DMP & Mutual Support Thread - Part 11

Sazzie23

BeingDebtFreeStartsHere wrote: »

Hope you don't mind me asking Sazzie - what % of your total balance owed were your reduced payments. With SC we'll be coming up to that 1% of the total balance by mid 2016 and the risk of interest being readded. Did they accept the reduced payments with no quibbles??

BDFSH x

No problem answering that, though I did have to hit the spreadsheets to work it out , 0.5% £18 on debt of £3500.

I can't actually recall what they did about the reduction, I wasn't in a fit state to discuss it so I just ignored everyone and kept paying through SC. I think they threatened to default me :T.....

Sazzie23

muppetscotland wrote: »

Afternoon all. Stuck indoors with an ill child so thought would use my time well!

We have decided to begin a DIY DMP and have a few ccs to include. However we also have 3 loans with RBOS and I was wondering - do we treat them the same way? Would you expect the interest to be frozen on a loan?

We owe them almost £40k and that is by far our biggest debt. Does the amount in question make it more likely they will try and put a charge order on house or something horrible?

Assuming they are all unsecured loans and not secured on the house or anything else, then just treat same as CC. I had a flexible loan (with a different creditor) treated exactly same as other creditors.

Regards charging orders, they are extremely rare to be reported through this thread, I thin they are more likely to be reserved for the people that try to run away without paying. Or perhaps are unable to pay towards their debt. I wouldn't worry bout that possiblity, since even if it did happen, it's a charge if you sell the house, they can't make you sell it.

Oh and I have a mortgage and a secured loan on a very small house, I'm just in a position now where my house is probably worth more than my combined debts. I have considered selling up a few times, but as another nearly semi-centurion I'm also reluctant to end up back at square one in the property market.

Brogden

Sazzie23 wrote: »

Regards charging orders, they are extremely rare to be reported through this thread, I thin they are more likely to be reserved for the people that try to run away without paying.

Wise words . Keep in touch with creditors......phone or letter, whichever you are comfortable with and pay 'something.'

Whilst there cannot be any guarantees, £1 a month with an agreed payment arrangement will mean you are not 'eligible' for the special offer of a CCJ with the added bonus of a charging order :rotfl:.

Those who are in denial or do not communicate or go missing are at risk.....communicators who pay £1 a month are OK .

It's alright getting grumpy about the debts and the predators but this is the line of least resistance and has restored and maintained calm in this household for more than three years

Having said all of this you can get grumpy too now and then :rotfl:.

KID77

Morning All

Noddle credit report updated today and have a few more defaults, the remaining 3 should be on there when I check next month.....hopefully.....

I noticed Robinson Way have done a credit search on us and I think this will be for the MBNA debt but we haven't had anything official from them as yet. Robinson Ways website indicates they dont buy the debt but manage it on their behalf. This doesn't make sense to me as we are paying MBNA each month so why would they pay another company to recover the money in their behalf? I get why they would sell it on completely but a debt that is being paid albeit at a lower amount, why pay someone else to collect?

Does anyone have any experience of Robinson Way? I know that dcas are an inevitable part of a dmp but still nervous about dealing with someone else and dealing with the dca makes me feel lke a criminal :eek:

little_library_lady

January2015 wrote: »

I've just gone through this myself and today a predator sent me what looked like enforceable documentation. I've just been advised on another forum that it's unenforceable. That's £11k of our debt.

Little_Miss_Sunshine wrote: »

Definitely do it - it's just a letter. £22k of ours is unenforceable. Still waiting to hear back about another £16k

Please can you help. I've read through all thread 11 now and I'm still confused about this. Most of my debts (bar two) are pre April 2007. I don't know if I should CCA these debts as I've just started a DMP with StepChange and I'm not sure if they'll want me doing this or if it will impact on the agreements I have in place with the predators. But if I did ask for a copy of the original CCA agreement can someone explain how will I know if the document is enforceable or not? This is what I'm concerned about. They could send me just about anything and I wouldn't know if it was the correct documentation or not as I can't remember what I signed back in 2005 and 2006. Also I've read they can send you out a reconstituted agreement if they can't find the original one - again how do you know if it's enforceable. Do I look for anything in particular on the document?

Thanks x

edited to add: these are the dates of
Next Directory 15 January 1996
Debenhams 5 February 2005
Capital One 29 November 2005
Marks and Spencer [1] 2 October 2006
Marks and Spencer [2] 2 October 2006
Barclaycard 4 January 2007

January2015

little_library_lady wrote: »

Please can you help. I've read through all thread 11 now and I'm still confused about this. Most of my debts (bar two) are pre April 2007. I don't know if I should CCA these debts as I've just started a DMP with StepChange and I'm not sure if they'll want me doing this or if it will impact on the agreements I have in place with the predators. But if I did ask for a copy of the original CCA agreement can someone explain how will I know if the document is enforceable or not? This is what I'm concerned about. They could send me just about anything and I wouldn't know if it was the correct documentation or not as I can't remember what I signed back in 2005 and 2006. Also I've read they can send you out a reconstituted agreement if they can't find the original one - again how do you know if it's enforceable. Do I look for anything in particular on the document?

Thanks x

edited to add: these are the dates of
Next Directory 15 January 1996
Debenhams 5 February 2005
Capital One 29 November 2005
Marks and Spencer [1] 2 October 2006
Marks and Spencer [2] 2 October 2006
Barclaycard 4 January 2007

Definitely go for CCA on all those debts.

They sent me what looked like enforceable documents, e.g. original signature and date and address all matched. I thought that was end of the road for us. I was advised to upload images to another site (called 'all about debt') where there is considerable experience, expertise of challenging these things and they advised me it was unenforceable.

