DMP Mutual Support Thread - Part 12

System

Rebeccadougherty wrote: »

Hi all
I haven!!!8217;t been on in a while and have another!!!8217;s dopey question. Mostly things seem to have been going ok, I!!!8217;m slowly building up savings and I!!!8217;ve almost paid off 3,000 already whaaat!
I have had a couple of letters from Barclays which I ignored because I thought they were just sent out automatically but the latest one sounds scary. I!!!8217;ve had some more reduced payments because of family issues etc, and this letter says !!!8220;despite several reminders including the issue of a default notice served pursuant to section 87(1) of the consumer credit act your account is still in arrears. This is a formal demand for you to repay the account balance quoted above (1,053.90) what do I do?? I can!!!8217;t afford to pay that, am I going to have people at the door? Help, having another panic

Don't panic. Sounds like a standard letter. They will pass your account to a DCA...our B/Cd ones went to L*nk. They will probably default you now as well, which is a good thing. If you get letters from DCA's, just reply with a copy of your I&E and how much you can afford to pay. They will be fine.

Zerodebtsoon

NeverendingDMP wrote: »

Hello all. Just wanting your opinions please. My DMP is due to last 17.5 years. I work part time,hubby full time, we have young children so hopefully/ eventually circumstances will change to make it shorter. I was advised to go for bankruptcy but told I could do a low starter DMP if I wanted instead ( I'm with stepchange) we have a young family and a mortgage of 472 pcm which is cheaper than most rents and almost enough equity to clear debts if we had to. I have workef hard for my house and would be worse off if I lost it. I've been on DMP for 3 years but recently added hubby's debts so the total can only go down now thank goodness. I haven't sent off for CCA but having read the forum I will. I am with stepchange but am considering going self managed. Do I just write and offer the same breakdown as stepchange and if so what happens if my income changes as I cannot understand how they work it out. I've just done a calculator on national debt line but my debts all got very different payments even with the same total money put towards them currently by stepchange. I work for a large healthcare provider on a low band so if the national news is to be believed I've worked out I will now earn enough to break even and have 40 pcm spare which I'm hoping to start putting aside for a full and final.
I'll send CCA off but how do I work out the offers if I go self managed and would I need to sort this before any potential payrise?

I'm not an expert or as experienced as some of the other posters on here but my experience of recently changing from SC to self managed went as follows -
I wrote to all creditors to say I was going self managed, with a revised income and expenditure and requesting credit agreements at the same time. I used the NEDCAB calculator to document the income and expenditure and work out our surplus and the proportion to be offered to each creditor. I found the same about how the SC payments are calculated seeming very random and not the same as the other calculators. One creditor accepted the revised payment pretty much straight away (and then has subsequently written to put our account on hold anyway while they look for the credit agreement) and I am just waiting to hear from the other two. Good luck

Summer12

Good morning

I have a question about admitting liability for debts. So I have 4 currently unenforceable debts (I say currently as who knows what may turn up one day). If I now contact these four along with my other enforcable debts and let them know we are in financial difficulties and in talks with SC please give us 30 days etc am I admittedly liability for the debt (and therefore statute barred never going to happen). As I understand it SB happens 6 years from date of last payment to the debt and never if you’ve admitted liability. Or have I completely miss understood?

sourcrates

Rebeccadougherty wrote: »

Hi all
I havent been on in a while and have another dopey question. Mostly things seem to have been going ok, Im slowly building up savings and Ive almost paid off 3,000 already whaaat!
I have had a couple of letters from Barclays which I ignored because I thought they were just sent out automatically but the latest one sounds scary. Ive had some more reduced payments because of family issues etc, and this letter says despite several reminders including the issue of a default notice served pursuant to section 87(1) of the consumer credit act your account is still in arrears. This is a formal demand for you to repay the account balance quoted above (1,053.90) what do I do?? I cant afford to pay that, am I going to have people at the door? Help, having another panic

Rebeccadougherty wrote: »

By the way it says I have to pay within 14 days which I think the last day was yesterday but I dont know Ive been too scared to call them

Rebeccadougherty wrote: »

Sorry forgot to say it says if it isnt paid within 14 days or whatever then they may get a debt collection agency to receiver the debt and/ or take legal proceedings against me

A formal demand is just a posh debt collection letter, are you paying anything toward the debt currently ?

Majority of the time it is just a prelude to them offloading the debt to a DCA or debt purchaser.

If you are already paying this as a part of your DMP then you don't need to do anything, the letter will not take your DMP into account, its just a formal process to offload the account to a 3rd party.

sourcrates

Summer12 wrote: »

Good morning

I have a question about admitting liability for debts. So I have 4 currently unenforceable debts (I say currently as who knows what may turn up one day). If I now contact these four along with my other enforceable debts and let them know we are in financial difficulties and in talks with SC please give us 30 days etc.

Am I admitting liability for the debt (and therefore statute barred never going to happen). As I understand it SB happens 6 years from date of last payment to the debt and never if you’ve admitted liability. Or have I completely miss understood?

Have these four creditors admitted the debts are currently unenforceable ?

If they have, you do not have to pay them, you simply write a letter to that effect.

A debt will become statute barred after 6 years of non payment, or written acknowledgement by you, the entire purpose of the Limitations act is so that debts do not remain outstanding for more than 6 years since acknowledgement.

