DMP mutual support thread part 13 !!

live_love_laugh

sourcrates wrote: »

Hi,

The clue is in the name SELF MANAGED, you decide what you pay them, you decide if you want to settle some debts, yet keep paying others, its your plan, you are in charge, no one else.

You write to all relevant creditors telling them you are going self managed, i believe a lot of folk on here use NEDCAB to generate letters etc, obtain all there refernce numbers and payment details, set it up on online banking, so every month its just a few clicks to make payment.

SIMPLES.

Hope that clarifies things.

yes that does , thank you.

Dreamer29

Suseka,

Thank you so much, you helped when I started my DMP and once again you’ve helped!

The advice on here is just fantastic, since I’ve started my DMP I can’t believe how much better life has felt. I look forward to being able to ‘budget management’ and some sort of normality.

Marble030509

sourcrates wrote: »

For future reference.

In order for a company to take legal action against you, they must follow whats called the "civil procedure rules" CPR for short.

Before legal action can commence, the creditor must send you a "letter before action" LBA, this is a questionaire type document, that is designed so that you and your creditor can reach an amicable solution without the need to proceed to court, you have 30 days in which to return it to the creditor.

So if you recieve a "LBA" you know its a genuine threat of court action, if you don`t, its likley just a threat.

Following on from that, if agreement is reached, all well and good, if it isnt, then the next step is a claim form which you must fill in and return ASAP, and the case will proceed to the county court.

Thank you for that Sourcrates.

Just out of curiosity, should i expect to receive any LBA's whilst i am saving the emergency fund until September?

Suseka97

Marble030509 wrote: »

Thank you for that Sourcrates.
Just out of curiosity, should i expect to receive any LBA's whilst i am saving the emergency fund until September?

I;m sure sourcrates will be along to comment - but I would have thought this highly unlikely. The wheels of debt management turn slowly and to go for an LBA at this point really wouldn't be in their interest. You've told them you intend to start a DMP in September - so they would gain nothing from initiating court action. But say they did - what then? Well, you would simply start making your repayments to them earlier than you had planned. It would only end up in court if you chose to ignore the LBA and didn't enter into any form of agreement with them.

Marble030509

Many thanks Suseka. This forum really is a godsend to myself and my partner. Without it, we would indeed be clueless.

ayupmeduck

Got a LBA this week from Mortimer Law for a QQ/Lantern debt for £481. Should I try try to come to an agreement before court?

sourcrates

ayupmeduck wrote: »

Got a LBA this week from Mortimer Law for a QQ/Lantern debt for £481. Should I try try to come to an agreement before court?

That is the whole purpose of the LBA isn’t it.

You have 30 days I believe in which to respond.

Helpme34

Hi everyone

Hope you're all well..havent been on here for a while now. Plodding along with the DMP. All defaults have finally dropped off my credit file but still a long way to go before they're cleared.
I have a quick question. I wrote to 9 of our creditors last June requesting CCA's. A couple replied and sent some reconstituted agreements. Link didn't reply at all! ( have 4 cards with them). I had a lot going on at the time and therefore just filed away the paperwork and continued making payments.
My annual review is due with Payplan which i haven't yet completed and at the same time i am thinking of going self managed.
Also thinking of getting those CCA agreements out and getting them checked re enforceability.
Should i write to Link again requesting CCA's? And also once I've had the other CCA's checked do i write to the creditors and say i am stopping payments?
Im a little concerned whether this could trigger any CCJ's?

Any help appreciated

sourcrates

Helpme34 wrote: »

Should i write to Link again requesting CCA's? And also once I've had the other CCA's checked do i write to the creditors and say i am stopping payments?
Im a little concerned whether this could trigger any CCJ's?

Any help appreciated

Hi,

It’s your statutory right under sec 77/79 consumer credit act.

They cannot abuse or deny you your statutory rights.

Also it’s a contradiction in terms, as without a compliant credit agreement, court action cannot be taken.

Helpme34

sourcrates wrote: »

Hi,

It’s your statutory right under sec 77/79 consumer credit act.

They cannot abuse or deny you your statutory rights.

Also it’s a contradiction in terms, as without a compliant credit agreement, court action cannot be taken.

Many thanks Sourcrates