There is a caveat to that - I am informed it's unenforceable, but the credit card company have written to advise me it is enforceable. So I have a journey to make to challenge their assumptions. I am confident with the support and advice I will get that I can challenge.

So....send CCA requests for each account and you may be lucky and they write and admit unenforceable, or they may send a pile of paperwork and say enforceable. Wait and see and tackle each one as it comes.

With the age of the accounts you have quoted I think you stand a good chance of many, if not all, being unenforceable.

Regarding Stepchange - that's why we left and went self-managed - because if debts are unenforceable they are not a priority for us to pay. The only way we could do this was to go self-managed.

little_library_lady

January2015 wrote: »

Definitely go for CCA on all those debts.

They sent me what looked like enforceable documents, e.g. original signature and date and address all matched. I thought that was end of the road for us. I was advised to upload images to another site (called 'all about debt') where there is considerable experience, expertise of challenging these things and they advised me it was unenforceable.

There is a caveat to that - I am informed it's unenforceable, but the credit card company have written to advise me it is enforceable. So I have a journey to make to challenge their assumptions. I am confident with the support and advice I will get that I can challenge.

So....send CCA requests for each account and you may be lucky and they write and admit unenforceable, or they may send a pile of paperwork and say enforceable. Wait and see and tackle each one as it comes.

With the age of the accounts you have quoted I think you stand a good chance of many, if not all, being unenforceable.

Regarding Stepchange - that's why we left and went self-managed - because if debts are unenforceable they are not a priority for us to pay. The only way we could do this was to go self-managed.

Thanks January! We've worked out with balance transfers and what not we've been paying most of our debt for nearly 20 years :mad: When I think about it I could have paid it all off beforehand if I'd known there were organsiations like SC that would help.

Do you think any of our creditors are likely to kick us off a DMP agreement if we write a letter asking for an original CCA?

Also thank you again xx

January2015

little_library_lady wrote: »

Thanks January! We've worked out with balance transfers and what not we've been paying most of our debt for nearly 20 years :mad: When I think about it I could have paid it all off beforehand if I'd known there were organsiations like SC that would help.

Do you think any of our creditors are likely to kick us off a DMP agreement if we write a letter asking for an original CCA?

Also thank you again xx

CCA stands for Consumer Credit Act. You will be writing asking for copies of documentation relating to your agreement(s). This is your right under the Act. Creditors will not kick you off the DMP because you ask for this information. If they even intimated they might you would have cause to complain to the Financial Ombudsman...but don't worry, they just won't do it.

Don't worry. I have been on our DMP for a year now. I used to worry. I panicked at paying £1 per month for a while, I panicked I would get CCJs, I panicked my house was at risk of charging orders. Nothing bad has ever happened. In fact, it's been the most worry free year of our lives for.....well since forever:D

I can see the debt reducing, I can manage the payments, the creditors know our situation and know we are trying clear, not running from our debts. When our emergency fund depleted I just told creditors they were only getting £1 each for a couple of months and they were fine. The important thing is we are always answer letters promptly, we always keep in touch. That keeps them happy.

I have told all creditors I will only correspond with them in writing. That way I have a record of events and I am not worrying who is on the other end of the ringing phone at home. Not one creditor or DCA has phoned us since I wrote and told them I do not give them permission to telephone us.

blisteringblue

January2015 wrote: »

We have just moved to self-managed DMP and I just wrote to all predators and told them they were getting £1 a month for two months. No explanation of why I needed to do this. The financial statement I sent clearly showed I could (theoretically) afford more. All but one accepted with question. The one that didn't is paid less than a tenner a month anyway so I wasn't too bothered.

We've not had one threat of court action. House is fine.

January, you are more badass than me these days :rotfl:

Good news on the CCA, even though I am an equal badass I don't like CCA's though. I don't know, you know you owe the money but are wriggling out on a technicality.

At the end of the day you still owe this money, it will still be on your credit file. It only means the predator cannot take you to court to get you to pay.

Great if you are using this to negotiate F&F, but those who take nonenforceable to just stop paying full stop sorry can't sign up to that.

I have one pre 2007 account, which I could go down the CCA route but they defaulted me right away and I spent the money so they can have it back at the 0% they charge me now.

January2015

blisteringblue wrote: »

January, you are more badass than me these days :rotfl:

Good news on the CCA, even though I am an equal badass I don't like CCA's though. I don't know, you know you owe the money but are wriggling out on a technicality.

At the end of the day you still owe this money, it will still be on your credit file. It only means the predator cannot take you to court to get you to pay.

Great if you are using this to negotiate F&F, but those who take nonenforceable to just stop paying full stop sorry can't sign up to that.

I have one pre 2007 account, which I could go down the CCA route but they defaulted me right away and I spent the money so they can have it back at the 0% they charge me now.

To be honest - I don't know what route we will take with regard to unenforceable. The initial road will be to put payments to that predator on hold whilst we clear the rest. I would like to think I will negotiate a low F&F near the end of our DMP. I think if they wait that long they will accept a really low settlement. I will reassess when the time comes.

I have always thought the same as you - we borrowed, we owe, we must pay it. I am becoming a bit more hardened. This particular card whacked up the interest massively to 24.9% so I think their greediness is, in part, responsible for the extent of the debt on this card. I know they were 'allowed' to do this but it didn't help our situation.

As I say, for the immediate future this debt will be on the back burner. Even if proved unenforceable it is still owed and it would be a six year wait for it to become statute barred. I think I would rather negotiate something once I've got the other debts sorted but really don't know what we will do until we reach that point in time. By that time though, I may have become so hardened with regard to predators that we do just walk away from it.


Me....Badass:shocked: :shocked: :shocked: :shocked: :shocked: :shocked: :shocked: Never