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DMP mutual support thread part 13 !!

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  • ditty1234
    ditty1234 Posts: 2,118 Forumite
    Sixth Anniversary 1,000 Posts Name Dropper
    Hi so I finally received a letter from ex natwest card debt, now intrum, with their proof of credit agreement. There is a box ticked in the corner that it is a signed document? Is that enough evidence? Should I just start paying it? I don't want to get in trouble, but for all I know they could have just made it up, as there is no actual signature.
    Isa help to buy: 1000/3000 33%
    Emergency fund: 100/1000 10%
    Weight loose 8.6 kg - while having fun. 0/8.6 0%
    Focus debt to clear HSBC £10/1111, 0% updated May 25
  • sourcrates
    sourcrates Posts: 31,504 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    HelenM05 said:
    Hi it's me again, we have now received letters back from nearly all the debt companies responding to our CCA requests wih various different replies but none of them are able to produce the CCA"s at this time. Idem securities have sent a statement showing the last 12 months payments (paid through stepchange) and the letter heading states Re; Your unsecured credit agreement. Is this their way of trying to scare us into thinking this is actually a CCA when it clearly isn't? Also one or two have been quite threatening in the tone of the letters stating although it isn't enforceable they will still  pursue the debt with debt collectors. My next DMP is due on 10th January and the more I pay them the less we have available for full and finals. It's really annoying because we've already offered f&f amounts which they have all refused. We've been on this DMP for 10 years now and it's like a huge weight that we can't get rid of, if we carry on with the DMP it will take us at least another 5 or 6 years to pay it off. 
    None of them will be able to comply just yet, as the original creditor always retains the paperwork (if they have kept it that is).

    So expect to wait up to 3/6 months or so, they may yet be able to provide, so this period of unenforceability may only be temporary.

    There is no tone, they can continue collection activity, this includes phoning you and writing to you, under GDPR you can inform them how you want to be contacted, or not contacted, as you wish.

    What they cannot do is start legal action, as they have no evidence of your liability, not that they would go straight to that, I`m just making the point that there is currently nothing they can do to you.
    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
  • sourcrates
    sourcrates Posts: 31,504 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    ditty1234 said:
    Hi so I finally received a letter from ex natwest card debt, now intrum, with their proof of credit agreement. There is a box ticked in the corner that it is a signed document? Is that enough evidence? Should I just start paying it? I don't want to get in trouble, but for all I know they could have just made it up, as there is no actual signature.
    A CCA agreement must contain your name and address details, the financial details pertaining to the agreement, it does not need a signature to be valid, you need to be a bit more specific about what you have been sent.
    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
  • Suseka97
    Suseka97 Posts: 1,571 Forumite
    Tenth Anniversary 1,000 Posts Name Dropper
    HelenM05 said:
    Hi it's me again, we have now received letters back from nearly all the debt companies responding to our CCA requests wih various different replies but none of them are able to produce the CCA"s at this time. Idem securities have sent a statement showing the last 12 months payments (paid through stepchange) and the letter heading states Re; Your unsecured credit agreement. Is this their way of trying to scare us into thinking this is actually a CCA when it clearly isn't? Also one or two have been quite threatening in the tone of the letters stating although it isn't enforceable they will still  pursue the debt with debt collectors. My next DMP is due on 10th January and the more I pay them the less we have available for full and finals. It's really annoying because we've already offered f&f amounts which they have all refused. We've been on this DMP for 10 years now and it's like a huge weight that we can't get rid of, if we carry on with the DMP it will take us at least another 5 or 6 years to pay it off. 
    To add to advice already given... with regards to this point, you should stop paying.  They have not provided you with proof of enforceability as yet, but of course that doesn't mean the debts have been written off and they will, as they have said, keep contacting you for payment.  Until they provide the required documents you can stop paying and ignore requests for payment - they will eventually either find the paperwork or they won't and you can continue to ignore them or start offering F&Fs.

