Sneeky Sneeky Mbna Help!!!!

stebiz

nirelandguy wrote: »

No they havent, will they?

Okay here is my thinking. You pay the £200 back. In the meantime we write to the other 7 creditors, using the template requesting a copy of your Consumer Credit agreements. This will bide you some time. The chances are that out of the 7, several will have either no agreement or unenforceable ones. We can then advise them accordingly. The other remaining ones will need to be advised that you are now looking after your own finances and that you will provide an income/expenditure in each case and agree on a monthly fee with them.

If the remaining creditors do not come to an agreement with you (and most do) then at this stage they will apply to the court for a judgement. This will make it difficult to get credit in the future - however the fact that you have already defaulted on 7 credit agreements will normally mean your credit rating is 'shot' anyway. You can then agree with the judge a reasonable amount to pay off each month.

So absolute worst case scenerio, in my opinion, is 7 County Court Judgements with a judge deciding how much you pay each month on each one. There is a drastic step that creditors could try and take and that is 'bankrupcy' but living in a rented house, they would need to be morons.

Stebiz

stebiz

Broken_hearted wrote: »

I don't see how it's fraud if they sent you the card.

If you were to use a card with no intention of paying the money back or not able to pay it back??

Stebiz

rayday2

I really don't think that is terribly good advice I certainly would not want to get 7 CCJ's! Also if they were sent a new credit card is it possible they did not sign a credit agreement if not, then that would be the one to ask a copy for.

You can run your own DMP if CCCS will not help you and carry on as you have been, just manually send the payments to each company, and wait to see what they say. The national debthelpline website has template letters to send, even a budget calculator to send out and honestly its very easy.

wilkster5

Hi i'm not being nosey i'm genuinely ineterested, as i'm unaware of the laws/rules on DMP. People seem to be taking this quite seriously. Is it illegal to obtain more credit etc if on a DMP. I'm not on one but my friend is and he has just got a credit card too with capital one!!

rayday2

I am not so sure its a legal thing but if you use a proper company (I do my own) then you sign some sort of agreement that you will not undertake anymore finance. Which they then use for bargaining with suspending interest etc so its more of an ethical thing. Also if you break it then the charity may not represent you, which I believe is the stance CCCS are taking in this particular case.

But really anyone on a DMP obtaining new credit is abusing the system in a way and not helping themselves in the long run, its better to learn to live without credit.

System

This sheds more light on it, I phoned debtline again and explained they said, becuase I was not told about the credit card its an issue for trading standards because my wife was asked if she wanted to upgrade her account she said yes, she was never told anything about a credit card, yes we shouldnt have used it and this is our fault but still we never requested it.

stebiz

rayday2 wrote: »

I really don't think that is terribly good advice I certainly would not want to get 7 CCJ's! Also if they were sent a new credit card is it possible they did not sign a credit agreement if not, then that would be the one to ask a copy for.

You can run your own DMP if CCCS will not help you and carry on as you have been, just manually send the payments to each company, and wait to see what they say. The national debthelpline website has template letters to send, even a budget calculator to send out and honestly its very easy.

I don't think I ever said that getting 7 CCJ's was good advice. I told him what the worst case scenario was. What I suggested was checking with the credit companies to see if they have copies of any agreements (or in some cases assignments). He could pay the 7 card companies and may not even need to.
Before I would pay the 7 companies I would want to see

1) A copy of my agreement
2) A full breakdown of my account (including charges applied)
3) If it has been assigned a notice of assignment

THEN, AND ONLY THEN would I agree to pay £x per month, after going through and I&E form with them. IF this can't be agreed THEN let them take me to court.

I don't want you to read this the wrong way. I agree with some of what you have to say but I think you misunderstood me.

Stebiz

wilkster5

rayday2 wrote: »

I am not so sure its a legal thing but if you use a proper company (I do my own) then you sign some sort of agreement that you will not undertake anymore finance. Which they then use for bargaining with suspending interest etc so its more of an ethical thing. Also if you break it then the charity may not represent you, which I believe is the stance CCCS are taking in this particular case.

But really anyone on a DMP obtaining new credit is abusing the system in a way and not helping themselves in the long run, its better to learn to live without credit.

Totally agree, to me it defeats the purpose of being on a DMP. I think they are great for people who are struggling, (and i'm not having a go at the original poster-because £200 is hardly alot, especially at Xmas) to help them get buy, but as my friend is doing continuing to rack up more debt is making the problems lworse, he says he has to spend on his credit card to live ,Like food etc, but I have told him if he continues he will eventually be heading down the B/R route.

rayday2

Wise words wilkster - but some people never get finances its like flogging a dead horse. My MIL was widowed left with a house mortgage free and a pretty good pension, she wracked up debt ended up with a loan, we said take it as a sign stop spending! She wracked more up ended with a mortgage we begged her and this time she had learned her lesson. She wracked up more debt ended up downsizing, again please learn your lesson - yes got it now! Then she ended up more debt, loan etc. Finally she has signed her house over to one of these equity plans, and still guess what, she has credit cards and loans and living hand to mouth - this year we fear the worse and not sure what can come next!

rayday2

nirelandguy wrote: »

This sheds more light on it, I phoned debtline again and explained they said, becuase I was not told about the credit card its an issue for trading standards because my wife was asked if she wanted to upgrade her account she said yes, she was never told anything about a credit card, yes we shouldnt have used it and this is our fault but still we never requested it.

You may be quicker putting an official complaint into the company and state what you have said.

Also mention the fact it was a vunerable time Christmas ( I don't suppose any purchases could have been classed as "needed" could they??)

Also maybe request a copy of the signed credit agreement, stebiz seems to know more than me about it, but if it was verbal over the phone you can argue you had no idea it was a credit line, also they may not be able to provide signed paperwork unless you did get something to return via the post. If there is no signed paperwork then it is not law enforceable.

As a goodwill if they don't prosecute and this bit is up to you you could offer to include it in your DMP.

Please try to speak again with CCCS see what is happening with your other creditors you must not let them go without payments. If CCCS will not continue to handle your DMP it coudl be down to you for a while but there is plenty of support on the board for that but you need to see where you stand!