DMP mutual support thread part 13 !!

sourcrates

bamgbost said:

Firstly, I have 2 lenders that have defaulted me with regards to an overdraft.

When i entered a DMP, they wrote to me with a default notice. saying i had X days to make full payment or they default me. And they proceeded to default me.
Im confused as  I thought i had to be 3 months in arrears.

I get the bank has the right to remove overdraft at their discretion, but i  had always paid my overdraft and fees with no issues. So for them to instantly demand it paid within 14days or default i thought was a bit extreme. DO I have any right to challenge the default as being unreasonable?

Secondly, I am in arrears with a credit union. They too are part of my DMP. They are unhappy with the amount being given to them by stepchange. approx a 1/4 of the contracted payment. They have said (by phone) that unless I make the contracted payment they will do an "attachment of earnings" via court to get their money. Are they allowed to make such threats? And will the courts action such when I have an income/expenditure via stepchange saying i cant afford to do more. Are they just trying their luck?

An overdraft is repayable "on demand" a fact made clear in the bank's terms and conditions.

Credit unions may push for legal act yes indeed, its every creditor`s right to do so, however there are strict rules about how much can be deducted from wages, so they may not be any better off for going down that route, so yes it could be a threat, or they may be serious, but they have every right to inform you of their possible intentions.

As you are in debt management, it was bound to happen, surely it must have been explained to you that defaults/late payment/or arrangement to pay markers would be par for the course if you undertook such an arrangement?

Hols2021

Hi, 

I’m just looking for a little advice, I received an email from Resolvecall working on behalf of Cabot re a credit card that has now defaulted. So far I have a managed to set up two payment plans with Cabot for other defaulted accounts but have never heard of the above before so I am assuming I would just make a payment plan up through them? 

Resolvecall have said Cabot will be willing to offer a discount to settle the balance but I doubt I will be able to afford this but I have asked anyway. 

My husband has a loan with the credit union like the last persons post, they keep emailing my husband asking him to contact them. 

I do not know if CU follow the same steps as banks etc by defaulting you and I am just wondering if anyone could give us some advice? He doesn’t want to set a pp up yet as this AP marker will stay on his credit file for a much longer time than a default would but we are worried that if we don’t make contact they may start court proceedings. Any advice would be appreciated. Thanks 

sourcrates

Hols2021 said:

Hi, 

I’m just looking for a little advice, I received an email from Resolvecall working on behalf of Cabot re a credit card that has now defaulted. So far I have a managed to set up two payment plans with Cabot for other defaulted accounts but have never heard of the above before so I am assuming I would just make a payment plan up through them? 

Resolvecall have said Cabot will be willing to offer a discount to settle the balance but I doubt I will be able to afford this but I have asked anyway. 

My husband has a loan with the credit union like the last persons post, they keep emailing my husband asking him to contact them. 

I do not know if CU follow the same steps as banks etc by defaulting you and I am just wondering if anyone could give us some advice? He doesn’t want to set a pp up yet as this AP marker will stay on his credit file for a much longer time than a default would but we are worried that if we don’t make contact they may start court proceedings. Any advice would be appreciated. Thanks 

Yes, looking at their website you can make payments to them, Resolvecall are just collecting this debt on behalf of Cabot, sometimes companies like Cabot farm accounts out for others to collect, so nothing sinister there.

Legal action cannot commence until after an account has defaulted, the beginning of this process starts with the issuing of a default notice, usually after between 3-6 missed contractual repayments.

Normally after this has expired, and not been paid, the account would work its way through the debt collection process, however, as I said above, some credit unions will take action against you at this point, so you need to be on the ball to avoid a CCJ.

Hols2021

sourcrates said:

Hols2021 said:

Hi, 

I’m just looking for a little advice, I received an email from Resolvecall working on behalf of Cabot re a credit card that has now defaulted. So far I have a managed to set up two payment plans with Cabot for other defaulted accounts but have never heard of the above before so I am assuming I would just make a payment plan up through them? 

Resolvecall have said Cabot will be willing to offer a discount to settle the balance but I doubt I will be able to afford this but I have asked anyway. 

My husband has a loan with the credit union like the last persons post, they keep emailing my husband asking him to contact them. 

I do not know if CU follow the same steps as banks etc by defaulting you and I am just wondering if anyone could give us some advice? He doesn’t want to set a pp up yet as this AP marker will stay on his credit file for a much longer time than a default would but we are worried that if we don’t make contact they may start court proceedings. Any advice would be appreciated. Thanks 

Yes, looking at their website you can make payments to them, Resolvecall are just collecting this debt on behalf of Cabot, sometimes companies like Cabot farm accounts out for others to collect, so nothing sinister there.

Legal action cannot commence until after an account has defaulted, the beginning of this process starts with the issuing of a default notice, usually after between 3-6 missed contractual repayments.

Normally after this has expired, and not been paid, the account would work its way through the debt collection process, however, as I said above, some credit unions will take action against you at this point, so you need to be on the ball to avoid a CCJ.

Thank you Sourcrates, my husband emailed the CU last night to ask them what his options are? I’ve seen a few comments on here from people going back years though saying they are taking money out their wages and we don’t want that we’d rather set something up. 

The loan has never showed on his CF though which is a bit odd but I’m sore if he manages to set something with them up it will appear then. 

