DMP Mutual Support Thread - Part 7

sicktodeathofitall

mikon wrote: »

Thankfully MBNA are not one of my creditors. Have you maintained your payments and kept to the amount offered?

I would ring CCCS and speak with them on Monday. Good Luck keep us updated.

Regards

Hi

Yes all payments uptodate, I emailed CCCS as soon as I got the letter. I will let you know what happens.

Thanks

sicktodeathofitall

fermi wrote: »

You're not expected to go there.

Northampton is just the Courts Service bulk processing centre.

If you want to admit the debt and make an offer of payment, then just return the response forms to Restons with your offer and I&E.

Send by special delivery if you are able.

Include a note to Restons that you have also sent a copy direct to the court.

Restons (and similar 'solicitors') have a nasty habit of pretending to the court that they didn't receive any offer at all from you, allowing them to get a 'default' judgement and a silly payment level set.

If after all that the court still orders you to pay something that you cannot afford, or over your current DMP level, don't panic. You can always ask for things to be transferred to your local court to be looked at again.



I informed CCCS when debt was passed onto Restons and they contacted them with the offer of payment, but they refused - hence the court papers!.

I am not sure if to go down the route of the CCA as they state on court papers that it was signed around 2000, is it likely it could be an unenforcable one, or is it just me wishful thinking!!.

Thank you for linking in post 2 of the thread. I will keep copy of that just incase.

Thanks

scouselad1974

Hi Everyone

I hope you are all well today, considering the football results yesterday :mad:

Anyway a quick update on my missing payments to Clarity, basically CCCS have told me this morning that my payments have been sent to Clarity for the past 3 months, they checked the account numbers this morning and everything was fine. CCCS also confirmed that the cheques sent to Clarity have already been cashed, so armed with the cheque numbers and dates of cashing I gave Clarity a call.

They still can't find my payments and are now looking into it, I have to give them a call in a couple of days to find out whats happened :mad:

sicktodeathofitall

Just thinking (as you do) am I to late to go down cca route if I have to answer the courts in 14 days?

Thanks

fermi

sicktodeathofitall wrote: »

Just thinking (as you do) am I to late to go down cca route if I have to answer the courts in 14 days?

If you acknowledge the service online, then it gives you 28 days instead to submit your defence.

Time to do a CCA and CPR request for disclosure of the credit agreement.

To defend a case at this stage however is often not an easy thing to do. The creditor will try to avoid having to comply, and you need advice from those in the know to make the court force them to do so, or back down of course.

Not trying to put you off so much, but you need to know that it may involve many many hours of reading through old threads (here and on CAG), trying to work out what is correct in contradictory advice and posts, and a bit of luck that the right people spot your thread/questions and decide to help.

kbc76

Hi

I'm just considering whether to go down the DMP route and was hoping one of you might be able to answer a couple of questions I have?

Basically, I am in a situation where although I am in a lot of debt (£24,000) I have always made sure that I didn't default on any payments. Most of my debt is on a loan, but there are 2 credit cards that I'm paying minimum payments on (which drives me up the wall!) Anyway, I've recently separated and can see the time coming very quickly where I'm not going to be able to make my payments as my income is pretty shaky at the moment.

I just wanted to ask, firstly, if I take out a DMP will it put a black mark on my credit file? I know that with a low income and high outgoings my credit rating is going ot be pretty rubbish anyway, but I'd hate to put a further black mark on it when I've always been careful not to default on debt repayments in the past.

Also, as I am self employed would I even be able to get a DMP?

If anyone has any answers, they'd be very gratefully received!!

KBC

sicktodeathofitall

fermi wrote: »

If you acknowledge the service online, then it gives you 28 days instead to submit your defence.

Time to do a CCA and CPR request for disclosure of the credit agreement.

To defend a case at this stage however is often not an easy thing to do. The creditor will try to avoid having to comply, and you need advice from those in the know to make the court force them to do so, or back down of course.

Not trying to put you off so much, but you need to know that it may involve many many hours of reading through old threads (here and on CAG), trying to work out what is correct in contradictory advice and posts, and a bit of luck that the right people spot your thread/questions and decide to help.

Thanks Fermi,

I have been on forums for hours today looking through different things. CCCS have just phoned and left me a message to contact them. I have a feeling they are going to say accept the debt etc. Could I do that and then go down the SAR route and get CCJ revoked if it goes through?. I am self employed and a CCJ would be a killer to my business. I have another two creditors who are going down same route so I am going to request a SAR now.

Many thanks for your help much appreciated.

sicktodeathofitall

kbc76 wrote: »

Hi

I'm just considering whether to go down the DMP route and was hoping one of you might be able to answer a couple of questions I have?

Basically, I am in a situation where although I am in a lot of debt (£24,000) I have always made sure that I didn't default on any payments. Most of my debt is on a loan, but there are 2 credit cards that I'm paying minimum payments on (which drives me up the wall!) Anyway, I've recently separated and can see the time coming very quickly where I'm not going to be able to make my payments as my income is pretty shaky at the moment.

I just wanted to ask, firstly, if I take out a DMP will it put a black mark on my credit file? I know that with a low income and high outgoings my credit rating is going ot be pretty rubbish anyway, but I'd hate to put a further black mark on it when I've always been careful not to default on debt repayments in the past.

Also, as I am self employed would I even be able to get a DMP?

If anyone has any answers, they'd be very gratefully received!!

KBC

Hi

Welcome,

A DMP will black mark your credit file, but at the end of the day as you have rightly said low income, high credit, it is likely to be going black already. I am sure somebody more experienced will be along shortly and give you more advice on the credit side of things.

The answer to the self employed route is yes, you can go on a DMP.

Good luck

Triggles

The original creditor must write to you notifying you of the sale/assignment of the debt.

If you get one, be careful to try and work out it is from. Many DCAs use letterheads of the original creditor to produce NOCs that are arguably 'fake' and unlawful.

As if things aren't complicated enough.... LOL

Twit_Head

MRS_A wrote: »

Hello everyone.

I've finally taken the plunge and submitted my debt remedy form to CCCS

How long does it take for them to get back to you normally?

I also asked on the CCCS thread about what happens if you take a drop in income but nobody has replied as yet.

My DH is off work sick and his company sick pay will run out in a few weeks so if he can't go back to work then he'll just get SSP.

According to my results I'll be on a DMP for 10 years - oh joy.

Does anyone have any experience of my creditors and whether they usually accept DMP's or not?

GUS, Additions, Provident, Welcome Finance, Halifax CC and OD, Vanquis?

Thanks

Hi Mrs A
Welcome to the DMP thread for frustrated millionaires!
If you have a drop in income and need to readjust your payments give CCCS a ring (with your new income figures etc to hand) and explain your changed circumstances to them. They will be understanding.
Can't give you a definative answer re: how different creditors will treat you. Most of us here have found there is just no rhyme or reason to it. Sometimes a creditor will be difficult with one person and someone else will have had no problems at all.
And don't worry about the length of your DMP at this early stage (and anyway have you seen how long mine is )
It will all take a while to settle down but then a DMP becomes a way of life.
Hope your other half recovers soon. Look after health and family - you can't replace them with money.

'Twitty'