Sleep managing hsbc hesitant blip help

Winkflower

Hi all,
My husband and  ibad debts of 42k and in 2022 started a dmp for 18 creditors. 
We didn't read this forum and didn't know aobut waiting for them to default but we through sc in 2022
This year we requested ccas, SC kindly put the creditors 5 x link on hold while we waited for them back. Then we got them back bur consequently it all got in a bit of a mess.
We decided to leave and self manage and emailed sc several times as  I hate calls but they continued to write to creditors and tell them we would pay the late for amounts when total amount was spread over the 7 remaining creditors even though we had had th either 5 backs there qwre 12 to pay
For the last 3 months have just paid them all myself but lower amounts of what is affordable.
I tohught sc was cancelled but they've notified us this week they are canceling the plan, unfortunately after again writing to the creditors saying we'd pay the lager amounts based on 7 creditors not 12

Anyway,
My largest creditor is for hsbc for a loan that was 18k and is now 5,600.
It has defaulted ages ago.
I can afford to paay them £30 a m0kth and have been doing so for 3 months.

They've called at work yesterday and I said I couldn't talk but they kept trying, then in the p.m and then beofre 9a. This morning.

They are expecting the larger amount sc has advied them this month based on the 7 creditors despite the fact that I've paid them for the last 3. The arrangement in place is based on their sum.

My question is I'm not sure what to do about them
It's defaulted and I don't want a ccj.
I said I didn't want communication by phone by email only and she said she'd send an I and E form by post.
But also then that I'd get a call in 4 weeks if I've not done it bur  isaid I don't want calls, so she said she'd put I'm not wanting contact but I said emai lis fine or letter bur they don't do it by email apparently 

She said she'd cancel the plan in the meantime and to not make payments but  was trying to understand the implicat8ons of that and said can't  I just keep paying the £30.

So then she said I'll put that you want to keep paying then but will send the form.

So now I'm a but lost as was cruising along paying them all and feeling good about self managing but now feel a bit overwhelmed as thawt is my largest debt.

I know I'd get a letter beofre action but don't know what to do for the best.
Shoudk I pay or not pay, fill in the income and expenditure or not? I'm not aiming for a defualt as have already got one. But should I not pay it and hope for it to be sold for maybe a full and final down the line? I just don't know what to do. Maybe they wouldn't sell it and would go for a ccj?

The others are gping along OK. Down from 18 creditors to 13 and partially satisfied next last month which was defaulted anyway so now 12 creditors but the hsbc one worries me.

My other creditors are 5 x link, 1 x Westcott , 1 x moorcroft, 1 x lowell, , 1 hsbc OD,  2 x very 
3 of the link (Marbles and aqua) haven't defaulted, very 0nes are arrangement to pay, os a but of a mess 3 years down the line but rest are defaulted.

Thanks so much for any help  and advice

Wx

ManyWays

Sorry this paragraph wont help you, but may help anyone else with a DMP in progress who wants to ask for CCAs. This is absolutely fine, you do not have to do it through the DMP firm (they wont help and mildly disapprove but you dont need their permission.) If you get a reply saying the debt collector doesnt have the CCA agreement and will ask the lender for it, so the debt is currently unenforceable, do NOT ask the DMP firm to stop paying. A lot will turn up in the next couple of months. So continue paying through the DMP for another 2 or 3 months, then if the CCA has turned up, things just carry on as normal, if it hasnt you can feel more sure that it isnt likely to and ask the DMP firm to remove them from the DMP and then you stop paying them.  This is much less hassle and stress.  

You can have an argument with Stepchange as to why they didnt end your DMP when you asked them to,but this isnt going to help you now with the debts. The last thing you want is Stepchange complicating the situation more by writing to your creditors and "explaining" things. 

As to what you should do now, could we see a Statement of Affairs (SOA, this is an income, expenditure and debt sheet, the format we are most familiar with is here https://www.stoozing.com/soa.php):
- in the debts part, please include the current creditor name and the original lender eg Link/Barclaycard
- in the expenses section please put what your actual expenses are at the moment. You may later need a "smartened up" version to show creditors, but for now its a help to see the real amounts.
- please include the totals lines when you past it in here
- please say what you feel can manage to pay to the debts at present, ie what your would like the new payments to be. 

