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DMP mutual support thread part 13 !!

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  • Suseka97
    Suseka97 Posts: 1,571 Forumite
    Tenth Anniversary 1,000 Posts Name Dropper
    ditty1234 said:
    Hi So I just got a letter saying:
    Important: Notice of Debt Collection 
    From Wescot on behalf of Natwest, but I think it's on an unenforceable debt. How do I respond to this, do I start to pay them £5 a month just to shut them up, or do I just ignore?
    I have got self managed, but I have not written then as the debt is unenforceable. I could easily just send them a letter, and then say what - I'm not paying? I'll pay what I used to pay to through Stepchange?
    They have also called ma and I have blocked the number, si In the letter I will also restate that I will only communicate by letter. I think I prefer to pay them a symbolic amount to shut them up. But not sure if it will work. 
    Thanks in advance.
    So what makes you 'think' it's unenforceable?  If you've had something in writing to confirm that - then just ignore Wescot, or send them a copy of whatever you have that says its UE and tell them you are concentrating on enforceable debts.  Don't embellish beyond that and don't make offers of payment.
  • Hi, we are in our first month since we decided to go down the diy DMP route. One creditor already came back with a letter asking for the SOA they attached to be filled in. A second creditor asked us to phone them. Then Virgin and M&S money keeps ringing / text messages asking me to call them. So far I have ignored these phone calls and wait for them to acknowledge my request for holding action on our accounts for 6 months.

    Few questions:
    1.  I know these calls are automated but should I answer them? I prefer not to. I could always write back to Virgin and M&S Money and ask to stop phoning and write to me instead? 
    2.  I tried to cancel our loan standing order online (app and website) with First Direct but it does not allow me to do so. Instead they ask me to call them. Again I don't really want to speak to them unless I really have to? Could I write to them? What if they don't acknowledge my request and try to take money out of the account? Currently zero balance with £500 overdraft facility available. I have a safe account.
    3. For any letters received is it okay to write back to them NOW and say that I will write back to them in due course and will use my own SOA document that I intend to sent to all creditors once they have all confirmed back to me they they are holding any action for 30days (standard reply)?




  • ditty1234
    ditty1234 Posts: 2,118 Forumite
    Sixth Anniversary 1,000 Posts Name Dropper
    Are you sure non of your other creditors are in a financial family with First Direct? You should not have a problem cancelling a standing order, just delete it, or call the bank and ask them to delete it. Maybe you just can't stop it the day or day before it's going out?
    Isa help to buy: 1000/3000 33%
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  • ditty1234 said:
    Are you sure non of your other creditors are in a financial family with First Direct? You should not have a problem cancelling a standing order, just delete it, or call the bank and ask them to delete it. Maybe you just can't stop it the day or day before it's going out?
    Yes M&S and HSBC are connected with FD and are my other creditors. However only M&S are in arrears as of the start of this month. So I would not think that it would cause a flag on my FD account just yet. I just wondered if it actually makes a difference and should I bother to cancel the Standing Order when I have already asked them to hold action. Worse that could happen is they debit my current account with same bank and the overdraft is used. I will still owe them money now just in two different accounts. The cleaner option is to cancel the SO. Of course, l can try and pluck the courage and pick up the phone or just write to them. I was hoping some feedback from this group will help direct me.

  • Suseka97
    Suseka97 Posts: 1,571 Forumite
    Tenth Anniversary 1,000 Posts Name Dropper
    tinybull said:
    Hi, we are in our first month since we decided to go down the diy DMP route. One creditor already came back with a letter asking for the SOA they attached to be filled in. A second creditor asked us to phone them. Then Virgin and M&S money keeps ringing / text messages asking me to call them. So far I have ignored these phone calls and wait for them to acknowledge my request for holding action on our accounts for 6 months.

