New DFW - Learn from my pain!

saltnvinegar

Consumerist wrote: »

You don't miss much, do you?

I try not to

Consumerist wrote: »

It just goes to show what can be achieved if you keep your head while the DCAs around you are losing theirs.

Absolutely!

I know that many DCA's have reported lower profits and margins this year (those that are actually making a profit) and consequently it would seem that they are getting more brazen in their tactics and ignoring guidelines in an effort to stay profitable and make money for their shareholders.

Stay calm and reasonable, and let them dig themselves a hole.

Best

SnV

saltnvinegar

lindann wrote: »

well done snv,

l am taking a leaf out of your comments, that do not get stressed over the daft debt collectors, we have paid one debt to un-reliable collection last september 2010, it my hubbys, JDWilliams.. dispite this we got statements since then asking for payment on a NIL balance. Last week we got a letter threating court for none paying this bill. We was told in a phone call it is an error, it should not happen. Hubby said let them take us to court, see what the judge tells them, if that it does not get thrown out. so well done, xxx good and great advice

we got letter stating this debt has been paid

Hi Lindann

Personally I would send them a letter before action informing them that if they continue their threatening behaviour on a nil balance that it will be you taking them to court!

I would use the Protection From Harrassment Act as the basis for this and you may be interested on the following judgement as a basis for that:

http://www.e-sue.co.uk/docs/lowell_judgment.pdf

Best

SnV

saltnvinegar

Hi All

Well I thought I would do an interim report as a lot has happened this month!

First - AMEX have handed my account to the 3rd DCA in 6 months!

This 3rd DCA have finally accepted my DMP though so that is good news! Not so good news is that they want a review after 6 months but this is normal so I'm not worried about that.

However this should give hope to anyone fighting Amex............

My formal complaint to them regards the previous 2 DCA's conduct has been upheld and despite 'admitting no liability' they have refunded the interest and charges applied to my account over the last 12 months (a massive sum well into the £1,000's!).

:j:j:j:j:j:j:j:j:j:j:j:j:j:j:j

The important thing is to keep all your correspondance with these companies as you will, sooner or later, catch them being very naughty!

Black Horse have defaulted me (after 6 months of adding charges to bump up the account a little and make it more attractive to write off and sell) and immediately handed my account to a nasty DCA called Nationwide who have told me I have to pay the full amount IMMEDIATELY or else.

Errrrm no I don't think so. DMP letter gone off to them so waiting on response.

Lowells are doing what they do best. Despite claiming they adhere to OFT guidelines on their letters (I kid you not!) I already have them on 4 seperate breaches!

And I have had a fishing letter from CapQuest. Good to see that they are getting off to a good start by an immediate OFT breach!

Apart from that a quiet month otherwise on my DMP

Best

SnV

saltnvinegar

Hi All

Quick update on this one!

So responses to my letters - Nationwide DCA have agreed to my DMP.

And on to Lowells. Now I was expecting major fun and games with these guys and was ready for a fight due to the many experiences of other people I encounter.

However to be fair to them, they have agreed to my DMP right out of the gate! I do find it difficult sometimes to reconcile these companies approach to debtors as there is simply no consistency at all. But I am not going to argue!

Just CapQuest and Santander now to get onboard and I will then have 100% of creditors on board!

Best

SnV

Consumerist

saltnvinegar wrote: »

However to be fair to them [Lowells], they have agreed to my DMP right out of the gate!

I suspect that debtors who can demonstrate that they know their rights are beginning to worry them. I think we can hazard a guess that you come into that category.

You're going to wear down the other two eventually. I'm not sure whether I should be feeling sorry for them at this stage.

sal7

An unashamed bump of an inspirational thread.
SnV, thank you so much. It takes an awful lot for me to come out of lurkdom but this thread has done it.

saltnvinegar

sal7 wrote: »

An unashamed bump of an inspirational thread.
SnV, thank you so much. It takes an awful lot for me to come out of lurkdom but this thread has done it.

You're welcome!

Thanks for taking the time to read it!

I'm pleased to hear that the threads helped you in a little way. Very best of luck in your debt free journey.

Best

SnV

saltnvinegar

Hi All

Been a little while since my last update and there have been some movers and shakers on my DMP!

So first onto Capquest - again was expecting trouble here due to their antics with other DFW's but, as per Lowell, have to give them some credit as they have accepted my DMP.

