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

GibbsRule_No3

Mikon cannot find the group hug, so sending you this. We've all come this far together with our paddles, don't bail out now on us. DMPs are meant to make us have a life, so even if it feels like it will take longer to end, maybe renegotiate how much you send the preditors. Letters are annoying but as we've been there and done that we know it is just a tactic to make us give them money we don't have, so cannot give them.

Treat yourself to doing something you like, eat chocolate, have a soak in a bath, put a good film on, go for a walk etc. Go to a positive place for just a little while.

Mephista

Hi Mikon

Please try not to let this get to you. Everyone here knows how difficult it is and we all have off days when it feels that the desperation is never ending but you know what .........

You're still alive, you have money coming in to pay off the debt, you have food on the table, clothes in the cupboard and people who care. There are many others who have none of these things. We are all here for you. Spill the beans here and then feel a little better that a problem shared is a problem halved.

You have been so much help to sooooooo many people on this site, let us be a little help to you.:grouphug:

GibbsRule_No3

Mikon, I got my first one today :beer: Really a waste of time as it is the one HSBC threatened to send at the end of last year. In the meantime Payplan have contacted HSBC, they have contacted me with a letter agreeing the Payplan money, unless I stop paying the agreed amount. Total waste of time but at least I'm keeping someone from facing redundancy by them sending it. "Wheels on the Bus, go round and round" shame they don't have a driver who knows where they are going. :rotfl:

mikon

Andy D Eyeopener2 Gibbsrule3 Mephista Tedsd

A Big Thank You for your kind words. I think I have just had to much and NEXT just finally broke the camels back.

Eyeopener2 would you send me the template of the letter you sent obviously removing your details.

Tedsd What DCA did they sell your debt too. I was thinking about contesting this as I applied online for the account and did not sign anything. I just wonder if it is an unenforceable account. I don't want to do this but they have really cheesed me off.

I am writing to them to ask why they originally agreed to my reduced payment and 6 months down the line have threatened to off load the debt to a DCA. I am aware that they are not legally bound when they enter a DMP.

I just wonder if it is another tactic to try and get money off me after all what i have not got I cannot give either to NEXT or the DCA.

I guess what worries me is the fact that I may have to go through the process of writing letters again and getting harassed off a DCA. I know I have done this before but it is wearing.

Also the way NEXT write the letter stating that a DCA may call at your home. I am in my letter stating that the context of the letter is threatening and also stating that DCA cannot just knock at your door without being invited. I may ask OFT to look at the letter and give comment. I know they use the word MAY but it still uses a term that is not legally correct.

I am also looking to reduce my monthly payment to CCCS so that we have enough to live on this will certainly ease the problems and frustration. Currently we get to the 23rd /24th of the month and we have no money left. Not good and some months some of our direct debits do not get paid. So I think we need to revisit and recalculate things.

Once again a big thank you and hopefully no more mail over the weekend. On a good note i signed up for some freebies last week and received some free coffee today, times are hard.

Thank You for being there for me I hope I can return it one day :T

Mikon

eyeopener2

Hi Mikon

I will sort out that letter for you, so far the only reply i've had is an acknowledgement, nothing more.

E2

mikon

Thanks eyeopener2.

eyeopener2

Morning chaps

This morning letters;

One from Santander cc saying i'm in arrears (I get one of these every month)

One from Santander loans telling me they are going to default me as I am in arrears
* I would point out at this time that I was defaulted by Santander last year.

This is why I do not become distressed about letters from banks. They don't seem to know what they are doing.

If they wanted to take me to court I doubt they could manage to send the correct form.........

Hopelessly_Hopeful

eyeopener2 wrote: »

Morning chaps

This morning letters;

One from Santander cc saying i'm in arrears (I get one of these every month)

One from Santander loans telling me they are going to default me as I am in arrears
* I would point out at this time that I was defaulted by Santander last year.

This is why I do not become distressed about letters from banks. They don't seem to know what they are doing.

If they wanted to take me to court I doubt they could manage to send the correct form.........

:rotfl::rotfl::rotfl: Good point E2

Happy weekend all

HHx

GibbsRule_No3

Just had a fun conversation with a very nice American gentlman from Metropolitan DCA. I read my DCA letter again that came yesterday and then looked at the accont number they had on the letter, not sure where it came from so thought I'd have a bit of sport with them. Knowing from the amount the correct account number it did refer to and having the letter agreeing to it via Payplan. Got lots of smarmy thank you Ma'ms and sorry for the confusion etc. Wonder if I will now get a letter confirming the mistake? No, I don't think so either. Barclaycard are still charging 6.9% interest a month :mad: so only £104 comes off a month not the £157 Payplan pay them. That could be £500 more off by now if they'd stop.

mikon

tedsd wrote: »

Hi Mikon,

I was with Next and transferred to a DCA - they have been fine - and, if you do have a spot of good luck and come into some money, you will have more chance of a better F & F with them. PLUS - here's some possible good news, did you sign a contract with Next? , not many did.....If not, you have the UE route at your disposal if they don't play fair.

Relax, take some power back, and enjoy your weekend.:)

Ted

Hi everyone,

Following on from my bit of a wobble and your support I am now back up and fighting. I have spent the last few hours reading up about unenforceable action and CCA.

Here is where I stand. Thanks to Tedsd for triggering this train of thought.

I took an account out with Next online and did not sign any Consumer Credit Agreement. Now some months ago NEXT sent me a Credit Agreement and asked me to sign this and I of course ignored them. Obviously their Debt Collection Team thought we need to get a signed agreement. Now if they sell this debt by law they have to inform the buyer of the Debtors details. Now if I have not signed a CA then they are breaching Data Protection by sharing my data with a 3rd Party.

I am now going to write to NEXT to ask them to send me a copy of the original CCA and see what they come up with. Without the CCA my understanding is that they cannot charge me interest or standing charges. If NEXT fail to provide me with a certified true copy of the disputed credit agreement and statements for the account, NEXT will have failed to meet it's obligations under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974.

77 Duty to give information to debtor under fixed-sum agreement

(4) If the creditor under an agreement fails to comply with subsection (1) -
a) he is not entitled , while the default continues, to enforce the agreement and -
b) if the default continues for one month he commits an offence.

78 Duty to give information to debtor under running-account credit agreement
a) state of account, and
b) the amount, if any, currently payable under the agreement by the debtor to the creditor

(6) If the creditor under an agreement fails to comply with subsection (1) -
a) he is not entitled , while the default continues, to enforce the agreement and -
b) if the default continues for one month he commits an offence.

I understand by failing to provide me with the documentation, I requested NEXT has committed a criminal act. I am now of the opinion that you are unfit to hold a Consumer Credit Licence as determined by the fitness test outlined in the Consumer Credit Act 1974 (section 25).

25 Licence to be a fit person
(2) a) contravened any provision made by or under this Act, or by or under other enactment regulating the provision of credit to individuals or other transactions with individuals.
d) engaged in business practices appearing to the Director to be deceitful or oppressive, or otherwise unfair or improper (whether lawful or not)

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the Credit Consumer Act 1974 and therefore is a complete defence to any court claim that is issued.

I will update you on the response of both breaching the Data Protection Act and the CCA.

Lets Rock & Roll with NEXT.