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Confused and very scared

Hi all...I am so down at the moment, I can't eat or sleep through worry. We were trying to sort our credit files out and I think I've made a huge blunder.
We had been in a DMP for five years with spectrum, this finished in Jan. I contacted the various DCA's to ascertain where we stand and actually who they are and what paperwork they had.

After sending SAR request to one they sent back screen shots of various payments made by spectrum, but no Defaut notice or notice of assignment. I wrote back to them saying I need a copy of my default notice and they sent back 2 letters dated the same day, the forst being that they did not have the default notice as we had defaulted before they took the account over and that I should contact the origanal creditor, but the second was a notice that they were preparing papers for me to go to court!!!!!!!!!
The second letter said I had 14 days to respond with a payment of over 4 grand, I am not working and my DSA allance has just stopped, we are struggling at the moment until I start work, what can I do??? Anyone??? I'm so worried its unbelievable :-(:(
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Comments

  • Hi, I didn't want to read and run but there will be some very knowledgable people along shortly with some good advice. HArd as it is to believe, its not all blackness and there will be things you can do to regain control. Try not to panic, sit and have a cup of tea and wait for the clever people.
  • x_Kaz_x
    x_Kaz_x Posts: 46 Forumite
    Eighth Anniversary
    First of all, take a deep breath and have a virtual hug. Worrying about it won't change things one way or another (I know, easier said than done lol).

    I'm not one of the experts either, but I would think that it is possible that they are using scare tactics to try to get you to pay up. Even if they do take you to court, if you have no income coming in, the judge can't force you to pay with money that you don't have.

    Maybe if you post up an SOA we would be able to see any where to help.
  • when your DMp finished, did you think you had paid off all your debt?
    Have you been receiving regular updates from Spectrum?
    I am presuming Spectrum are a fee paying DMP provider, so do you know how much you've paid them in the last five years?
    I think you have to go and get all your credit reports from all three CRAs and check where you are with each of your debts. Then a bit of arithmetic to find out where the money has gone.
    More than Two Years in

    Doing it the Niddy way:j:j:j

  • misstasty
    misstasty Posts: 105 Forumite
    Hi Thanks all,

    No we have been out of the country, and in the time we've been away spectrum have been struck off for misleading people. They however somehow have still been taking DD payments and money has been going to the creditors, albeit small amounts. Yes I know its foolish,and we have basically been paying into something that will never rid us of anything, infact we are worse now because of added interest ect but when you are away you cannot access your credit files from a BFPO address. So when we got back we obtained them and had no idea who the companies were or why we had defaults on our files, when spectrum assured us that that would not happen, which is why I stopped the DMP and then contacted the creditors to see what was what, I CCA'd them and then SAR'd this one who is threatening to take us to court. I'm not trying to avoid paying, but I need to know who they are, who the origanal creditors are and have all the relevent paperwork so that we can come to an arrangement. :(
  • x_Kaz_x
    x_Kaz_x Posts: 46 Forumite
    Eighth Anniversary
    It may be worth contacting one of the charitable money advice angencies, like the CAB. Also some local councils offer services for free to set up a DMP, I know that Cheshire West and Chester Council have this free.
  • atush
    atush Posts: 18,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Contact the CAB and the CCCS. Tomorrow. You need help, and for your debts to be frozen or at least the interest lowered.
  • thechippy
    thechippy Posts: 1,938 Forumite
    Who is saying they are taking you to court and for what amount. Who was the OC?
    Happiness, is a Kebab called Doner.....:heart2::heart2:
  • misstasty
    misstasty Posts: 105 Forumite
    The debt is frozen already and has a default status, which is why I wanted all the paperwork from them to enable me to get the default off by offering to increase the payments now that I am not in a DMP...put its all going horribly wrong. The OC is HSBC and the DMC is CL Finance, but they have already said that they do not have the default notice and have said I should contact HSBC for it....but they also sent me the we are preparing papers for court and you need to contact us within 14 days....from their legal dept, both letters are dated on the same day so I am very confused
  • patman99
    patman99 Posts: 8,532 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker Photogenic
    You need to contact someone like CCCS, they will go through it with you and will more than likely set-up another DMP but with one difference, no fees.

    If the DCA take you to Court the Judge will use your SoA to set an affordable monthly payment if you make sure to provide evidence of income/expenditure.
    Never Knowingly Understood.

    Member #1 of £1,000 challenge - £13.74/ £1000 (that's 1.374%)

    3-6 month EF £0/£3600 (that's 0 days worth)

  • fee charging dmp companies who then don't pass their client's money on are SCUM
    DF :grin:
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