DMP Mutual Support Thread - Part 12

BeingDebtFreeStartsHere

So....last year I wrote and complained to the Co-operative as they kept sending default threats but never actually defaulted the account. They replied with an apology and a £50 cheque and their letter also stated that “whilst we have an obligation to report a default on your credit file when payments aren’t made to the loan in line with the terms and conditions of your account, we identified that the information hadn’t been reported correctly; therefore the account was removed in its entirety from your credit file. Also due to this we won’t be recording a default on your credit file in the future.”

During February we received another two default letters relating to the debt but ignored them as we had been advised they would not issue a default as outlined in their original letter.

Today I get home to a final demand letter saying that we have not paid the arrears on the account and if we don't pay the full amount immediately they will seek to recover the debt by other means (stating they may pass the debt onto a DCA).

I am fuming :mad::mad: as they have gone completely against what they said in their original letter. I have drafted another letter of complaint quoting the original letter and saying we have had a SC DMP in place for 3 and a half years and never missed a payment through this.

Is there anything else I need to do? Have I totally misunderstood what the original letter meant??

Just after a bit of advice (and reassurance!!)

Thanks in advance

BDFSH x

Dandytf

For the mser regulars Jan2015+Sourcrates etc.
Thought I was going to be 1 debt less this month from SC dmp plan since 2012.
Checked my statement tonight and my Natwide overdraft debt is still in DMP with £1.82 to pay next month.
Agonisingly close though not yet cleared-thought I would share my laugh and impatience as my SC DMP journey continues.
For other mser taking part in a DMP-try and enjoy your journey as much as possible it does and will work eventually.

myamyamoo

Can you still send for a cca request for a debt outstanding after you have had a ppi pay out? Am I right in thinking that it is two separate issues? Egg card now Barclaycard.

sourcrates

myamyamoo wrote: »

Can you still send for a cca request for a debt outstanding after you have had a ppi pay out? Am I right in thinking that it is two separate issues? Egg card now Barclaycard.

Yes, the only stipulation for CCA requests is that there must be a balance remaining on the account and/or no legal action has been taken.

Hopeforthefuture

I am in the early stages of setting up my DMP with Stepchange and want to put aside an emergency fund before starting. One or two months of no payment is what I need to be at a point where I wouldn't be panicking if something came up which was unexpected and not on the budget.
Stepchange have emailed to say they have nearly all the information they need-the only thing they are requesting is that I change some of my creditor accounts to my married name...they still have my maiden name on. Is this the perfect excuse for not starting the payments with Stepchange immediately? Obviously sending off marriage certificates to 6 different places when I only have two copies is going take some time. What do you think?Thanks in advance!

myamyamoo

sourcrates wrote: »

Yes, the only stipulation for CCA requests is that there must be a balance remaining on the account and/or no legal action has been taken.

Thank you for your reply sourcrates. I've been on my dmp for 3 years now with about 14 left to go according to my last review!! Hopefully it will come back as unenforceable as it is one of the highest debts.
I am saving as much as I can to hopefully be in a position to offer a settlement figure although it will be relatively low compared to the balance. Would 25% be considered cheeky?

Standingtall

Hi everyone

Not sure who is still on the thread these days, from when I started my DMP in 2012. Anyway, the good news is that I am due to complete inSeptember this year:beer: Original forecast was for 18 years but due to good fortune with career and relationship I am finally going to be free of it much sooner than expected.

Back in 2012 I started with £100 a month of the £18k debt amount. I am now paying of £450. These amounts could have been greater at all time but I found it important to be able to live and not just survive so I always played the figures a little for want of a better description.

I have left debts inprevious name where possible (remarried) and whilst this is fraudulent I don’t care as some of the creditors have never defaulted me meaning the debts would still be on file 6 years after final payment! I now have a full bank account and my file is clear in my new name:T

PayPlanPlus have been fantastic and have done what I wanted them too at all times, albeit with a little firmness require on my part at times. For instance, when we moved to Scotland 2 years ago they wanted me to change to a Scottish version where your interest is frozen. However I would then have had to go on a register for a further 6 years thus affecting me credit rating. Don’t get me wrong, had this been 2012 I would have jumped at the option but not so near the end.

Good luck to everyone starting out and remember you never know what is around the corner. Most imprortantly, unless your repayment time is short, please make sure you set a budget that lets you live. You only get one shot at life:A

Regards
ST

crashingout

Wow well done standing tall and not long to go for you.
I am looking forward to the day I finish all my debts but still have a way to go yet, I've been on a DMP since 2008. It's very encouraging to read about your jourey so far.

crashing out

ironingpile

sourcrates wrote: »

Old Egg credit card agreements are notorious for been unenforceable, for various different reasons. (this only applies to pre April 2007 paper agreements)

Egg are the only company to have flawed agreements, well, some MBNA agreements were a bit iffy too for similar reasons.

You need to go back and check your CCA and where it should say 'Credit Limit' it may well say 'Approved Limit' in which case it is unenforceable for using wrong language on a regulated document, basically if your Egg agreement uses the term 'Approved' as opposed to 'Credit' then the agreement is unenforceable as the prescribed term 'Credit Limit', is missing.

By coincidence I received a reply back from Barclaycard yesterday relating to my CCA request on an old Egg agreement. It is a reconstituted copy with my name and address on a separate sheet to the agreement and it says "Approved Limit" not "Credit Limit". Can I therefore safely assume it is unenforceable? Barclaycard have not acknowledged it is unenforceable so should I write back to them and point out that it is? Surely they must know if this is the case or am I being too trusting that they would tell me so? Thanks in advance for any advice.

sourcrates

ironingpile wrote: »

By coincidence I received a reply back from Barclaycard yesterday relating to my CCA request on an old Egg agreement. It is a reconstituted copy with my name and address on a separate sheet to the agreement and it says "Approved Limit" not "Credit Limit". Can I therefore safely assume it is unenforceable? Barclaycard have not acknowledged it is unenforceable so should I write back to them and point out that it is? Surely they must know if this is the case or am I being too trusting that they would tell me so? Thanks in advance for any advice.

You should write and tell them yes, but please remember, only a court can decide one way or another if a particular agreement is unenforceable or not.

When we find these glaring errors in agreements, the creditor could, if they so chose, take the matter to court for the judge to decide, but the majority of the time, due to costs, likelihood of losing etc, that does not happen.

I am just airing on the side of caution here, mostly they roll over, or sell the debt on, but just so that you are aware of the fact that, that, could happen, its extremely unlikely, but possible.