DMP Mutual Support Thread - Part 12

unicorndeva

Thanks for answering, January.

My husbands MBNA was from November 06 and mine from 1994. My husbands agreement looks as if it's been doctored. I cant tell if there were any tear off slips.

I will write asking for statements

January2015

unicorndeva wrote: »

Thanks for answering, January.

My husbands MBNA was from November 06 and mine from 1994. My husbands agreement looks as if it's been doctored. I cant tell if there were any tear off slips.

I will write asking for statements

1994 is much more likely to be unenforceable, but you may find the 2006 one is unenforceable as well.

unicorndeva

How will I know if they're unenforceable?

January2015

unicorndeva wrote: »

How will I know if they're unenforceable?

I've sent you a PM

heavenlyharry01

You may have already mentioned it in an earlier post but there's so much going on in this thread and I can't recall what you might have told us

I just wondered how old this debt is and whether MBNA was able to provide the required information or whether it has proved to be unenforceable.

Would make a difference on how low they might be prepared to go on the settlement figure

Thanks carbootcrazy....it's only a few years old unfortunately

unicorndeva

Thanks again, January!

One more question - we applied for copies of CCA's at the end of February and the only 2 to send anything back are the MBNA ones. How long do we give the others? And do we tell them the debts are unenforceable if they can't provide them?

January2015

unicorndeva wrote: »

Thanks again, January!

One more question - we applied for copies of CCA's at the end of February and the only 2 to send anything back are the MBNA ones. How long do we give the others? And do we tell them the debts are unenforceable if they can't provide them?

It can take several weeks for CCA responses - especially if the debts are with debt collectors who have to go back to the original creditor. I would just write and remind them you are still waiting for a response to your CCA request.

unicorndeva

From January: 'If you accounts have not yet defaulted then when you go self-managed either don't pay them until they default or pay token payments only, e.g. £1 per creditor per month. Personally I wouldn't pay anything until the defaults are registered. I would also write and request defaults are backdated to somewhere near the start of your DMP - that way everything will disappear off your credit file very soon anyway (as you've been on it for several years already).'

I've just noticed that one of my accounts was passed to Arrow and does not have a default notice (we defaulted in 2011) and several others are also with debt collection agencies with late default notices. Is this normal or can we do anything about it?

January2015

unicorndeva wrote: »

From January: 'If you accounts have not yet defaulted then when you go self-managed either don't pay them until they default or pay token payments only, e.g. £1 per creditor per month. Personally I wouldn't pay anything until the defaults are registered. I would also write and request defaults are backdated to somewhere near the start of your DMP - that way everything will disappear off your credit file very soon anyway (as you've been on it for several years already).'

I've just noticed that one of my accounts was passed to Arrow and does not have a default notice (we defaulted in 2011) and several others are also with debt collection agencies with late default notices. Is this normal or can we do anything about it?

An account can only be defaulted once regardless of whether it is has been sold on to a DCA. If you are sure it was defaulted back in 2011 then write to Arrow and complain that they need to update their information and the information on the credit reference agency files.

It's important to clarify what we mean by 'default' in this instance. You may have defaulted by not paying in 2011 but did the creditor formally issue a default? Many creditors send notices of intention to default but don't always formally default the account. You need to be sure the account was formally defaulted back in 2011.

debby

Hi. We took first step and contacted debt advice foundation yesterday. They contacted us again tonight and worked out our finances. They have told us the amount we should have to live on per month, and what is left goes towards our debts. They have not included our car in this as it's on HP. We couldn't lose the car it's vital for work.
I understand that we can either do this ourselves or go through a company. Debt advice foundation have told us the company they deal with do not charge.
The companies we owe the money to, what's the chances of them not including the interest?
We owe £15k, and we got down to have just £250 a month for us to buy food and essentials.
Our only problem at the moment is finding a way to get some money until payday at end of month. We have £20 until then. We have sold things on eBay over last week to get some money. Unfortunately someone has not paid for the iPad of £80 they won. So that is going to be relisted. I also do surveys. Running out of options for getting some ££ until payday.