DMP Mutual Support Thread (Part Three)

tinkerbell12

smilealot wrote: »

Welcome shinyhead!

Here's a lesson from someone who thought they had this whole DMP business cracked... Check your statements carefully. I've been living in ignorance is bliss land, not looking at my statements closely because I know everything is ticking along with my DMP and only look properly at my active day-to-day bank account. I couldn't remember my security answers to access my statements online with Cahoot (don't do posted ones) so I kept forgetting to check them. Anyway, I finally got on today, over a year into my DMP to find out they've been charging me £30 per month in non-paid direct debit fees, so almost half of my payment to them per month is not going towards clearing my debt. I'm furious, as that means it will be 28 years before I b****dy well pay them off. How sneaky, as I'm postive they said at the outset that they wouldn't charge me interest, but I suppose they're getting away with it by calling it a "fee". So, I'm now £390 more in debt with them than I thought. I've emailed them and Payplan but everywhere is shut for Easter and it's really brought my mood down. Can't believe it's happened. I know it's not the end of the world, but I thought everything was sorted

Smilealot,

Sorry to hear your bad news with Cahoot - It is interesting as we banked with Cahoot for the last 8 years and they so rubbish that we have finally had enough and moved account. They would charge us £30 for going 1p over our o/d limit and messed up our dds on more than one occasion causing charges elsewhere which they refused to pay us. The staff were unhelpful, contradicted one another and we TOTALLY had enough!!

I am not at all surprised that they have done this - I would get onto them after the bank holiday and ask to speak directly to a manager - I used to find them slightly more helpful!

I know we sign up to their T&Cs but aren't their charges horrendous?!

tinkerbell12

shinyhead wrote: »

Hi tinkerbell12,

It probably will. Even though you're on an agreed DMP some companies issue a default notice anyway. I take it your payments are less than the usual minimum.

Must think up a signature!!

Yes our payments are less but only about £30-£40 less for each creditor which is probably why they are being more helpful. I suppose the only real way to find out is by getting a report sent to us in about 6 mths and see what it says!

facingit

Hi everyone, im new on here but have been reading your posts over the weekend with interest. Myself and my husband are about to start a dmp and just wondered if any one could tell what is likely to happen with each company once the dmp starts. I owe to mint, hsbc (loan and cards) barclays, capital one, debitas and currently sky card have passed my debt on and i have just recieved forms for a ccj from the courts. Are they likely to accept the reduced payments from your experinces? Also this may seem a silly question but are there any restrictions on travel when a dmp is in place? Thanks.

Bigdi

Welcome facingit! Are you with PP or CCS or doing it on your own? I am with PP and they have been fab. It has been a difficult 4 months but apparantly that is fairly normal. Lloyds and GF were the worst chasing me for cc payments but Lloyds have now accepted. I haven't had phone calls from any of them for about 4 weeks now, just some post from HSBC who, along with GF have not accepted my offer but at the same time have not declined. Lost track of how many of them have defaulted me but in my view if just one does it they may as well all do it! I don't ever want any credit again. Just the mortgage will do fine. The problems seem to arise when one computer doesn't talk to the other and more letters than are necessary are generated. MBNA have said they won't accept the offer but have stopped interest. Strange, but seems to be no cut and dry rules. You have done the best thing be assured. Never forget, you haven't murdered anyone and haven't committed a crime, just stick with it and look forward to being DF!

epiphany_2

Hello again all,

I posted a couple of weeks ago after receiving court papers from Northern Rock despite all other creditors accepting our DMP with CCCS. We had a loan amount taken in June 2000 that was the unsecured part of our Together mortgage at that time. It was for £26,200.

When we moved it became a standard loan (Sept 2004) and we have been paying it every month until November last year when we entered a DMP with CCCS. NR refused and served papers.

On advice from here we decided to defend part of the claim. They are saying we owe them another 29,000+ although we have paid back more than we borrowed already. We have requested an SAR and sent our forms back to the court.

I am now trying to write our defence and as we have not yet received the information from NR it is difficult for two reasons.

1) The information put in the particulars of the claim by Wallers (NR solicitors) are incorrect. They are stating we took out the agreement in October 2002 which is rubbish. They do not give any claculations for the payments other than we agreed to pay them £329 per month and that the interest rate was 5.96 when we took out the loan. However the amounts have changed a lot over the seven years we have been paying it and the apr went up once we changed mortgage. Do I have the right to defend the claim based on the fact their details are wrong as I don't yet have the correct details from them as yet?

2) I am told that any unsecured loan over £25,000 is not covered by the Credit Consumer Act and so I am unsure as to how this affects their claim against us or our defence towards them.

Can anyone help me with this? I am running out of time but trying to read legal stuff has me running round in circles! I'm worried the CCJ stuff is going to low or whole DMP apart if they rule we have to pay more than we can.

Do I need a solicitor?

Thanks,

E

Bigdi

Sorry Epiphany, can't help you. All I know is that I have a Together mortgage with NR and when I entered our DMP with PP last November I was advised to not put it in with the DMP because NR would just automatically turn it into a secured loan. Don't really understand the thinking behind that but there you go. What legal action are they threatening you with?

epiphany_2

Hi Bigdi,

They are trying to take out a CCJ on us with a view to getting a charging order on our house. We don't have a mortgage with NR anymore hence it now being a loan in it's own right and in the DMP.

It's all incredibly stressful and as clear as mud!

E

shinyhead

Hi epiphany,
How long have you got before having to go to court?

Have you used the form in the CC summons asking for more time?

epiphany_2

shinyhead wrote: »

Hi epiphany,
How long have you got before having to go to court?

Have you used the form in the CC summons asking for more time?

Hi there,

I don't know how long it is til we actually go to court. We had a deadline of the 11th to acknowledge the court papers and fourteen more to build a defence. I don't know if this means calendar dates or working days so I am aiming to send the defence back this week but have not received the SAR info from Northern Rock yet.

I'm not sure how to defend based on the particulars of the claim being wrong but not having had the info back. What will the court expect us to do and will they go off the incorrect info if we are unable to prove otherwise?

E

shinyhead

Hi again epiphany, we're duplicating our efforts here. Shall we keep it on the thread you've set up to deal with this alone?