    Once you have started down the CCA route its a waiting game - but if you keep paying them they will keep taking your money.
  • ditty1234
    ditty1234 Posts: 2,118 Forumite
    Sixth Anniversary 1,000 Posts Name Dropper
    ditty1234 said:
    Hi so I finally received a letter from ex natwest card debt, now intrum, with their proof of credit agreement. There is a box ticked in the corner that it is a signed document? Is that enough evidence? Should I just start paying it? I don't want to get in trouble, but for all I know they could have just made it up, as there is no actual signature.
    A CCA agreement must contain your name and address details, the financial details pertaining to the agreement, it does not need a signature to be valid, you need to be a bit more specific about what you have been sent.
    Thank you I think it does have that, I'll have another look this afternoon. Thanks @sourcrates
    Isa help to buy: 1000/3000 33%
    Emergency fund: 100/1000 10%
    Weight loose 8.6 kg - while having fun. 0/8.6 0%
    Focus debt to clear HSBC £10/1111, 0% updated May 25
  • funny_bunny
    funny_bunny Posts: 51 Forumite
    Second Anniversary 10 Posts Name Dropper Photogenic
    edited 4 January 2022 at 4:31PM
    jwil said:
    Still suffering badly from depression and finding no relief. Most of my debts are now with PRA, one with wescot and one with the Nationwide. my DMP is with Stepchange and has nearly 26 years to run.
    I'm worried now that my energy bill has gone up by another £30pm after a previous £20pm raise even though my supplier has gone bust. I'm told my new supplier might have even a higher rate. Petrol (When I can get it) has been steadily going up. Neither energy or Petrol are at my budgetted sum any more.
    I am hoping at some point in the next 3 years I will be able to make some F&F offers but I'm hearing that PRA dont really go in for F&Fs. However, Stepchange have suggested at my last review that my DMP is going to run for so long Bankruptcy is their recommended action. I dont want to give up my house so I dont want to go down that route.
    Although DMPs are meant to bring some relief, I continue to really struggle with my mental health.
    All that is a very long run up to my question - Does anyone have any experiences to share with regard to PRA? Do they ever go in for F&Fs? Do they ever sell their debts on? I get the impression PRA business model is to buy up bbad debt for the long haul.
    Im frightened (Pathetic isnt it , a 58yo man frightened) to call Strepchange and see if the budget can be changed - my debt free date would then be even further away. I hate my life , its barely worth living
    I've been on a dmp since 2015, and until last year, was only paying £1 a month to each of my debts.  With my starting debt at £35k +, I was never going to clear them, however, I ignored that and hoped that eventually I would be in a position to settle.  I did settle one debt with PRA at 35% ish, but that was an unenforceable one.

    Like you, I have a house and don't want to risk losing it.  My creditors have never queried my I&E, even though I've been paying £1 a month for years.  I am self managed and use NEDCAB https://nedcab.cabmoney.org.uk/dmp.asp.  Every 6 months or so I get a letter asking me to update my I&E and I do so.  I'd really recommend going self managed, it's no more work than doing it through stepchange, and you don't have to explain your situation or your choices to anyone.  If you need to change your payments, just write to the creditors, include an I&E and tell them the new monthly amount.  NEDCAB give you all the template letters, you just print them off and post them.  I haven't spoken to any of my creditors, it's all done in writing.  

    You won't be the only one struggling with the increases in bills, they will have loads of people in this situation at the moment.   I agree with the others, put your payments down to a minimum, save what you are currently paying, and ignore your DFD.  Once 6 years pass from the date of your defaults, the debts will be off your credit report so the only ones who know you owe will be you and the DCA.  If you keep your payments as low as possible, you can save for F&F, and also have a bit of a life, don't feel you have to stop everything to repay your debts - you are in it for the long haul, you need to live as well.  

