DMP mutual support thread part 13 !!

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  • Puzzcat
    Puzzcat Posts: 4,200 Forumite
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    Hi,

    I'm not sure if I should start a new thread as I have so many questions, but this thread always seems safer than the wider board and so I'll try and start with less. I'm sorry for the length, I'm really struggling with anxiety this morning for the first time since taking on a DMP. I have been a long time lurker on this thread and have had a DMP since April 2013, with 3 years showing left to run. However, we're getting to the point now where defaults should be dropping off and we're keen to remortgage. I should have addressed this a bit sooner, but clearly the anxiety has been there, waiting to rear its head when I have to give this serious thought.

    DH had 2 debts which we've discovered are unenforceable but continue to pay. It looks like his defaults will drop off in April and May.

    I had 8 different debts though. Many defaults should drop off by August, but I have 4 with issues, I think.

    1 & 2) I had 2 MBNA cards which have default markers of November and December this year. I wrote to them, using a template, saying that I informed them of my inability to pay back in March 2013 and so they were 'treating fairly' compared to someone who had made no effort to pay at all. They've just written back rejecting my complaint saying that they only needed to default once I hit three missed payments. I understand that, but it's still puts me at a disadvantage as the marker would have been 3 months if I'd made no effort to pay.

    Is it worth appealing this decision?

    3) I had a card with Creation finance which only passed to Lowell in 2017. At the time of the DMP starting, Creation reduced interest to 0.5% per month, which eventually become frozen. They never put a default marker on the account, or even an AP marker from what I could see. Lowell, however, still shows as 'up to date' but they have marked it with AP markers since they took over in 2017 - so if this debt doesn't drop off my file until 6 years after clearing it, it will be 2029! I wrote to Lowell, who I presumed would refer to Creation if necessary, but they've just written back saying they took it on in good faith and as far as they're concerned, they're correct. Again, I can appeal.

    Question here is do I appeal straight to the Ombudsman or go back to Creation?

    4) I had a Next Directory account which I cleared back in 2016. That is showing as Closed but I can see that also had AP markers on it until it was cleared.

    Does that then mean that one negatively impacts my file until 2022 despite being cleared? Should I be writing to them to ask them to default it as well?

    I'm a bit upset by the rejections as I had a simple chat with Barclaycard a few years ago and they couldn't have been nicer about adjusting the default date. I think I was expecting the same with the others.

    Hi,

    I can't comment on most of your post but had the same problem with creation/lowells, I originally requested that creation default me but they refused and like you they sold the debt to lowells still without the default, I took it to the FOS and the ICO and they both agreed with the creditor/dca so I am also stuck with AP markers for just one debt... I recently requested they default again but they declined....

    Always worth a try though.

    Puzz
    Christmas 2020 £109
    I love my dmp started in Nov 13 with SC. Self Managed 2016 57% done
    £60062/25384.84 - 13222.60k UE

    MY DIARY
    http://forums.moneysavingexpert.com/showthread.php?t=4768685
  • ChooseHappy
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    Puzzcat wrote: »
    Hi,

    I can't comment on most of your post but had the same problem with creation/lowells, I originally requested that creation default me but they refused and like you they sold the debt to lowells still without the default, I took it to the FOS and the ICO and they both agreed with the creditor/dca so I am also stuck with AP markers for just one debt... I recently requested they default again but they declined....

    Always worth a try though.

    Puzz

    Thanks for replying.

    _pale_ How can that be fair?!
  • Willing2Learn
    Willing2Learn Posts: 6,294 Forumite
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    How can that be fair?!
    It is only guidance that says creditors should default an account that is 3-6 months in arrears. Creditors must have due regard to the guidance, but they are not compelled to comply.

    I would say however, that most of the feedback on this subject is positive, in that the creditor usually seems to comply.

    If you directly quote the guidance, then you should have a greater chance of success. :)
    I work within the voluntary sector, supporting vulnerable people to rebuild their lives.

