DMP & Mutual Support Thread - Part 11

sourcrates

Scottishmummy wrote: »

Anyway they are now saying they will default - this account doesn't show on noddle or clearscore so probably defaulted pretty early on as it was 2004 we started our dmp. If they default now will it show up again?

Secondly they have now passed the debt on to Credit Solutions. Do we need to do a CCA request to them or can we just send them a copy of the letter from BC saying the debt is unenforceable?

Hi,


I'm not sure from your post if the account has already been defaulted previously or not, they can only default once, so if it has been defaulted already, and it appears again, then its complaint time.


As regards the credit solutions problem, a simple letter stating the OC is in default of your CCA request, and, as no credit agreement exists, you will not be paying them anything.


Enclose a copy of the original letter as proof of no CCA.


That's it, job done.


There is nothing more satisfying than sending such a letter and seeing the DCA squirm when they respond to you.

Scottishmummy

sourcrates wrote: »

Hi,


I'm not sure from your post if the account has already been defaulted previously or not, they can only default once, so if it has been defaulted already, and it appears again, then its complaint time.


As regards the credit solutions problem, a simple letter stating the OC is in default of your CCA request, and, as no credit agreement exists, you will not be paying them anything.


Enclose a copy of the original letter as proof of no CCA.


That's it, job done.


There is nothing more satisfying than sending such a letter and seeing the DCA squirm when they respond to you.

I cannot be certain that it definitely was defaulted by Egg. I would need to go search through a lot of old paperwork to try and find old credit reports.

If it had not been defaulted would it not still be showing on credit reports as it has not been cleared, so should continue to show the payments being made.

Boldhoof

Morning all,

Hope everyone is okay. Not posted in a while, our DMP is ticking along fine. The issue is just had our new Noodle report today and 2 accounts that were partially satisfied are still showing on the open accounts section, not the closed.

PRA Group Ltd has an updated date as 29/04/16 this was partially settled on 16/03/2016
Wescot (Halifax Loan) although Wescot still shows on Noodle as Halifax, has an updated date as 30/04/2016 this was partially satisfied 03/03/16

I have raised a dispute on Noodle, but just wondering if anyone knows how long these take to move from open to closed on Noodle.

Update: Just checked it on ClearScore and they have the Wescot (Halifax Loan) under closed, and new reprt due in 4 days.

Thanks

JMU-95

Hi all. I'd appreciate some help. Husband and I are currently into month 6 of a DMP with Stepchange; all interest has been stopped on all our CC debt which is approx: £24,000. Our DFD is sitting at 2028 (hopefully it'll be paid long before that though).

I've received a letter from M&S entitled:

'Important you should read this carefully. Default Notice. Served under Section 87 (1) of the Consumer Credit Act 1974' This default notice served on you relates to account number xxxx. You have not paid instalments due under your agreement. In order to remedy the breach you must pay the total arrears within 21 days of the date of this notice. Further action may be taken if you do not remedy the breach. Further action referred to above: the company will demand the full outstanding balance and terminate the agreement.'

Basically from what I've read on the forum we want to be defaulted.

However I'm absolutely terrified that they/or someone they sell the debt to, will take us to court and make us sell our home (our children's home) in order to pay back the debt. How likely is this to happen with unsecured c/c debt?

I don't think we can get an IVA or DRO as although our debt is all unsecured, we are both working (admittedly in low paid jobs), we do own our own home and the mortgage will be paid off in full within 6 years. The one thing I will not jeopardise is our home.

Is there anyone else on a DMP who's afraid of being forced to sell their home?

Any advice appreciated.

Puzzcat

JMU-95 wrote: »

Hi all. I'd appreciate some help. Husband and I are currently into month 6 of a DMP with Stepchange; all interest has been stopped on all our CC debt which is approx: £24,000. Our DFD is sitting at 2028 (hopefully it'll be paid long before that though).

I've received a letter from M&S entitled:

'Important you should read this carefully. Default Notice. Served under Section 87 (1) of the Consumer Credit Act 1974' This default notice served on you relates to account number xxxx. You have not paid instalments due under your agreement. In order to remedy the breach you must pay the total arrears within 21 days of the date of this notice. Further action may be taken if you do not remedy the breach. Further action referred to above: the company will demand the full outstanding balance and terminate the agreement.'

Basically from what I've read on the forum we want to be defaulted.

However I'm absolutely terrified that they/or someone they sell the debt to, will take us to court and make us sell our home (our children's home) in order to pay back the debt. How likely is this to happen with unsecured c/c debt?

I don't think we can get an IVA or DRO as although our debt is all unsecured, we are both working (admittedly in low paid jobs), we do own our own home and the mortgage will be paid off in full within 6 years. The one thing I will not jeopardise is our home.

Is there anyone else on a DMP who's afraid of being forced to sell their home?

Any advice appreciated.

Hi,
I am a home owner and have been on a dmp since 2013, as long as you are paying then nobody is going to make you sell your home. Try and read back this thread and the previous one's lots of information, including why we all love to be defaulted! I can't recall any instance of anyone having to sell to pay debts unless by choice.
Puzz.x

Boldhoof

JMU-95 wrote: »

Hi all. I'd appreciate some help. Husband and I are currently into month 6 of a DMP with Stepchange; all interest has been stopped on all our CC debt which is approx: £24,000. Our DFD is sitting at 2028 (hopefully it'll be paid long before that though).