Just for the moment lets look at the overall situation, before we move onto immediate tactics in responding to HSBC.

When was the HSBC loan taken out?

Winkflower

Just to add- if they've cancelled the plan will they charge me interst again or ny late payment charges? Or not because it has defaulted? Just want to do what is best. Thanks

fatbelly

You are overthinking this. You need to completely blank stepchange. What they tell your creditors is up to them.

You pay what you can afford.

The only letter you need to respond to is a formal Letter Before Claim

Read this so that you know what one looks like and how to respond to it. You do not complete the income/expenditure part of it.

https://debtcamel.co.uk/letter-before-claim-ccj/

I am not saying that you should never give your creditors an I/E statement. Just that when you do, you format it, you choose what to include and what the figures are, and your pro-rata offers show that what you are paying them is justified by those figures.

It would be unusual for hsbc to start a court claim and the size of a debt does not correlate to what a creditor might do.

Winkflower

Thanks for your reply ManyWays. I have no 'complaint' with SC. They helped us a lot for 3 years and am grateful for them. So do not need to - nor will I need to worry therefore about what ever meant by that they will 'explain' things to my creditors- as you can say I already worry as it is! What would they be explaining ? That I'd requested ccas and they put some on hold for 6 weeks and then I'd cancelled?

When I requested the ccas, after helpful advice here,  sc advice was to put the credoris on hold for 6 weeks which they helpfully did. There is advice around generally that I'd seen that you don't pay them whole waiting for one but I'd totally agree with you about above now that creditors are expecting higher amounts.

Also my bad as should have called and assumed was cancelled after emails rather than not realising it had carried on and creditors were being promised a 7th still as opposed to 12th.

Anyway as I said they've been really.helpful but jav edecided to self manage.

Hsbc.was taken out in 2019 and was affordable at the time. It defaulted 2023.

My question I think is to pay or not pay in the mean time, full in or not fill in the I and E.
Whether ti's best at this point to let it be sold potentially or whether I'd just start to get charges and interest (although has defaulted) thanks all x

Winkflower

I requested the ccas myself- sc just put those creditors on hold until I recieved them back was the plan.

ManyWays

I dont disagree with what @fatbelly has said for the usual course of action. But at present we know very little about your situation and I dont like guessing.

One question is whether you should take the risk of ignoring HSBC's request for an I&E and hoping you never get a Letter Before Claim, as if you do and they have already supplied the CCA agreement it is not clear that you will have any defence to a court claim as there are no other documents to request. If your SOA shows you cant afford much and that is what you have offered, then there is little to lose by showing this to HSBC. 

Winkflower

In lieu of a SOA atm pur debts as follows.

Hsbc now hsbc repayment, was 15k now 5 6k
Link now was mbna, was 4.5k now 2.5k
Link was aqua was 4.1 now 2.4k
Link was fluid, was 4k now 2.2k
Westcott was natwest, was 4.5k now 2k.
Moorcroft, handled by was hsbc was 2k now 1.1k
Link was aqua, was 2k now 1.2k
Hsbc od was now 1.3k
Very arrange to pay was 2.2k now 800
Very arrange to pay was was 1.2k now 500
Lowell was 118 was 1.8, now 950
Link was Marbles was 1.2k now 500.

So have made good headway and making apyments and hoping to chip off bottom ones as go along.with full or partials but don't know how to proceed with hsbc. Have 200 is affordable for repayments

Thanks 

Winkflower

Thanks again manyways. The call just set off my anxiety and appreciate your help. Your advice to others re requesting ccas whilst on a dmp is good advice, mine just got over complicated.

ManyWays

how much have you offered HSBC and what were they being paid in the DMP?
were all the CCAs produced?
have you made any affordability complaints, the most likely candidates are any of the debts started in the last 6 years or had a limit increase in the last 6 years

Winkflower

£30, had been paying £100 ehich East working hence had done a review and requested ccas.
SC had offered £130.
£30 is affordable.
All 6 2019/2020 but were affordable at the time