    Few questions:
    1.  I know these calls are automated but should I answer them? I prefer not to. I could always write back to Virgin and M&S Money and ask to stop phoning and write to me instead? 
    2.  I tried to cancel our loan standing order online (app and website) with First Direct but it does not allow me to do so. Instead they ask me to call them. Again I don't really want to speak to them unless I really have to? Could I write to them? What if they don't acknowledge my request and try to take money out of the account? Currently zero balance with £500 overdraft facility available. I have a safe account.
    3. For any letters received is it okay to write back to them NOW and say that I will write back to them in due course and will use my own SOA document that I intend to sent to all creditors once they have all confirmed back to me they they are holding any action for 30days (standard reply)?




    A few comments...
    1.  Don't answer calls and write back to VM and M&S stating all comms in writing and to remove phone number from their records.
    2. If unable to cancel the SO, just write and tell them to do so. They cannot take money if no money exists in the account - basically you should close this account.
    3. Yes, write back and let them all know what you plan to do - that you are in financial difficulty and considering how to manage the situation and that you'll be back in touch in due course.  Say that in the meantime all comms are to be dealt with in writing and you can ask for all interest and charges to be stopped.   

    Generally creditors will put accounts on hold for 30 days as a standard response, there's no need to ask them to do that.  When you are ready, then put together an I&E that sets our your financial commitments and your plan to repay your debts.  Use the NedCab website for advice on how to manage a DMP and it also has lots of resources available to you - such as template letters etc.
  • Hi just after a bit of advice please, I started my DMP in 2018 started at 42k down to 28k slowly moving in the right direction.. I have had lots of help from reading through these comments thank you, I am unsure what people mean when they say some debts are enforceable what does that mean please in simple terms? I have 13 creditors most have been very reasonable apart from TSB they are a nightmare! Always asking me to review my plan every 6 months they have not defaulted as yet would it be best if I stop paying them until I do? Any advice welcome. 
  • sourcrates
    sourcrates Posts: 31,484 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    kel90 said:
    Hi just after a bit of advice please, I started my DMP in 2018 started at 42k down to 28k slowly moving in the right direction.. I have had lots of help from reading through these comments thank you, I am unsure what people mean when they say some debts are enforceable what does that mean please in simple terms? I have 13 creditors most have been very reasonable apart from TSB they are a nightmare! Always asking me to review my plan every 6 months they have not defaulted as yet would it be best if I stop paying them until I do? Any advice welcome. 
    Hi,
    Process has been done to death over time, but the basics are covered here by Debt Camel -

    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • Thanks, although sorry I asked now
  • Suseka97
    Suseka97 Posts: 1,571 Forumite
    Tenth Anniversary 1,000 Posts Name Dropper
    kel90 said:
    Thanks, although sorry I asked now
    Not quite sure what you mean by this...

    Sourcrates' link is a great resource to help understand the fundamentals of old debts, gives you access to a CCA template and explains about the potential UE aspect of older debts.

    Generally its best to go down the CCA route when a debt has been sold onto a DCA; if it remains with the original creditor then its more likely they will have all the necessary paperwork.  As for TSB, the best way to force a default is to stop paying them - yes, also you don't have to keep filling in an I&E every 6 months.  So just write to them and tell them that due to unforeseen circumstances (boiler breakdown, car maintenance, loss of income etc. etc.) you will be ceasing payments to them for the foreseeable future and will get back in touch when your financial circumstances improve - then wait to see what they say/do.  It may take several months of non-payment to get a default, but you've got nothing to lose and more to gain.
  • Hi,
    I'm due to start a DMP with Stepchange on 01/12 and I KNOW it's the best thing for me, I have £21k of debt, am single, live with my mother and only earn £22,000.  So my debts were taking up about £900 of my wages!  However I'm just having wobble!  I've received a letter from MBNA saying that they are going to put a default on my account in February.  I was trying to avoid this as have never missed a payment but am struggling so much that I needed to do something!  Can they do this if they've agreed to the DMP?
    Thank you in advance.
    Just keep swimming
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