So, to anyone with Shop Direct debt (Littlewoods, Kays etc) it would seem that if you don't fit their 'minimum acceptance criteria' then they will pile up the charges on your account until you default, and then sell the account on to a DCA and get the debt written off.

Santander - have finally now handed my account to a DCA. Another one known to DFW's namely Wescot. DMP letter has gone off to them so I'll let you know how they respond.

Capital One have suddenly decided they don't want to accept my DMP any more, defaulted me, and then gave my account to a lovely behaving DCA called CSL.

After many threatening letters, as well as threats of home visits (depite template letters stating I will not accept home visits etc), I got fed up of them and decided to play hardball and sent a CCA request.

Their statutory time to respond has come and gone by almost a month now, so they are now in default and the account firmly in dispute.

Since then the silence has been deafening!

Hopefully things will settle down completely eventually, but it would seem that the creditor world is a strange one indeed that cannot be predicted!

Best

Crispy

saltnvinegar

Well its been a long 10 months of battling with Santander and trying to get them to listen. On many occasions its felt a lot like this.....

:mad::mad::mad::mad::mad:

In this time I have received over 40 letters from Santander, their inhouse DCA (DMRS) and finally Wescott with all the usual threats, 7 days to legal proceedings, CCJ, Charging Orders, Attachment of Earnings blah blah.

However, I have persevered, and every month I have sent them a letter expressing my disappointment that they had not even had the courtesy of addressing my situation in writing, and that they had disregarded the Common Financial Statement and my financial position.

After collating a massive amount of evidence, including their refusal to even acknowledge my wish to deal with the matter in writing and continue to demand I telephone them I decided a few to sent a letter to their complaints department.

I catalogued their every breach of OFT664 (OFT debt collection guidelines) and also stated that I viewed their refusal to enter into written correspondance a breach of OFT854 (Unfair relationships. Enforcement action under part 8 of the Enterprise Act 2002).

I invited their comments before I made a formal complaint to the approriate regulatory bodies. I also chucked in a SAR for good measure.

So other than acknowledgement of my letter I have received nothing until this morning, and I have received a letter from them saying that they have finally relented and agreed to the prorata payment as per my DMP!!!!!

:beer: :j :beer: :j :beer:

This is exactly the same amount that was offered to them 10 months ago when I first started my self managed DMP!

So Cap1 aside (who have been seen off with lack of CCA and non compliance to CCA request) I now have 100% of my creditors on my DMP!

So the Creditor/DCA merry-go-round/game, at least for the moment, has finally come to an end and hopefully I can now make my DMP payments for the next 12 months or so before starting to offer F&F payments.

It has been a massive struggle to get to this point. Don't even get me ranting on whether creditors treat debtors fairly!

However it can be done, just takes a lot of time, perserverance, knowledge of consumer rights and legislation, as well as a thick skin.

Best

saltnvinegar

Hi All

Well here we are - August 30th 2011

This means that exactly 1 year ago today I made the first official payment of my self managed DMP to my creditors (to those that had accepted, and even to a few of those who hadn't!)

It has been a tough year, however it has been nowhere near as tough as the couple of years that preceded it, before I took the decision to grab my finances by the scruff of the neck, face down my creditors, and take back control.

During this time I have been subjected to some of the nastiest DCA tactics imagineable and treated like dirt. Some creditors (Santander notably) have only just finally accepted my DMP proposal after almost a year of bumping up interest, and harrassment.

I am now in a much improved position than a year ago. I no longer fear the postman every morning, or the telephone ringing.

It has been a struggle, and I'm sure I have more struggles ahead, but life is vastly different (in a good way!) to where I was last summer.

For those just starting out their debt free journeys please do not give up hope. It is possible to sort things out and turn things around, its just that you have to fight your creditors and 'the system' at every step. Stick to your guns and tough it out is the answer.

And this post CANNOT be made without a mention and a huge THANK YOU to this forum (and a couple of others) who have supported me through difficult times.

It has been the collective knowledge and experience that I've found in these places which has helped me deal with my creditors. Forget the CAB, CCCS, National Debtline etc.

Although these are great places to start initially it is only forums like this where you get the whole warts and all view of the 'debt industry' and how to deal with it.

Thanks again. Heres to another 12 months and hopefully paying off my debt mountain very soon!

Best

Crispy