Your argument at present though is more to do with enforcibility rather than its statute barred status, they will all go SB in time.

Summer12

sourcrates wrote: »

Have these four creditors admitted the debts are currently unenforceable ?

If they have, you do not have to pay them, you simply write a letter to that effect.

A debt will become statute barred after 6 years of non payment, or written acknowledgement by you, the entire purpose of the Limitations act is so that debts do not remain outstanding for more than 6 years since acknowledgement.

Your argument at present though is more to do with enforcibility rather than its statute barred status, they will all go SB in time.

Not one of them has openly admitted they are UE all are still with original creditor, looking though these threads it seems debt collection agencies are more forthcoming with saying agreements are UE compared to original creditors,but some are quite obvious (even to the untrained eye) and I’ve sent all 4 to AAD for checking who have confirmed what’s wrong with each. These are all very old debts. I had sent one a follow up letter who are now passing it round their complaints department. Perhaps then I should do this with the other 3. Just didn’t want to shoot myself in the foot by writing again and later something turning up. Thanks SC

sourcrates

Summer12 wrote: »

Not one of them has openly admitted they are UE all are still with original creditor, looking though these threads it seems debt collection agencies are more forthcoming with saying agreements are UE compared to original creditors,but some are quite obvious (even to the untrained eye) and I’ve sent all 4 to AAD for checking who have confirmed what’s wrong with each. These are all very old debts. I had sent one a follow up letter who are now passing it round their complaints department. Perhaps then I should do this with the other 3. Just didn’t want to shoot myself in the foot by writing again and later something turning up. Thanks SC

Write to each one, pointing out what AAD have told you.

The best you are going to get is a stalemate, as only a court can rule on it one way or another.

I take it the debts are far from been statute barred as yet ?

BeingDebtFreeStartsHere

Zerodebtsoon wrote: »

Hi all, just thought I would provide an update on our self managed journey.

Letters advising we are now self managing, including a new income and expenditure statement and a revised (reduced) offer of monthly payment were sent on 10/3 to three creditors, along with cca requests and the £1 fee. I also emailed them PDF versions of the letters as we areoverseas.

PR*A group replied by email after verifying our identity within a week, accepting the revised payment and acknowledging the cca request. We have since received a letter in the post today saying they arerequesting the agreement from barclaycard and in the meantime our account is frozen

The other two are driving me bonkers - Ro*bway keep emailing me asking me to verify my email by clicking on a link in their email which just takes me to their website. I have replied to them 3 times about it and still nothing. I assume they have received my letter in the post by now based on PR*A group responding in writing already so am wondering whether to just pay the revised amount offered to them online when it is due on the 6th. I can access the quick payment section of the website but unable to properly register due to having an overseas postcode.

And as for sainburys - I have no idea who to contact and Stepchange wouldnt give me any details. We have never had any contact from them at our new address despite having updated them years ago (and all other creditors having been in contact) so I have no specific email, number or address to refer to unlike the other two creditors. I contacted sainsburys bank customer service by email/online asking for contact details for recoveries and have emailed wescot who I understand manage their recoveries. Nothing, not even an acknowledgement of contact. Should I just wait for them to contact me? I sent the letter to their Hull address that I found online. Next step is to phone them which i have tried to avoid tbh. Part of me thinks screw them, I have evidence that I attempted to contact them on a variety of ways and have no way of making a payment so they can wait!

Any ideas or advice gratefully received.

Sounds like you are doing a great job!! I have been doing exactly the same - have got the income and expenditure form sorted together with letters ready to be printed from the NEDCAB website

I also have a debt with Robinson Way who are lovely on the phone when I have had to call them but never respond to emails!! Will have to hope that they reply to the letter I send otherwise they will just get the payment I have offered!!

Hoping to get all letters sent out tomorrow. Should I just send 1st class or send via recorded delivery?

Good luck with the self managed journey and keep us updated with your progress

Any advice from the self managed pros on here very welcome too!!

BDFSH x

Summer12

sourcrates wrote: »

Write to each one, pointing out what AAD have told you.

The best you are going to get is a stalemate, as only a court can rule on it one way or another.

I take it the debts are far from been statute barred as yet ?

Yes a very long way! Most have only had one missed payment. I assume once the debt has been sold on (if that’s the way it goes) you could request a CCA again and maybe getting a more definitive answer from the debt collector. I wonder if creditors are allowed to knowingly sell on a UE debt hence why they make no judgement on it...maybe...

[Deleted User]

Summer12 wrote: »

Yes a very long way! Most have only had one missed payment. I assume once the debt has been sold on (if that’s the way it goes) you could request a CCA again and maybe getting a more definitive answer from the debt collector. I wonder if creditors are allowed to knowingly sell on a UE debt hence why they make no judgement on it...maybe...

I can't see why you think requesting a CCA again after a debt has been sold on is a good idea. I would have thought one request per debt is enough. The new owner of the debt will usually have to request the original paperwork/records from the original creditor. I think I've read on here somewhere that the new owners of debts are not always aware of the enforceability or otherwise of debts. They just tend to bulk-buy a whole batch of debts at a time.


Happy to be corrected if I've misunderstood.