Marshall Hoares - Can they say this

billinghamfan

The have said the following regarding my payments which are sent via CCCS so I don't control the standing order.

Dear xxxx
Thank you for your message.
We are aware that you are working with CCCS to help clear your debt, however we need you to ask them to call us with a reasonable repayment offer in order to FREEZE all interest on your account.
Our number is 0843 381 1111.
Your offer to pay £10.20 per month has been rejected. However any payments made will be added to your file but WILL NOT be recognised as a payment plan nor will we freeze any interest.
We cannot freeze your file from correspondence or charges until an amicable offer has been accepted and a repayment plan has been set up.
Yours Faithfully
Rebecca Franks
Door Collections
Marshall Hoares Bailiffs
Telephone: 0843 381 1111

Any thing I send to them takes 28 days to be received as they are a 'paperless' office. And then it takes around 8-12 days for me to receive a letter according to what they date the letter.

FireWyrm

Bah...you've been quite reasonable and CCCS have told them what you can pay. That's the end of the story. They cant sue you for what they refused in the first place as has been pointed out. If £10 per month is what you have, then that's all they're getting no matter how loud they shout. I really dont think they understand the law here. Write one final letter and say that you're seeking advice and beginning proceedings of your own for harassment. You will be requesting punitive damages from the creditor and a letter of complaint has already been forwarded to OFT. You will not enter into any further correspondence on this matter and you now consider it closed.

billinghamfan

Sent via there online thingy and I will send via letter tomorrow.

thanks alot!!

billinghamfan

Today's reply!!!

Dear xxxx,
Thank you for your message.
You currently owe £1270.8.
Please remember that your original loan was for 14- 28 days ONLY.
You will be incurring additional interest charges on the 05.06.12.
We haven\'t received any information from CCCS regarding your account, please ask them to fax us on 0203 137 0794 with authorization that they may act on behalf of you, as well as the agreement that you have with them.
We cannot freeze your file from correspondence or charges until an amicable offer has been accepted and a repayment plan has been set up.
If you are unable to pay in a one off payment, but you are willing to pay £100 per month starting from this month, we are prepared to FREEZE all interest and charges.
Please confirm the dates that you will be making payment on and whether you wish for us to set this up to take payment automatically?
If you have any questions please don\'t hesitate to call us on 0843 381 1111
Failure to make a payment will lead to ground recovery agents being dispatched to all addresses on file and if no agreement can be reached, proceedings will commence against you in your local county court.
Yours Faithfully
samanthaconner
Door Collections
Marshall Hoares Bailiffs
Telephone: 0843 381 1111

To be honest I am no longer stressed anymore! Note the amount demanded minium payment has gone down by £50 a month in a less than two days.

I have also paid off 2 other debts and currently neogotiating a full and final payment with another creditor!!

Plus I am getting a £12.70 refund from British Rail!! Not millions but every penny counts!

:j

paulmapp8306

Just a note of caution - and not to stress you out.

While a CCJ or court will just throw these idiots out, please be aware they that they do NOT have to freeze interest. CCCS, or any DMP manager can REQUEST it, but the owner of the loan doesn HAVE to freeze it.

There MAY be something saying that a loan sold on cannot have interest added - I seem to recall something along those lines, but I cant be sure either way.

Ultimately while they cant force a CCJ or force you to pay more than you can afford per month, they "could" still apply interest on the account at the rate agreed in the initial contrat.

REALLY hope Im wrong there, and someone can point you and me (for future treference) to anything about interest on DMP debts - but I had a DMP with CCCS for 11 years, and two lenders refused to fereze interest for 2 years before finally giving in - during which time the debt had trippled (was a bank loan and a CC - with the same bank Grrrrr) - but I had to pay the full ammount (well had F&Fs int he end so probably paid what I actually owed int he end).

