Getting on top of it all

robinsonad86

Hi I have been in a DMP with PayPlan since February 2019 with a number of accounts on there. Unfortunately at the time I entered into the DMP I didn't know I should stop all payments and build up a fund then start my plan with hindsight it would have been so much better if I had known this and not just followed PayPlans advice.

I currently pay around £125 a month, but I am thinking of changing my budget and knocking it down to around £20-£25. This would allow me to save the extra £100 each month. I have a couple of accounts where in a couple of months I would be in a position to use the money saved to either pay them off in full or offer F&F's whereas with what they are receiving from the DMP they would still be years away from being cleared. Is there any reason that I can't do this? For example could PayPlan reject my updated budget?

Also I have never sent any "prove it" letters to any of the companies to make sure they have the relevant paperwork. Am I able to do this even though I have been making payments?

Finally 99% of my accounts show as default with the majority starting 3-6 months after I began the DMP. There are a couple that took around 18 months to 2 years to default, i wrote to the relevant companies in February asking them to change the default date as it would take longer for my credit history to recover but heard nothing back so I will be getting back on to these. Aqua only defaulted me 2 months ago so I will be asking these to change it also as it would be 6 years from now to disappear as opposed to less than 3. I have seen reports where requests have been taken to the ombudsman who has ruled in favour of the debtor. Has anyone had success just from contacting the companies or will it normally go to appeal?

I hope this makes sense and any and all advise is appreciated on any of the subjects raised. 

sourcrates

Payplan may or may not accept your new budget, if they don`t is there any reason why you cannot go self managed, its not difficult ?

You are free to do anything you choose, a DMP is an informal arrangement.

You can make CCA requests (don`t send provit letters) to any relevant creditor, at any time, it is one of your statutory rights, doesn't matter if an account is ignored/paid whatever, the only stipulation is that a balance remains on the account.

FCA guidelines state that a default should be added to an account after between 3/6 missed contractual repayment`s.
To have a default backdated, you must submit an official complaint, in writing is best practice.
Creditors have (usually) 8 weeks in which to issue a final response, but can take longer.

Only after that final response has been received, can you escalate the matter to the FOS, should you decide too, they will then decide the matter based on fairness to both parties.

robinsonad86

Thans for the reply. No there is no reason why I couldn’t self manage I guess I just prefer that they have set the payments up for me but it would be no issue if I have to do it myself. Part of me is wanting to just set everyone to £1 a month and leave it at that but also worry if there would be consequences.

I will get CCA requests done today does it still stand that I need to include a £1 postal order for each request?

I did send two requests relating to the defaults in February one to Tesco and one to Newday loans but neither replied I will try once more before escalating

robinsonad86

Just wanted to post a quick update ad maybe seek some more advice. I am going to list my accounts below.

Lendable opened November 2018 now with Intrum with a balance of £6284.36. Defaulted March 2022. (Really wish i hadn't opened this was trying to bury my head in the sand and consolidate)

Tesco CC opened December 2016 now with Intrum with a balance of £349.10. Defaulted April 2019

Newday Loan opened March 2018 now with Link Financial with a balance of £1889.43. Defaulted November 2020

Capital One CC opened February 2015 now with Lowell Financial with a balance of £656. Defaulted December 2019

Very opened September 2015 now with NCO Europe and a balance of £979.08. Showing as arrangement to pay

Aqua CC opened January 2016 now with Newday and a balance of £2288.40. Showing as a delinquent account

Barclaycard opened April 2016 now with PRA and a balnce of £259.51. Defaulted March 2019

Yorkshire Bank CC opened January 2017 now with Virgin Money and a balance of £328.40. Defaulted May 2021

I have sent all of these CCA requests so my first question is regarding the likelihood that any of the agreements may have gone missing?

Second question I was thinking of trying to pay off the lower amounts first but would I be better saving a bit longer and making offers to the larger amounts?

Finally I am going to contact any accounts that defaulted after 6 months of me going into DMP and again try to have the dates altered in line with the rest and the FCO guide. Is there any chance I could get the Very account changed from an arrangement to pay to a default? Also how would the best way to proceed with the account showing as delinquent?

Thanks in advance for any help

sourcrates

As your accounts are all fairly recent, and I assume they were taken out online, then digital copies should not be hard to produce.

CCA is best used as a tool to decide on older paper agreements enforceability, but you never know do you.

You can make settlement offers as and when you see fit, its your choice.

Make your complaint about the timing of the defaults, they should be within FCA guidelines, any delinquent account push for the backdated default.

robinsonad86

Thanks Sourcrates one quick question who should I make out the Postal Orders to? The creditor or who owns the debt now?

Rob5342

It's always to whoever owns the debt now.

robinsonad86

Thanks Rob.

I have one final question (for now anyway) regarding the defaults where I want to request the dates being changed. I have already written to a couple of companies earlier this year and had no replies. Would I be able to send this request via email or should it really be in writing?

sourcrates

robinsonad86 said:

Thanks Rob.

I have one final question (for now anyway) regarding the defaults where I want to request the dates being changed. I have already written to a couple of companies earlier this year and had no replies. Would I be able to send this request via email or should it really be in writing?

Your not requesting anything, if you want to get a response, you must make an official complaint, anything else will just be ignored, follow the particular companies complaints procedures.

robinsonad86

Quick update that might save people a couple of quod. Today I had two of the postal orders returned (I assume I can cash these in and get the £2 back) NCO state they no longer charge for CCA requests and PRA state their client (in this case Barclaycard) no longer charge either.

No paperwork has been produced yet by any company but it has only been a week

feelsfeels

robinsonad86 said:

Thanks Rob.

I have one final question (for now anyway) regarding the defaults where I want to request the dates being changed. I have already written to a couple of companies earlier this year and had no replies. Would I be able to send this request via email or should it really be in writing?

Hi Robinson,

Do you have a template for requesting that the defaults be backdated?

Have you heard anything back from any of those companies?

Thanks