    I love my job

    :smiley:
  • Suseka97
    Suseka97 Posts: 1,562 Forumite
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    Thanks for replying.
    _pale_ How can that be fair?!
    It is only guidance that says creditors should default an account that is 3-6 months in arrears. Creditors must have due regard to the guidance, but they are not compelled to comply.
    I would say however, that most of the feedback on this subject is positive, in that the creditor usually seems to comply.
    If you directly quote the guidance, then you should have a greater chance of success. :)

    In short - it isn't and a shame that the FCA don't do something about it. As has been said - most creditors / DCAs do, so that's a positive. I had a Halifax debt which they took more than a year to default me on. But although several years on I cleared the balance I still took a punt and complained about the timing of the default and low and behold - they backdated it. Try raising it as an official complaint and see if that budges them. Failing that, if it were me, I'd drop the ones I was still paying down to tokens or no payments to try and force their hand.
  • Debtinator
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    Hi fellow dmpers,
    I have a loan with a local high street, high apr, loan company. This is the 5th month without any payment to them, due to start paying in april.
    However, today i recieved a letter saying they are willing to take a 30% reduction on at 12.5k debt.
    I haven't got the money anyway but just wondered why they have offered me this reduction. Has anybody else had this from any other of your creditors? Thanks.
  • debtfreedreams25
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    Hi guys

    I'm new here but I just want to say this thread has been a huge help on making me come to terms with my debt problem and decide on a DIY DMP so thank you!!!

    I unexpectedly had to move to Canada (originally from the UK and all debts are in the UK) due to family reasons and my pay is literally half of what I made at home. I have £24k of debt which I need to pay which works out to over $40k so naturally I have had to be realistic with myself and ask for help.

    The issue is it is so expensive to send letters from here not to mention how long they take to get to the UK and the post here is awful so I don't even know if they will reach my creditors. I can't go through SC or anyone as I no longer live in the UK with no plans to return anytime soon which means I have no choice but to go this alone.

    I was wondering if anyone had any email addresses for the below creditors:

    -MBNA
    - Virgin
    - Halifax
    - Creation Financial
    - RBS

    I have already reached out to Barclaycard through secure message asking for an email to send my financial statement of affairs to.

    Currently I am up to date with my payments minus one card and I plan to make my offered pro rata payments until I hear back from my creditors- is there anything else I should do at this point? I have to be honest I am really nervous about it all and I'm not sure how it will affect my life here in Canada.

    Thank you again for your help and positivity on this thread! It makes it slightly less daunting- here's to getting debt free together :beer:
  • Marble030509
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    Hi Guys

    The letters are starting to roll in now which is good I suppose as they are acknowledging us. Most have been fine and are holding the accounts.

    A couple of the creditors that have agreed to hold the accounts are still slapping late payment fees on though. Is this correct?

    Thanks
  • Time_To_Change
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    Hi all just after some advice. I have been self managing my DMP now for around 6 months. I have just had a letter from barclayvmcard saying my account has now been passed on to PRA group ltd. Can anyone offer me any advice in what I should do from here? It says they will contact me but I am a bit worried about what to expect. I am hoping I can continue to make the same payments to them that I had agreed with barclaycard. Thanks all.
  • BeingDebtFreeStartsHere
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    Hi all just after some advice. I have been self managing my DMP now for around 6 months. I have just had a letter from barclayvmcard saying my account has now been passed on to PRA group ltd. Can anyone offer me any advice in what I should do from here? It says they will contact me but I am a bit worried about what to expect. I am hoping I can continue to make the same payments to them that I had agreed with barclaycard. Thanks all.

    Hi Time To Change,

    My old MBNA debt was sold to PRA early on in my DMP back in 2015 and more recently my two Natwest debts were sold to them after being managed by Wescot. They will write to you to ask them to contact them to set up an affordable payment plan however I called them to sort mine and I must say they have been really lovely to deal with and very helpful. Not sure if everyone has had the same experience but we have never had any issues with PRA over the past 4 years. They were more than happy to accept the same payments I was making to Wescot for my Natwest debts and even offered me a month without paying when they first took on the debt :)

    Take care,

    BDFSH x
  • Time_To_Change
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    Hi thank you for taking the time to reply. That is very reassuring to hear and has put me at ease a little :)
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