Advice on my Debts and my DMP

beth3735

I haven't dealt with these PDL companies, but when i started my DMP with CCCS i had 11 creditors, some were fantastic to deal with, Lloyds on the other hand would constantly send scare tactic letters, demanding full payment otherwise they will send it to the courts blah blah. The only damage Lloyds ever did was add over £1k of charges and interest on. They didn't even default my account!!

They just like to scare, scare and scare.

May as well call CCCS, but they will tell you to just ignore and slowly these companies will realise your not a soft touch and they aren't getting anywhere so will happily settle on the DMP. Keep strong, don't give them a penny out of the DMP otherwise they will just keep hassling and it will never get better.

HappyMJ

Registering a default is normal. They are just fishing for more money ASAP. It's a threatening letter but bailiffs cannot be instructed until they get a CCJ. The court must also agree to that and if you are paying an affordable amount then there isn't much they can do. If they were to get a CCJ then the court will freeze interest.

midnight_sun

Hi guys. Sorry about the spam, but as you recall, I had a not so nice call from 1st stop.

I have sent them letters advising that they can only contact me via letter only. i had also emailed them advising thay the dmp is active (before I had sent out the letters) this was their response:

Thank you for your email.

Further to our telephone conversation on 23rd January 2013, we have already advised we are not in a position accept a Debt Management (DM). This due to the amount of time taken between entering the loan and approaching a (DM).

We are also not willing to have further communication regarding a debt management, as we have made our position clear.

Should you fail to contact us to discuss a suitable arrangement, your account will be defaulted in due course and court action may be taken against you.

Please note a daily rate of £3.16 will be applied on your account, until a suitable arrangement is made or your account or it is passed to the Legal Department for court action.

Should the matter be referred to court, additional charges will be applied to the account.

Please contact me today on 01253 601 973, to discuss a suitable arrangement.

Thank you

Jared Egan

Account Manager.



I had replied back advising that they can only contact me via email, the Dmp is active, and to expect the money from there, and above, that any correspondence will need to come through in writing.

This was their response:

Thank you for your email

As previously stated, we have contacted step change and they are aware of our position.

I will ensure your account is passed for legal action in due course.

Apart from the standard emails, the next communication your shall receive will be a pre legal letter confirming our intentions. After this you will receive notification your account has been defaulted, allow you 15 days to replay the loan in full. If this is not paid your account will be passed for Legal action.

Thank you

Jared Egan

Account Manager.

Regards 1st Stop

Can they already start court proceedings?! I have spoken to CCCS and rhey advised not to worry, and this should go to a debt collection agency. It's just concerning when they send something like that straight away.
Can they really reject a plan based on the time I took the loan out?

This was taken on the 28th, before the Dmp was even considered. Pricks.

midnight_sun

Update: I have responded back to first stop advising that the DMP will continue asplanned, and the first payment is due on the 1st Feb, and this will continue. I have also reminded them that I will not accept any other form of communication other than in writing.
Can they start legal proceedings as stated in the email?

Any advice would be helpful

laurel48

As other people have mentioned it is just scare tactics to make you pay what you owe in full and as it works with a lot of people who do not know their rights then they are going to try it on. I think the majority of us find it hard to stop paying for debts but it does get easier to ignore as time goes on, you just have to be strong and ignore the calls. If you find it hard just get your mobile to reject the calls automatically.

Not sure if others agree with this but I would stop the email conversation and deal with all correspondence in writing by old fashioned snail mail as I find it easier to ignore their threats that way, with email you are tempted to agree to something you don't want to on the spur of the moment due to it being far easier to send an email than write and end up being harassed on a more regular basis. They also gain nothing by taking you to court when you are already on a DMP as it will cost them to do so and it is most likely the court would continue for the same amount as the DMP plan as you are showing that you are trying to sort out the debt.