I've received a letter from M&S entitled:

'Important you should read this carefully. Default Notice. Served under Section 87 (1) of the Consumer Credit Act 1974' This default notice served on you relates to account number xxxx. You have not paid instalments due under your agreement. In order to remedy the breach you must pay the total arrears within 21 days of the date of this notice. Further action may be taken if you do not remedy the breach. Further action referred to above: the company will demand the full outstanding balance and terminate the agreement.'

Basically from what I've read on the forum we want to be defaulted.

However I'm absolutely terrified that they/or someone they sell the debt to, will take us to court and make us sell our home (our children's home) in order to pay back the debt. How likely is this to happen with unsecured c/c debt?

I don't think we can get an IVA or DRO as although our debt is all unsecured, we are both working (admittedly in low paid jobs), we do own our own home and the mortgage will be paid off in full within 6 years. The one thing I will not jeopardise is our home.

Is there anyone else on a DMP who's afraid of being forced to sell their home?

Any advice appreciated.

First off don't panic, you are asking in the best place. Our debt was high and all unsecured loan and credit cards, we own our home as well and have a mortgage, I panicked as well but speaking to SC and reading information and posting here helps remove lots of those worries. From the SC Website -
What is an order for sale?

If you have a charging order, you need to keep making some payment to the debt. If you don’t, the creditor could apply to the court for an order for sale. This would force you to sell your house so the creditor can get their money back.
Orders for sale are very rare. In 2013 there were 47,769 final charging orders but only 222 orders for sale in all of England and Wales.
If a creditor applied for an order for sale, there would be another hearing and you would have a chance to explain your situation to a judge. The order for sale will only be granted as a last resort.

The full article is here -http://www.stepchange.org/Debtinformationandadvice/Whatyourcreditorscando/Courtaction/EnglandWalescourtaction/Chargingorder.aspx

We had 6 months of only paying £1 per debt when we first started, then went into a full DMP, debts got passed on to collectors, had default letters. We just kept to the payment to SC and that was it carried on fine.

JMU-95

Puzzcat wrote: »

Hi,
I am a home owner and have been on a dmp since 2013, as long as you are paying then nobody is going to make you sell your home. Try and read back this thread and the previous one's lots of information, including why we all love to be defaulted! I can't recall any instance of anyone having to sell to pay debts unless by choice.
Puzz.x

Thank you Puzz for the reassurance. I've read through the last two threads and think I've sort of got my head round it. The only thing I don't really understand is Charging Orders. Hubby and I are on a joint DMP with SC but none of our debts are joint debt (except the mortgage which is fully up to date). They're all unsecured CC debt in single names only. Our only joint debt is our mortgage which has around £28,000 left. Our home is valued at 150K however unless forced to we will never sell as the land has been in the family for generations.

Anyway thanks for your kind reply.

JMU-95

Boldhoof wrote: »

First off don't panic, you are asking in the best place. Our debt was high and all unsecured loan and credit cards, we own our home as well and have a mortgage, I panicked as well but speaking to SC and reading information and posting here helps remove lots of those worries. From the SC Website -
What is an order for sale?

If you have a charging order, you need to keep making some payment to the debt. If you don’t, the creditor could apply to the court for an order for sale. This would force you to sell your house so the creditor can get their money back.
Orders for sale are very rare. In 2013 there were 47,769 final charging orders but only 222 orders for sale in all of England and Wales.
If a creditor applied for an order for sale, there would be another hearing and you would have a chance to explain your situation to a judge. The order for sale will only be granted as a last resort.

The full article is here -http://www.stepchange.org/Debtinformationandadvice/Whatyourcreditorscando/Courtaction/EnglandWalescourtaction/Chargingorder.aspx

We had 6 months of only paying £1 per debt when we first started, then went into a full DMP, debts got passed on to collectors, had default letters. We just kept to the payment to SC and that was it carried on fine.

Thanks Boldhoof that has eased my mind a little. Hopefully things will go very slowly regarding any possible court action the CC/DC companies may take. I fully intend to pay as much as I can as quick as I can to get it all paid off quickly. I appreciate you taking the time to post x

sourcrates

JMU-95 wrote: »

Thank you Puzz for the reassurance. I've read through the last two threads and think I've sort of got my head round it. The only thing I don't really understand is Charging Orders. Hubby and I are on a joint DMP with SC but none of our debts are joint debt (except the mortgage which is fully up to date). They're all unsecured CC debt in single names only. Our only joint debt is our mortgage which has around £28,000 left. Our home is valued at 150K however unless forced to we will never sell as the land has been in the family for generations.

Anyway thanks for your kind reply.

Hi,

If all your debts are still with the original creditors, then any legal action is EXTREAMLY unlikely, creditors don't have the time or want the trouble to take everyone to court for what amounts to nothing more than a few small credit card debts.

The usual senario is the debts get sold around different DCA's, who will try to collect in full on them, court action is always threatened, it's used as leverage to get more money out of you, but only happens in less than 10% of cases, so quite rare.

Since 2013 when a creditor obtains a CCJ against you, they can apply for a charging order straight away, on a joint mortgage, it would only be a restriction, so an order for sale would not be possible, as said previously, orders for sale are very rare, and you have the chance to challenge the order, at every part of the procedure.

As long as you are paying your DMP, non of the above is likley to happen to you, stop worrying !!!!

Spoonhead88

Quick question, I have some spare cash. Enough to Pay off half one of my debts, should I do it? would it effect my dmp?