    Do you correspond with creditors with letters by post or do you use emails too?
  • jwil
    jwil Posts: 21,841 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    jwil said:
    Still suffering badly from depression and finding no relief. Most of my debts are now with PRA, one with wescot and one with the Nationwide. my DMP is with Stepchange and has nearly 26 years to run.
    I'm worried now that my energy bill has gone up by another £30pm after a previous £20pm raise even though my supplier has gone bust. I'm told my new supplier might have even a higher rate. Petrol (When I can get it) has been steadily going up. Neither energy or Petrol are at my budgetted sum any more.
    I am hoping at some point in the next 3 years I will be able to make some F&F offers but I'm hearing that PRA dont really go in for F&Fs. However, Stepchange have suggested at my last review that my DMP is going to run for so long Bankruptcy is their recommended action. I dont want to give up my house so I dont want to go down that route.
    Although DMPs are meant to bring some relief, I continue to really struggle with my mental health.
    All that is a very long run up to my question - Does anyone have any experiences to share with regard to PRA? Do they ever go in for F&Fs? Do they ever sell their debts on? I get the impression PRA business model is to buy up bbad debt for the long haul.
    Im frightened (Pathetic isnt it , a 58yo man frightened) to call Strepchange and see if the budget can be changed - my debt free date would then be even further away. I hate my life , its barely worth living
    I've been on a dmp since 2015, and until last year, was only paying £1 a month to each of my debts.  With my starting debt at £35k +, I was never going to clear them, however, I ignored that and hoped that eventually I would be in a position to settle.  I did settle one debt with PRA at 35% ish, but that was an unenforceable one.

    Like you, I have a house and don't want to risk losing it.  My creditors have never queried my I&E, even though I've been paying £1 a month for years.  I am self managed and use NEDCAB https://nedcab.cabmoney.org.uk/dmp.asp.  Every 6 months or so I get a letter asking me to update my I&E and I do so.  I'd really recommend going self managed, it's no more work than doing it through stepchange, and you don't have to explain your situation or your choices to anyone.  If you need to change your payments, just write to the creditors, include an I&E and tell them the new monthly amount.  NEDCAB give you all the template letters, you just print them off and post them.  I haven't spoken to any of my creditors, it's all done in writing.  

    You won't be the only one struggling with the increases in bills, they will have loads of people in this situation at the moment.   I agree with the others, put your payments down to a minimum, save what you are currently paying, and ignore your DFD.  Once 6 years pass from the date of your defaults, the debts will be off your credit report so the only ones who know you owe will be you and the DCA.  If you keep your payments as low as possible, you can save for F&F, and also have a bit of a life, don't feel you have to stop everything to repay your debts - you are in it for the long haul, you need to live as well.  

    Do you correspond with creditors with letters by post or do you use emails too?
    I do it all by post.  I'm sure others use email.
    "If you can dream it, you can do it". Walt Disney
  • Hi , I’m still waiting on my defaults so far just 1 have sent me a notification of their intention . Another however has reduced the interest on my account to 0% to help me get out of the debt and help reduce payments to the minimum possible. My question is this , has anyone received such offers before ? It seems appealing but wondered if this would be considered an arrangement payment if I start to pay with an amount suitable to my budget and then be marked as such on my credit file . Trying to work out if my better off holding out on paying anything until I receive the defaults . Thanks in advance and happy new year .
  • jwil
    jwil Posts: 21,841 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Hi , I’m still waiting on my defaults so far just 1 have sent me a notification of their intention . Another however has reduced the interest on my account to 0% to help me get out of the debt and help reduce payments to the minimum possible. My question is this , has anyone received such offers before ? It seems appealing but wondered if this would be considered an arrangement payment if I start to pay with an amount suitable to my budget and then be marked as such on my credit file . Trying to work out if my better off holding out on paying anything until I receive the defaults . Thanks in advance and happy new year .
    It will almost certainly be marked as an arrangement to pay and so will stay on your report for 6 years after you clear the debt.  There is also a risk that at some point in the future they decide to start charging interest again.  A default will stop all interest permanently and remain on your report for 6 months from the date of default.  You might have to wait a while for the default though.

    If it's a small debt that you could clear in a few months then it may be worth considering, but if it's a debt you are in for the long haul with then it's probably better to hold out for the default.
    "If you can dream it, you can do it". Walt Disney
  • Thanks much appreciated I will hold on for the default . 
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