It may be an idea to read a few other threads on the board for inspiration and support of how to deal with people like this. Like I say it does get easier but you do have to learn not to get into any discussions with them and just give them your StepChange client number and remind them you are in a DMP with them and that is all.

midnight_sun

Got this lovely text from MH bailiffs (ndr/community payday)
MH Bailiffs: WARNING - 3 days before home visit - if this becomes necessary ADDITIONAL CHARGES will be added to your file. Go to https://www.communitypayday.com & click PAY NOW.

Needless to say, I was less than impressed. responded back advising that they are not to email or text me, that I did not agree to a home visit, and that any further texts like this will be forwarded to the OFT.

This was around 11am. No response Yet...gits..

HappyMJ

midnight_sun wrote: »

Got this lovely text from MH bailiffs (ndr/community payday)
MH Bailiffs: WARNING - 3 days before home visit - if this becomes necessary ADDITIONAL CHARGES will be added to your file. Go to www.communitypayday.com & click PAY NOW.

Needless to say, I was less than impressed. responded back advising that they are not to email or text me, that I did not agree to a home visit, and that any further texts like this will be forwarded to the OFT.

This was around 11am. No response Yet...gits..

Just ignore them...they'll come around eventually.

midnight_sun

Here we go. And this time. The bozos at MH have just shot the charge up!!!!!!!

We have been notified that you have instructed a debt management company/advisory body.

In accordance with the Office of Fair Trading Guidelines on Debt Management:

1. Marshall Hoares are <u>not obliged to accept reduced repayments or to freeze interest suggested by your debt management company/advisor</u>.

2. Repaying the same debt over a longer period of time will <u>lead to an increase in the total amount you have to pay</u>.

3. We are obliged to deal with Debt Management Companies/Advisers only to the extent that they propose a <u>reasonable offer</u>. In the event that this is not forthcoming or that they do not respond to us within a reasonable time frame we are <u>entitled to and will return to corresponding with you directly</u>.

4. Their offers to date have not been acceptable.

5. Full interest and costs will continue to accumulate during the time they negotiate with us.

<b>2.13 of the OFT Guidelines on Debt Management

<i>....collection actions, including default notices and litigation, can ensue and that there is <u>no guarantee that any existing or threatened proceedings will be suspended or withdrawn </u>

Any cheques received from third parties will be cashed and credited against your account but are <u>NOT deemed acceptance of any repayment plan that we have not confirmed as suitable</u></i>.

</b>

By contacting us DIRECTLY to arrange settlement we may be able to REDUCE some of the fees charged. This will speed the process and reduce fees that are 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 <b>TODAY</b> on <b>08433811111</b> quoting reference 17067690 to confirm:

a) the very most you can pay; and

b) when this will be.

This is the <i>most efficient way of ensuring your debt does not increase</i> and is settled.

Please note:

that any offer will need to clear the balance within 6 weeks.

if the offer is sensible, we may agree to freeze interest and charges at 1083.00 if you cooperate and stick to the repayments agreed.

If we do not hear from you or receive a reasonable offer within <b>7 days</b> from your advisor then a door visit will be scheduled to discuss options and collect the debt .

Yours faithfully

Danny Paul

Door Collections

Marshall Hoares Bailiffs

Telephone: 0843 381 1111

HappyMJ

6 weeks...ha..they are having a laugh....

They do not have to accept any offer if they don't want so what they have said is true. They may take you to court to get a CCJ. Then once they get a CCJ they can instruct bailiffs. However, if you attend court the court will only order you to pay what you can afford and trust me...it will be a lot less than your DMP offer.....the court ordered amount will take into account average expenditure on all items such as groceries which is probably double the figure you have on your DMP and you will easily be able to show that you have no excess income.

laurel48

You really do just need to learn to ignore them, every time you respond to their texts and emails they are just going to try harder to make you pay.

MH may want to use the term bailiffs in their title but they are not and have no more rights than what I do as long as you follow the tips in other posts about not letting them into your home.

If you are worried then speak to SC but I am sure they will just tell you to ignore it as they will give up eventually. They just go for the ones that they know are worried as they are easy prey. Be strong, ignore and carry on with what you are doing with SC.