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

GibbsRule_No3

Glad you sound brighter mikon.

eyeopener2

Mikon

Thats the way. The law is there to protect us all. If NEXT play silly !!!!!!s then we can play silly !!!!!!s.

Go for it

pure_dead_dopey

whooaaaaaa Mikon

Please do not go rushing in and if you need to send for a CCA you need to know a few things first

when did you take the next account out? This is verrrrry important
If you took it out online, you may have just ticked a box, which is as good as a signature in some cases.
if you are going to CCA Next, log on to all about forums, you'll need to google it as MSE does not allow it to linked from this site.
Have you got your original paperwork from Next, have a wee look and check the details above.

You also have to be prepared to drop Next out of your DMP and cease paying if the CCA is UE, otherwise they will just ignore you as they will be getting their money anyway.

and Mikon would you know what a fully compliant agreement looks like? I wouldn't and I've been looking at assorted examples for around 7 months, there is a lot of different bits to take into account.
I'm not saying don't do it, I'm saying do it with the proper legal language and the proper advice, you will only get that on all about forums.

Hi everyone, been awol, got a lot on

laters

Dopeyxxx

mikon

PDD your right I need to examine all avenues and do my research. I have come across some cases.


I have been looking at this link and it appears like you say that things are not quite as straightforward as people think and I think.

http://www.legalbeagles.info/forums/showthread.php?t=19082

So I am still going to write and ask for the CCA.

pure_dead_dopey

Whoooaaa again Mikon

The link you posted is originally from 2009, and that is not how it works anymore!!!! law changes constantly as various judges hand down judgements on individual cases, usually described as test cases. There have been quite a few "test cases" for UE and some of them have moved the goal posts a bit, it can be done but it is not easy.

When did you take out the Next account, if it was after April 2007, it does not apply because the law changed, end of.
How much is it for?
ue works like this, if they cannot produce your original agreement, there are certain circumstances where they can produce a "reconsitituted agreement", ie take the info on the agreement from their systems and they don't have to provide a signature in some cases on this.
like I said previously I'm not trying to talk you out of it, I'm trying to get you to realise the implications and the way it works and make sure you take the correct advice. It is very important that everything you send to them is correctly phrased, that it mentions the correct points of law and you ask for the correct thing. that is why I directed you to all about debt, the templates are on there and they are free and niddy will advise you all the way for free, but he will always be honest and tell you if it is worth doing. DCAs are not all bad and usually once its with a DCA, interest is stopped and the account is closed, nothing much changes on the DMP other than the company who CCCS/Payplan pay.
If I were you, the first thing I would do is ask CCCS/Payplan to review your payments so that you know what you are offering to everyone. it sounds as if the payments are too high and hence you are struggling. Please remember that in general prices have gone up massively in the last year, particularly fuel for the car. If they start to play silly !!!!!!s with the payments once you have done this, then you can start looking at UE. Its not easy as I have said before, it works because I have seen it working and I know it does, but it takes a lot of work on your part and you must be prepared to drop the DMP and go for UE, you can't run both because as I said before, even if they do produce an Unenforceable agreement, if you don't stop paying, its all been a waste of time. Please register on all about debt and have a good look around, read everything, ask questions and consult with Niddy before you do anything.

sorry this is a bit manic but still half asleep

Dopeyxxx

mikon

PDD

Thanks for the guidance and info.

I guess I need to rethink. My initial knee jurk reaction was to go down the UE route because they have referred me to a DCA. I want to know why when i have complied and reached agreement with NEXT have they referred my debt to a DCA.

I do not want to come off my DMP as the my other 11 creditors have been relatively quite and compliant. NEXT have just peeved me a little.

I guess i need to review my monthly payment, contact CCCS and advise them that NEXT will be referring my debt to a DCA if I do not pay by the 11th Feb.

PDD is very correct in that when letters are being written they need to be factual correct as the creditors will tear you apart.

Rethink is needed I guess an initial letter to NEXT asking if they will reimburse the service charge and also ascertain why they have referred my debt to DCA. Maybe its all an empty threat we shall have to wait until after the 11th Feb.

On a good note i lost my free item virginity this week. :rotfl:

Thursday received free pack of coffee from a website.
Today received free makeup set for daughter - coupon out of paper
Today received free winter pack for car - coupon out of paper.

I would never have done this a year ago. But you know what I am pleased I got these as they are all items that we will use and for free or the cost of a paper it was worth it, and I did not feel embarrassed either. So I am now looking for more free stuff.

Mikon

pure_dead_dopey

thanks Mikon

Didn't want to put you off but its a big step and you need to know exactly what in involves before you proceed. If next do sell you to a DCA you just keep paying the way you have been, if they don't comply or give you grief, phone the FO and complain because you are in hardship and they are not being reasonable, ie if they add stange charges or interest. This works!!!! I did it with Amex and I got all of the charges returned and £50 compensation!!!! and it only took a couple of weeks. I'm guessing that the Next balance isn't huge, if its under £1500 it is very unlikely anyone would consider court for this, its just not economical!! But they will try to scare you, and that is OK, everybody trys to scare you and even the most clued up peeps get scared, but if you read it all carefully, most times you'll see it is all bluster and fluff and can be safely ignored. get the review organised and get it sorted, and be firm about that too, because the charities remit is not to get the most possible money out of you on behalf of the banks, its to give you peace of mind, while allowing you to pay back what you owe at a rate you can afford, so if they are asking for too much, tell em and fight your corner!!!!

Good luck, it'll be fine.

Dopeyxx

eyeopener2

Can I just say that there has been some superb posts over the past couple of days. The support and guidance that is given, freely I may add, is quite something.

Let's keep going, we will all come through this.

Mephista

tedsd wrote: »

Hi Mikon,

I agree with PDD. My earlier post suggested you save the 'do you have a contract with NEXT, UE ' info in case they don't play fair.

I am not home this weekend, but when I get back I'll check out who the DCA is...but as I said, they have been fine.


As it stands things may be no different than a week ago, you will just be paying someone else and you may in the future be able to negotiate a good F & F......

On another note, I feel I may have totally lost it, and found myself considering darning a hole in my sock this morning rather than buying a new pair! :eek::)

I'm way ahead of you!! I've been darning socks and tops. Anything that needs repaired to make it last longer in fact - make and mend. Its a bit sad and decrepid but you know what? I dinnie care. Keeps those pennies in my purse a little longer:rotfl:

Mephista

eyeopener2 wrote: »

Can I just say that there has been some superb posts over the past couple of days. The support and guidance that is given, freely I may add, is quite something.

Let's keep going, we will all come through this.

Can I just say that I agree with Eyeopener totally. The free informed advice that we are getting on this site is amazing and the support I feel that has been coming from fellow paddlers is quite something. Even though things haven't been quite as bad for me as some others on the site recently, I still empathise and store up all of this useful information for possible need of use in the future. Its great that people even drop on just to say "hi" and let us know they're still around and still fighting.

This is a neat caring little community and I love all you guys for your generous and caring support and giving:D

(Okay you can all get rid of the sick bucket now!!!)