Dmp Mutal Support Thread (Part Two)

ilovegreatdanes

hi all,
bowz....had same letter from m+s,in time they just send you statements with no interest but not sure how long they keep doing this.suppose loads of peeps have done same with them re the dmps , so prob think that while we are paying, they will carry on, cos its in their interests as well as ours.
ym....always wondered where you lived.when i win the lottery, am gonna move there cos the weathers always good.
sweety....well done re the charges.
got to do the ironing now so ttfn.
regards, ilgd xx

craftingqueen_2

hi everyone,

Hope everyone is doing ok ,healthwise and DMP. Three days into the school holidays and still hanging in. Weather was Brillant yesterday,but today the rain is back.

Had yet another letter from NEXT,wanting the arrears paid off Now.So far they haven't accepted Dmp.

Reading everyone's post everyday,

cq

BILL_PAYER_3

Ditto to a lot of what has been said about Mercers already. I have been helping a friend who has had problems with unsecured loans & CC debts. Written letters to all creditors, made offers pro-rata to the debts. As letters arrived, done follow-ups. ALL eventually 'fell in' and accepted the reduced offer EXCEPT Barclaycard who passed file to Mercers. In spite of several letters and faxes to Mercers, standard letters come back, never referring to letters sent. When I phoned them, they said they have an 'Authority Form' to be completed to allow a 3rd party to discuss the account (even though they have had letters confirming this). A form was requested and never arrived. Now we have a "we will doorstep...local collector etc". Rang them and complained. Got nowhere, even though cardholder spoke to them, "we wont accept less than 1% of debt p.m." (even though amount is impossible!) I asked why no replies to letters, reply: "we never reply to letters, ALL our negotiation is by phone", so dont expect a reply (even though having the letters you sent may help at some stage)
Rang Barclaycard (just stay on the line ignoring 'key in a/c no.' - If you key in a/c no. it transfers straight to Mercers), eventually someone answers. found someone helpful for a change, who told me "Mercers have to go through all their procedures, unless 1. CAB get involved then B/card pull the file back, or 2. You agree their repayment figure, or (sometimes) 3. Send a Dr's note explaining depression etc caused by the situation and it MIGHT get dealt with by B/card themselves".
Spending next 48 hours watching the doorstep with interest....(27.4%)
Sorry about rant, hope something useful in here.

rayday2

Give me a few minutes think mercers are breaking several rules here let me dig around a while.

Asta la vista baby!

rayday2

Ok first fact Barclays finantially support National Debt Helpline and there advice is DMP and pro rata offers. So you are correct in what you are doing. Also got this info from there site:

OFFICE OF FAIR TRADING CODE OF GUIDANCE

Many activities could count as harassment. It is important to note that 'anything done by a person which is reasonable' when trying to recover a debt, is not considered to be harassment. Both the Office of Fair Trading and trade associations (run by the credit industry) have produced guidance on what activities may be considered harassment and should therefore be avoided by creditors. The following list is taken from the new Debt Collection Guidance for holders of consumer credit licences.
Creditors are warned by the Office of Fair Trading under the Debt Collection Guidance that the following practices are considered unfair.
"It is unfair to communicate, in whatever form, with consumers in an unclear, inaccurate or misleading manner."

This includes:

• letters that look like court claims;
• not making it clear who the company is or what their role is;
• unhelpful legal language;
• not giving balance statements about the debt when asked;
• contacting you at unreasonable times even when asked not to;
• asking you to contact them on premium rate phone numbers.

"Those contacting debtors must not be deceitful by misrepresenting their authority and/or the correct legal position."

This includes:

• claiming to work for the court or be a bailiff;
• implying action can be taken that is not legally possible such as implying they could take your property;
• using a business name or logo that implies they are a government body;
• implying that court action has been taken against you when it hasn't;
• implying not paying your debt is a criminal offence;
• threatening to take court action in England if you live in Scotland or the other way round.

"Putting pressure on debtors or third parties is considered to be oppressive."

This includes:

• contacting you too frequently;
• pressurising you to sell property or take out more debt;
• using more than one collection company at the same time or not telling you when your debt has been passed to another company;
• pressuring you to pay in full or in large instalments you cannot afford;
• making threatening gestures or statements;
• ignoring disputes about whether you owe the money;
• trying to embarrass you in public or threatening to tell a third party such as a neighbour or your family about your debts.

"Dealings with debtors are not to be deceitful and/or unfair."

Examples include:

• sending letters addressed to 'the occupier' or discussing the debt with someone without knowing if they are you;
• refusing to deal with an adviser acting on your behalf;
• not accepting reasonable offers or passing on payments you make;
• refusing to freeze action if you dispute the debt.

"Charges should not be levied unfairly."

Examples include:

• claiming collection costs when the original credit agreement didn't allow this to happen and making you think you are legally liable for the costs;
• not putting the specific amounts that can be added for collection costs in the original credit agreement;
• adding any unreasonable charges.

"Those visiting debtors must not act in an unclear or threatening manner."

Examples include:

• collectors should explain the reason for any visit and give you notice of the time and date they will call;
• they should not visit if they know you are ill or vulnerable and if they find you are unwell or distressed they should leave;
• they should not come in if you do not want them to and should leave when you ask them to;
• they should not visit you at work or somewhere like a hospital.

Also been on the payplan website and they say this, could be of help to you:
If you think a creditor has broken the law or has breached these guidelines- you should first raise it with the creditor or collector concerned. To start this process you will need to gather evidence. The first step is to record the times and contents of visits and calls, and to save any threatening letters. You should then write a letter of complaint informing the creditor that you are aware of the Debt Collection Guidelines and believe they are in breach of these as well as possibly been in breach of section 40 of the Administration of Justice Act. Ask them to stop what they are doing. You must however, tell the creditor how you would prefer to be contacted. If the situation does not improve you can make a more formal complaint against a creditor.

rayday2

OK sorry for the long posts..

Basically Mercers are wrong on a lot of what they are doing, I think you have to fight fire with fire and make your complaints formal I would copy Barclays with it too (they are connected companies). Once companies realise you won't lie over and you know some facts you should get somewhere and they are operating outside or close to the edge of guidelines they are in the wrong!

newlywed

hi all, got worried when I came home and saw the post.

Ge who agreed my DMP and stopped interest have sold the debt on!!! :eek:

But they took off £160 interest charge before they did so the total has gone down - and the letter says they will honour the current arrangements and it will not be affect!!

So that one has now gone down below the 8k mark and is less than before I started the DMP

newlywed

Oooohhhh and its 2005 posts for the 4th star :j

rayday2

Yayy! Now we know lol!

Well done on 2005 posts!

GE is that as in GE Money they sold ours on and the DCA are one of the best I dealt with I just dont remember the name, you always remember the trouble ones lol!

rayday2

Daft me if I read my sig they are now with CL Finance and they have been OK just asked me to keep sending them the money now and have not yet - touch wood - asked for a review.

To be honest I will feel better when all of mine have sold on I think so long as you pay then you are less likely to get a CCJ - just think probably wrong.