DMP Mutual Support Thread - Part 12

make_the_change

Thanks again Sourcrates

I'm surprised at how quickly this debt was sold. I literally refused to pay BC as they didn't default, then complained and took to ombudsman and they finally replied to me backdating the default and refunding some interest. After that it was literally two months and it was sold on.

I guess it's easier to negotiate F&Fs later down the line when a debt has been sold? How long would you leave it before I offer an F&F?

sourcrates

make_the_change wrote: »

Thanks again Sourcrates

I'm surprised at how quickly this debt was sold. I literally refused to pay BC as they didn't default, then complained and took to ombudsman and they finally replied to me backdating the default and refunding some interest. After that it was literally two months and it was sold on.

I guess it's easier to negotiate F&Fs later down the line when a debt has been sold? How long would you leave it before I offer an F&F?

Usually they will come at you with a series of letters ranging from "potential court action" to "50% off deals".

In the past i kept Lowell waiting 4 years bogging them down with CCA requests, complaints, and ombudsman action, until i eventually got a good settlement out of them.

make_the_change

Thanks Sourcrates. Sorry unable to quote on my phone so keep having to write a fresh reply.

It's literally just been sold and I haven't set up a payment arrangement yet. So what's the best thing to do? Start paying them?

sourcrates

make_the_change wrote: »

Thanks Sourcrates. Sorry unable to quote on my phone so keep having to write a fresh reply.

It's literally just been sold and I haven't set up a payment arrangement yet. So what's the best thing to do? Start paying them?

Well as long as its affordable for you, i would not go ignoring them for too long, they will, and do, take court action, so best to sort something out.

make_the_change

Another query from me.

I have a debt being managed by ArcEurope and they have requested a review of my situation and are demanding an I&E statement. Do I have to send this?

sourcrates

make_the_change wrote: »

Another query from me.

I have a debt being managed by ArcEurope and they have requested a review of my situation and are demanding an I&E statement. Do I have to send this?

You dont have to do anything at all my friend, they can demand all they like, been a free country allows us this right.

You can simply write back saying "nothings changed boyo`s" and leave it at that.

Weakmoments

Hi can someone please help I have 2 debts with idem servicing one has provided the cca and the other has stated currently unenforceable. I am managing my DMP myself and have increased the payment to the unforceable one and £1.00 to the other. I also made a full and final settlement offer on the unenforceable one for 10%.
They have phoned me today stating I can't do that and the unenforceable one can still be taken to court.
Any advice please tia

January2015

Weakmoments wrote: »

Hi can someone please help I have 2 debts with idem servicing one has provided the cca and the other has stated currently unenforceable. I am managing my DMP myself and have increased the payment to the unforceable one and £1.00 to the other. I also made a full and final settlement offer on the unenforceable one for 10%.
They have phoned me today stating I can't do that and the unenforceable one can still be taken to court.
Any advice please tia

It's your DMP - do what you want :T

Unenforceable means they do not have the correct documentation and/or T&Cs to enforce the debt in a court of law. Don't pay them anything on this one until they can (if ever) provide the correct documentation. Let them know that whilst it is unenforceable you will cease payments until such time as they produce the required documentation. After that - do not communicate. You do still owe the money, but they cannot make you pay it. If six years pass and you have not paid or acknowledged the debt in writing it becomes statute barred anyway :beer:

You will need to pay the enforceable debt. Pay what you want towards it. They may not like it, but if you are paying they are very unlikely to take you to court because they are getting payment.

sourcrates

Weakmoments wrote: »

Hi can someone please help I have 2 debts with idem servicing one has provided the cca and the other has stated currently unenforceable. I am managing my DMP myself and have increased the payment to the unforceable one and £1.00 to the other. I also made a full and final settlement offer on the unenforceable one for 10%.
They have phoned me today stating I can't do that and the unenforceable one can still be taken to court.
Any advice please tia

Just to clarify the law on this.

A creditor can still take legal action against you if they cannot comply with your sec 77/79 request.

What they cannot do is proceed with the case to judgement, as they do not hold any evidence.

So what they say is technically correct, they can go through the motions of taking you to court, in the hope you dont contest it, then a CCJ can be awarded by default, but if you choose to defend the case on the grounds that no credit agreement exists, the case would be (eventually) thrown out.

So they cannot obtain judgement against you if you defend the case, but they can drag it out should they wish to.

In practice i think its just an empty threat, they would not normally waste further money on an unenforceable debt.

Dandytf

Called SC earlier ths week, sent an -mail budget to complete ahead of strating reduced hours/earnings next week.

Wasn't bad at all though new reply to my budget today to advise complete budget online and then maybe call SC.

Time for some creative budgeting, only joking, I need to get my thinking head on, to reduce SC payments considerably.

And as I thought, completed review online, call to SC required next week, might was well use my reduced days at home to get my new budget sorted.

Havne yet ammended mortage overpayments I had been making past 2-3 yrs, the cost of giving up full time working hours.

Maybe as my 5yr fix finishes in a few week, I'll swap online and make some more savings.