DMP not working

desparatelysinking

I have been on a DMP with CCCS for 2 years next month paying £224 a month and am actually just as much in debt as I was. Everyone has frozen or seriously reduced my interest except my Halifax CC which is by far my main creditor which means my balance has went up a lot with them as I'm not covering the interest and down with everyone else meaning overall I'm a few pounds off what I started with nearly 2 years ago.
I have tried all the freeze interest letters numerous times from the great advice on here but no luck. CCCS just said once they pass it to a DCA I'll probably have a better chance but 2 years on its still not been sold on. Any ideas on what I can do to either get interest reduced/frozen or get it sold on to DCA as at this rate I'll be sitting here still in 20 years time no better off.
Also my mum says she could probably lend me £5000 but I would have to pay her back at the same amount as I pay to my DMP so it would need to clear all my debts for me to be able to give her that amount. My debt is £11400 all with original creditors except Moorcroft have approx £3000 of it. Do you think I'll have any chance of success there?

Also meant to add that my CCCS payment to halifax is less than the minimum payment so its not that that is making them add this interest still. Any advice really welcome as I don't know what else to do.

desparatelysinking

Shamelessly bumping my own post.

Any help at all will be greatly appreciated. I really just don't know what else to do. I can't carry on like this forever

GeorgieFTB

Sorry I don't really have any advice, a friend of mine was in the same position as you, tried every letter going. They even threatened bankrupsy as they are 'not getting any younger' Well last month that happened so Halifax are getting 2p in the pound back.

One nicer note, once you have paid off the other nicer debts that have frozen interest then all your £224 will be going to pay them off. I think if they are doing this to everyone then all MSE'rs should poke their tongues at Halifax branches!

Gx

dancingfairy

As far as I can tell you have 3 main options:
1) stop paying them and wait for them to hopefully sell the debt on (and hope the debt collectors are better)
2) write a snotty complaint letter to them - pointing out that it is not fair to continue charging interest, a lot of your other creditors have stopped interest, it's an unfair relationship - they're keeping you in debt, you were a loyal customer for x number of years, they're unduly putting pressure on you by not stopping charges/interest etc. Reiterate that you want charges and interest stopped and you want all charges returned. Perhaps have a google for debt colection practices I think the OFT have issued guidlines so you may want to quote some of them. As it is a complaint letter there have been suggestions on here that it goes to a different department who have more power to deal with things. If they don't respond or fail to respond in a satisfactory manner then you have the right to refer the case to the ombudsman. I do not know how succesful the ombudsman is at intervening and getting in interest and charges stopped but it is obviously worth pursuing. As far as I know you have to exhasuted the internal complaints procedure first and going to the ombudsman is not a quick fix as they are pretty busy and it can take a while for them to investigate your case.
3) the other options is to start looking at full and final settlements of course - perhaps start with the biggest debt and a small payment and then perhaps you can settle in the middle somewhere with them?

Best of Luck
df

desparatelysinking

GeorgieFTB I never even thought of that. Obv once my other creditors are gone Halifax will get more so at least there's some sort of light at the end of the tunnel.

Dancing fairy, just a couple of questions if you don't mind. Please excuse my ignorance cos I'm not really sure on a lot of things.

Firstly if I stopped paying would they not just take me to court for a CCJ and then I'd have to pay. Secondly I could hopefully manage with my mums help to pay F&F's but would entirely depend on what amount they would settle on. I don't think they'd be that willing to settle would they if they are mostly original creditors.

Thanks very much to you both. Its like a weight lifted even just to write this down.

dancingfairy

I'm not up on settlement offers to be honest - it's worth a try though - if they say no then hey - nothing ventured.... etc and they will just have to continue to take what you offer them each month. I believe National Debtline has some info on making offers to your creditors - just remember to do it all in writing and make sure that they will not chase you for the rest of the debt or pass it on to someone else who will chase you for the remainder.

With regards to not paying and waiting for them to pass the debt on, yes taking you to court is possibly then going to be more likely. I don't know what the rule with regards to adding interest etc with CCJs but I know that you can ask to pay in installments (if a CCJ is granted) and have heard of people being made to pay the same amount by a judge that they were paying under their payment plan - do check out what the situation is with regards to interest etc though as it may be a route to explore.

You could always do a CCA request on them to check they have the required paperwork as if they don't then you can use this as a defence if they did take you to court. I'm not up on the procedures etc but again it's worth looking into. Also if you were in a position where having a CCJ would affect your job then I believe that as long as you pay within 28 days of the judgement then it's not recorded as a CCJ.

The trouble with some of these methods is that some are not recognised by CCCS -they don't like to get into the legalities of whether you do/don't owe money and whether the paperwork is correct etc and also I guess the poing of going through CCCS is so you don't have to deal with it so it could be bit tricky trying to negotiate with your creditors while still using CCCS (if you see what I mean) but it's still possible but you may find that CCCS aren't able to help much or may even suggest you take over the organisation of everything yourself - which it sounds like you are capable of doing now

Best of Luck whichever route you go down.
df

Mrs_Arcanum

Write to them again quoting The Lending Code, Section 9. [FONT=&quot]Legalbegals link This was the only thing that worked with one of my debtors.

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beliver

Do you have any assets if not balls to them
No assets put you in pole position
Keep telling your creditors this.
Go on self dmp do a new income and expenditure
No creditor will pay to do a cc j if there's no assets
If they do they will be doing you a favour
Mainly tho if you have no assets.
They have to except payment as part payment
However small has to be at least a pound

Hannah_10

Beliver creditors have CCJ'd people without assets before now.

jackiehen_2

desparatelysinking wrote: »

I have been on a DMP with CCCS for 2 years next month paying £224 a month and am actually just as much in debt as I was. Everyone has frozen or seriously reduced my interest except my Halifax CC which is by far my main creditor which means my balance has went up a lot with them as I'm not covering the interest and down with everyone else meaning overall I'm a few pounds off what I started with nearly 2 years ago.
I have tried all the freeze interest letters numerous times from the great advice on here but no luck. CCCS just said once they pass it to a DCA I'll probably have a better chance but 2 years on its still not been sold on. Any ideas on what I can do to either get interest reduced/frozen or get it sold on to DCA as at this rate I'll be sitting here still in 20 years time no better off.
Also my mum says she could probably lend me £5000 but I would have to pay her back at the same amount as I pay to my DMP so it would need to clear all my debts for me to be able to give her that amount. My debt is £11400 all with original creditors except Moorcroft have approx £3000 of it. Do you think I'll have any chance of success there?

Also meant to add that my CCCS payment to halifax is less than the minimum payment so its not that that is making them add this interest still. Any advice really welcome as I don't know what else to do.

im in dept with the halifax and it took 2 years then they sold dept on to someone but they are the worst for letting u of interst i found

beliver

Hannah_10 wrote: »

Beliver creditors have CCJ'd people without assets before now.

yes this is true but lets face facts here no assets it is unlickely
is it not,if they go down that route no dca will lets face it rock the boat when you have no assets as they have nothing to gain do they ?