DMP Mutual Support Thread - Part 12

sourcrates

KID77 wrote: »

Hi January

They have sent me a document titled Credit Card Agreement regulated by the consumer credit act 1974.

It's then a list of t&cs with a signature box which has no signature as I would have applied online so a box is ticked instead which I assume is online consent/application.

They have deemed it unenforceable according to covering letter so not sure what is wrong with it, I am going to do some research and see what it should have on it.....

I'm concerned that they have it wrong and may realise....

KID xx

Don`t look a gift horse in the mouth.

If they admit its unenforceable, in writing, then thank your lucky stars, walk away, and concentrate on the debts that are enforceable.

Keep the letter in a safe place for future reference, there really is no point in getting into an argument with them over something that`s already gone in your favor.

Onebrokelady

So I spoke to my creditors yesterday and told them all I am entering into a DMP with SC and they have put all my accounts on hold,I just got a text from Barclays telling me the account is now on hold and I have to update them on my situation in one month,will they class contact from SC as me updating them or do I have to call them again in 30 days myself

KID77

Sourcrates: In your experience an online cca from 2011 should be compliant....they obviously know there is something in the terms that's not?

I would like to settle the account so its closed and done but I don't want to offer more than 10% and surely they would accept that knowing it a unenforceable.... I am going to read back on January's posts as I know she partially settled a few unenforceables so I will see what she managed it for.

sourcrates

KID77 wrote: »

Sourcrates: In your experience an online cca from 2011 should be compliant....they obviously know there is something in the terms that's not?

I would like to settle the account so its closed and done but I don't want to offer more than 10% and surely they would accept that knowing it a unenforceable.... I am going to read back on January's posts as I know she partially settled a few unenforceables so I will see what she managed it for.

Without seeing it, i wouldn't know, you can make settlement offers, but some creditors can be funny, and hold out for silly amounts of money.

Good luck anyway, good idea about January.

kram

Onebrokelady wrote: »

So I spoke to my creditors yesterday and told them all I am entering into a DMP with SC and they have put all my accounts on hold,I just got a text from Barclays telling me the account is now on hold and I have to update them on my situation in one month,will they class contact from SC as me updating them or do I have to call them again in 30 days myself

I would call them then you know its done & you wont trigger off any extra automated calls texts or letters.

Good luck with it all. :j

Onebrokelady

Ok I will be brave and call them all on the same day,I did speak to very nice people yesterday and I managed to be polite but firm,they asked me lots of questions and I just told them that it was all handed over to Stepchange now so they would have to wait for hem to get in touch

sourcrates

Summer12 wrote: »

Hi

Feeling a bit brighter about things thanks to you guys! Can someone confirm if anyone at anytime can request a copy of the credit card agreement to check if a debt is enforceable or only when an account has defaulted? I ask because going through the figures I noticed that barclaycard bill is £360 per month with only £20 of that going towards the debt. That!!!8217;s crazy and I may aswell be starting my dmp and only paying them £20! (It comes out by dd so ashamed to say I!!!8217;ve never looked at it closely before). I!!!8217;ve been a customer since 1997 and that!!!8217;s the interest rate you get for being loyal I guess!! :mad:

You can make a sec 77/79 request for information (CCA request) at any time so long as a balance remains on the account.

It is one of your rights under the consumer credit act 1974.

kram

Onebrokelady wrote: »

Ok I will be brave and call them all on the same day,I did speak to very nice people yesterday and I managed to be polite but firm,they asked me lots of questions and I just told them that it was all handed over to Stepchange now so they would have to wait for hem to get in touch

Just remember these people are normal customer service & only pass your info on they have no knowledge about debt stuff & can be quite cumbersome with there questions etc. :j

alana171

Evening! I had to redo my DMP budget as I was made redundant last month, if found a new job but it’s £100 less a month and I also now have a car which I have to insure and run (previously had company car) anyway my question is this - my DMP has increased to 12 years but with defaults being knocked off records after 5 does this mean that in 6/7/8 years time I would be able to apply for a new mortgage etc (remortgage) and not have those defaults hanging over my head?

January2015

KID77 wrote: »

Sourcrates: In your experience an online cca from 2011 should be compliant....they obviously know there is something in the terms that's not?

I would like to settle the account so its closed and done but I don't want to offer more than 10% and surely they would accept that knowing it a unenforceable.... I am going to read back on January's posts as I know she partially settled a few unenforceables so I will see what she managed it for.

Hi

I settled one UE for 10% of the outstanding balance - approx £12k balance, settled for £1.2k :j I realise I didn't need to settle as it was UE but I wanted it put to bed and dealt with and no potential for any future disputes over the debt. My choice and I'm happy with that result :j