paulmapp8306

"
One of the most common questions employees of DMP companies are asked by clients is whether or not creditors will freeze the interest on their accounts.
This is an interesting subject because there is in fact no compulsion for creditors to stop the interest on accounts included in a debt management plan. Creditors are entirely free to make whatever decision they feel is appropriate in individual circumstances.
Creditors do however very often agree to freeze the interest on accounts included within a DMP. The main lending institutions are committed to helping people who find themselves in debt and who are doing their best to repay their debts as quickly as they can reasonably afford.
It is in the interests of creditors not to create additional “book debt” by charging interest when it is apparent it may never be repaid. Responsible creditors also want to ensure that those who enter into a DMP can see their overall debt level reducing, thus encouraging them to continue with the DMP payments.
Some dishonest DMP companies will guarantee to clients that the interest will be frozen on their accounts. We suggest that you avoid any such company as they will be misinforming you. The reality is that the decision to freeze interest (or not) can only be taken by the creditors.
The actions of a DMP company are important in ensuring you have the best chance of interest being frozen on your accounts. Simply sending a DMP proposal to creditors may not be sufficient. Proactive DMP companies follow-up with the creditors to negotiate on behalf of their clients and to defend their clients’ best interests.
Even if a creditor does not freeze interest immediately they may agree to do so later. One major UK bank will not consider freezing interest until an account has fallen at least three months into arrears. In such a case the debts in the DMP may temporarily increase, or not decrease very quickly, until the interest is subsequently frozen a few months later.
If creditors simply refuse to freeze the interest on accounts a debtor may need to consider whether a DMP is a suitable debt solution for them. They may conclude that a more formal type of debt solution, such as an IVA or protected trust deed, might be a better option for them. Unlike a DMP, these options guarantee that no further interest will be charged.
For further information about Debt Management Plans please visit the Debt Management Plan Forum. We provide an invaluable resource of accurate DMP information. "

billinghamfan

Oh I'm fully away that they can carry on with the interest but it's the charges that I will dispute.

However I am leaving it for awhile and see what they say.

FireWyrm

They wont be able to add charges and interest indefinitely, because essentially, you would never be able to pay it off. I forget the exact point of law, but there have been cases where a creditor was reprimanded and the debt written off by the court for 'usury'. If they are so stupid as to take you to court, this is a perfectly plausible outcome. You cant just keep kicking people when they're down. More to the point, if they continue to refuse your reasonable requests, you would be within your rights to simply ignore them and refuse to communicate further. No, they do not 'have' to freeze interest, but if and when this does get to court, the judge will look very unfavorably on this whole mess. I dont think you have much to worry about. It depends how militant you're feeling frankly. I might just send them back a letter telling them that since they refuse to be reasonable, you are reducing your offer to £1 per month until they see sense and take what you have suggested.

billinghamfan

Feeling postive and quite militant I will wait and see how they react.

billinghamfan

Immediate reply!!

Dear xxxx,

Thank you for emailing us.



Debt Management

You have confirmed that you have instructed a debt management company / advisory body to act on your behalf.

IMPORTANT NOTICE: As per the Office of Fair Trading Guidelines on debt management:

1. We are not obliged to accept reduced repayments or to freeze interest as suggested by your debt management advisor.
2. Repaying the same debt over a longer period of time will lead to an increase in the total amount you have to pay.
3. We are obliged to deal with such third parties only to the extent that they propose a reasonable offer. In the event that this is not forthcoming or that they do not respond to us within a reasonable timeframe we are entitled to, and will return, to corresponding with you directly.
4. Todate we have not received any acceptable offers.
5. Full interest and costs will continue to accumulate during the time they negotiate with us.

- Any cheques received from third party companies will be cashed and credited against your account but are NOT deemed acceptance of any repayment plan that we have not confirmed as suitable.

If you CALL US DIRECTLY to arrange settlement we may be able to REDUCE some of the fees charged. This will speed the process and reduce the extra interest that is continuing to be added to your debt whilst we deal with your debt management advisor. This is the quickest and cheapest way to resolve your debt.

You can contact us TODAY on 08433811111 quoting reference 7652908 to confirm:
a) the very most you can pay; and
b) when this will be.
This is the most efficient way of ensuring your debt does not increase and is settled.

Please note:
- that any offer you make will need to clear the balance within 6 weeks.
- if the offer is sens ible, we may agree to freeze interest and charges at GBP 1270.8 if you cooperate and stick to the repayments agreed.

We look forward to hearing from you so we can help you achieve a speedy and cost effective resolution to this matter.


Yours Faithfully


[stagename]
Door Collections
Marshall Hoares Bailiffs
Telephone: 0843 381 1111

Oh well there loss.