He got a letter this morning from Droyds Debt collectors re a La Redoute account, I’ve never heard of them but it says we need to pay the acc in full or set up a payment plan but no default is showing yet on his CF, I’m assuming we do what we’ve done with the other ones and ignore it until a default has been added? 

Thanks 

Hols2021

We got a reply from the CU this morning saying usually if we entered into a DMP we would include them too and can they have the contact details for the debt adviser we are dealing with, I had to advise them we are doing it self managed, I hope this doesn’t go against us but they may ask why we never went through SC or CAB? I said we took advice from them initially but decided we’d rather deal with our creditors directly and so have been setting up payment plans with them, I hope I’ve said the right thing I’m just a little unsure how to deal with them as they’re not a bank, I am doing this myself as by husband is burying his head in the sand and I don’t want it going to court because we’ve not co operated with them 

Harveyhelp

Hi all

wondering if anyone can offer me some
advice. I put a complaint in to creation finance for irresponsible lending. A storecard was taken out with them in January 2002 with a credit of £400 and at the time I wasn’t working. The total interest over the years went up to £2000+ when they stopped applying interest in may 2009. I still owe £1000 on this though it’s now been passed to a debt collector last year 

today I got their response 9 weeks after the complaint and they have dismissed the complaint saying “On the basis that the events you are complaining about occurred more than six years ago and you should reasonably have been aware that you had cause to complain more than 3 years ago, we are dismissing the complaint without consideration of its merits in line with the FCA’s DISP Handbook Section 1.8.” 

Is it worth me taking this to the Onbudsman? I didn’t know I had grounds to complain until recently 

any advice would be appreciated 

thanks 

sourcrates

Harveyhelp said:

Hi all

wondering if anyone can offer me some
advice. I put a complaint in to creation finance for irresponsible lending. A storecard was taken out with them in January 2002 with a credit of £400 and at the time I wasn’t working. The total interest over the years went up to £2000+ when they stopped applying interest in may 2009. I still owe £1000 on this though it’s now been passed to a debt collector last year 

today I got their response 9 weeks after the complaint and they have dismissed the complaint saying “On the basis that the events you are complaining about occurred more than six years ago and you should reasonably have been aware that you had cause to complain more than 3 years ago, we are dismissing the complaint without consideration of its merits in line with the FCA’s DISP Handbook Section 1.8.” 

Is it worth me taking this to the Onbudsman? I didn’t know I had grounds to complain until recently 

any advice would be appreciated 

thanks 

No, your far too late, you have six years in which to bring a complaint, its time barred now unfortunately.

Hols2021

Hi, Can I ask my husband has a credit card which we are waiting to default so a number of missed payments have been noted on his credit file but now the account has disappeared? I know with other ones they have been taken off his CF then re appeared under the debt collection agency? But this one hasn’t? Does anyone know why this is? 

tinybull

I am now over a year on a self managed DMP and paying each creditor except for one. They been sending me letters telling me that my account is in arrears but has yet to send a default notice or sell on the debt.

I have drafted this letter with help from posts in this forum to see if the would consider default my account asap and possibly backdate it. Let me know if it looks okay.

Dear Sir/Madam

I have checked my credit report and I have noticed that you have not defaulted my account despite that my account is in arrears for more than 6 months. I want to start my debt management plan, but I need the account to default first so that there can be a clear 6 year window until my credit file recovers.

I am sure [bank] is fully aware of the Information Commissioners Office Guidance on defaults and the need for defaults to be placed within a reasonable time, usually no more than 6 months after the account has fallen into arrears. All my other creditors have treated me fairly and defaulted me within 10 months following the first missed payment. 

The fact that a default has not yet been registered places me at a distinct disadvantage in relation to the provisions of the Limitation Act 1980 in the had [bank] acted in accordance with ICO guidance and registered the default promptly.

I would ask [bank] to consider amending my record and recording a default to within the guidance time scale i.e., within 6 months of the date of the last contractual payment made to the account. 

I reserve the right to make a complaint to the ICO and a report to the FCA regarding the conduct of [bank] in this matter.

I look forward to hearing from you as to whether you are willing to amend my records and mark the account as defaulted at the correct time.

Yours faithfully

Feel free to use it.

sourcrates

tinybull said:

I am now over a year on a self managed DMP and paying each creditor except for one. They been sending me letters telling me that my account is in arrears but has yet to send a default notice or sell on the debt.

I have drafted this letter with help from posts in this forum to see if the would consider default my account asap and possibly backdate it. Let me know if it looks okay.

Dear Sir/Madam

I have checked my credit report and I have noticed that you have not registered a default on my account, despite the fact it has been in arrears for more than 6 months.

I want to start my debt management plan, but I need the account to default first so that all interest and charges stop, and there can be a clear 6 year window until my credit file recovers.

I am sure [bank] is fully aware of the Information Commissioners Office Guidance on defaults and the need for defaults to be placed within a reasonable time, usually no more than 6 months after the account has fallen into arrears. All my other creditors have treated me fairly and defaulted me within 10 months following the first missed payment. 

I would ask [bank] to consider amending my record and recording a default to within the guidance time scale i.e., within 6 months of the date of the last contractual payment made to the account. 

I reserve the right to make a complaint to the ICO regarding the conduct of [bank] in this matter.

I look forward to hearing from you as to whether you are willing to amend my records and mark the account as defaulted at the correct time.

Yours faithfully

Feel free to use it.

Just amended it slightly.

The limitation act is not applicable in this matter, and the FCA don`t take individual complaints, but the rest of it sounds ok.