here before and most of us were very weary.
However, there are lots of threads on it in this forum. Have a look at those and read up on it. Unfortunately as I said it is a very long drawn out process that you are by no means certain to win. PP

mikon

Thanks for the advice PPD and Professor.

The debt owed is only £115 so I am not to worried. Just thought I would enquire. Now I know I can put it to bed and get on with the DMP. Last week I was worried sick with what was going to happen but thanks to your support and the initial advice given in my early days by the Professor about ringing the creditors and making them aware of the situation has certainly helped.

I know its early days but I must admit that the creditors I have spoken with have been sympathetic and all have dealt with CCCS and in some cases have advised me that they will deal directly with CCCS once the DMP is up and running.

So this weekend I am going to have a stress, worry free weekend. I am planning to send all my creditors the CCCS Debt Plan Notification Letter so that all my creditors will know by next week what my CCCS ref No. is and this is what they all want to know when you mention your going onto a DMP.

So everyone out there have a great weekend and enjoy it I am living proof that you can get through this I know its early days but this week is certainly better than last week.

A BIG THANK YOU TO YOU ALL.. if I could meet up with you all I would buy you all a drink and give the girls a big hug.

Regards

pure_dead_dopey

Have a great weekend Mikon, its great to see the difference in you, itsquite remarkable how quickly you've got to grops with it all and sorted it out. Have a great weekend and chill.

eyeopener2

Nice one Mikon, we seem to be at more or less the same DMP stage. Fingers crossed that all our creditors accept or plans and heres to a debt free future.

E

Hopelessly_Hopeful

Greetings all



Mikon - looks like you are starting to have more ups and downs, yippee. :jYour MSE actions are inspirational, well done. Did you get the kids accounts sorted? I’m with Pure on the CCA, I’d be too worried it would threaten the DMP, stability is my priority!

True – Sorry DMP on hold for a wee while, you are a step closer everyday though so hold in there, it’s all in the right direction. Love the mug and vodka comments. :rotfl:

Pure – Hope your brain has recovered after advanced excel zzzzzzzzzzzzzzz. Really useful to know the CCA stuff, thanks.

Albie, keep your pecker up, big up to you for giving it a go with the exhaust.:T

Fresh, & Regret, hello!

LJM – How are you feeling you poor thing, hope you are still getting the support in.

Andy – I think you are doing the right thing with the Northern Bank.
Nat, are you running around celebrating still? (Sorry I forgot to note my paddle number, please can you remind me)

Vic - well done on the running, very impressive!:A

Paolo - did you get your questions answered?

Julie, - PJ day sounds bliss, I’m hoping to have one next weekend :beer:
Mama - dodgy hugs, hope you are feeling better hun :grouphug:

Ted – love the lengths you will go to avoid the ironing, still tittering at your bank signature,how very true. :rotfl:

PPP – Glad you got started. I was confused as to how CCCS calculated payments, seems to be contractual amount reduced by 30%. Therefore loan will be finished earlier then assume that amount is redistributed to the others.

My new bank account is up and running, woop woop, all on track to start DMP June. Update on Creditors here....

M&S - CC – accepted DMP for one year, stopped interest

M&S – Reserve – accepted , continue interest at 24.9%, DMP is same as I was paying anyway! Going to enter DMP and then write to appeal.

MBNA – CC – accepted DMP for one year, reduced interest to 9% interest so long as they get payment for 12th otherwise invalid. Need to contact them and explain re M&S

John Lewis –CC, accepted DMP for one year, stopped interest

First Direct –loan, accepted DMP one year, no mention of interest.
Asked me to amalgamate all accounts. Only have one! Not heard re CC.

2 others have asked for SOA, going to direct them to CCCS

4 more to hear from!

Text calls to my landland have stopped, great service from BT in sorting that!

My DMP gremlins fetched me a parking ticket and a speeding fine in the same month,:mad: my head’s been all over the place ;-( hope the fog clears soon! :eek: On the whole though plenty of positive news too.

Have a lovely weekend all

HH x

andyD_2

Well done Mikon:j

Good news! water service sent someone out to look at the drains and they got them cleared and it cost me nothing:T.

Having a nice relaxing weekend, weather is beautiful here, going to take kids and dog to beach now. Tomorrow the plan is to plant some pots, im not very green fingered but I do love flowers, so this morning seen some nice pots only 69p each so i got two and a bag of compost for 89p, couldnt pass up a bargin like that:) they will look lovely on my doorstep.

Have a nice one all:beer:

skintoflinto_2

Afternoon Peeps!
Well, I WAS having a good Saturday until Santan..grrr rang again!! :mad:
"Sell the car, madam" "No, I need it for work" "Get a cheaper car, madam" "It's cheap to run" "Get an older car" "It's not new and it could be false economy ie repairs". And on it went.. :mad:
Anyhooo...I came on here and caught up with the thread and it's cheered me up no end so thanks, guys! :T
Well done and good luck to all our fellow DMPers!! xx

freshstart2010_2

Hi me again

Sorry just having a panicky moment!!

Been reading some posts on different forums and some scary stories. My main worry is that the creditors wont accept the DMP as seems small amount that payplan are offering and debt large amount.

Has anyone had any dealings with RBS (main debt) and Cap one? Really dont want a charging order on the house as do have equity but the house is in joint names and debt is mine.

Starting to worry

Sorry for the rant but its nice to have somewhere to rant to!!

xx