DMP Mutual Support Thread (Part Three)

telboy99

Hi ukroseblue,
Well done on your DMP to date.You will get hiccups so dont be too disheartened.
I dont have a debt with Halifax but i suggest you chase Payplan who will write a letter/contact Halifax and try to reverse/stop the interest.There would be no harm in you personally also writing to Halifax and asking them to stop the interest.
Do you have an annual Payplan review coming up shortly? You may be able to offer them a little extra each month which may help to reverse their decision?
Good luck

compulsivespender79

Hi all,

Not posted for a while because everything has been going fine, until yesterday!
I got a credit card statement, and a request for minimum payment. That puzzled me because they have had their first payment through CCCS, and also issued a default notice. It appears that they have totally ignored any communication I or CCCS have sent them about the DMP. Is this normal?
Also, my debt with Lowell is in dispute (first and second CCA letters sent and received by them), but I have received absolutely nothing from them, not even an acknowledgement. They have had the cheek on two occasions to ring me (after three letters asking them not to), and when I said that I had written to them to ask them not to call they said they obviously hadn't received the letters. Fortunately I could give them two of the dates when their letters were signed for by them. Today a letter landed on my doorstep from them requesting full payment - What do I do?

CSx

geoffmr1

AmyV wrote: »

geoffmr1 wrote: »

the creditor will go for a CCJ & Charging order & you don't have to default for it to be granted. quote]

Hi Geoffmr

I don't understand this because on the HM Courts service - in their info to Creditors it states
"
You can apply at any time after you have obtained judgment. However, the judge who considers your application will not make an order unless the judgment debtor:

• has failed to pay the amount of the judgment when it was due; or
• has failed to pay one or more of the instalments due under the terms of the judgment. "

so how can they issue a charging order? or do you mean they can when it is a "forthwith" judgement?

Hi AmyV,

Yes I was talking about a forthwith judgement. Thats what a lot of creditors are now going for from the start (Citizens Advice actually warned me about this) because they don't want to accept token payments. Again unless there are special circumstances that the judge is willing to accept or you can offer very good monthly payments to the creditor it's pretty much a given they will get the forthwith judgement & then go for the charge. Obviously people who have already had their cases heard & are paying their CCJ's are safe from charging orders (unless they default of course). It's all us that are going through it now that have the problem.

There is no way around it, I would have to be very lucky on the day to get a judge to side with me but I'm well aware its about 95+% certain HFC will get what they want.

Oh well, nothing I can do. I just wish I could have a more relaxed personality so I could get on with my life without the constant worry. I've even gone back to dreading the post each day now, yet when I started my DMP 6 months ago all that worry had gone.

AmyV_2

geoffmr1 wrote: »

AmyV wrote: »

Hi AmyV,

Yes I was talking about a forthwith judgement. Thats what a lot of creditors are now going for from the start (Citizens Advice actually warned me about this) because they don't want to accept token payments. .

Hi GeoffMr - How do they manage to get a forthwith judgement though? Do the Courts not taking into account the Admission form and your Income and Expenditure?

One of my husband's creditors got it because they withheld the Admission form from the Court and said they hadn't received it (though they acknowledged receipt of it in a letter to us). My husband phoned the Court and they said the Creditor was wrong to do that, and we had to write a letter to explain what had gone on - not heard anything since.

But ... surely they would look at the DMP and your IandE first wouldn't they? Otherwise what is the point of us going through all this pain? I wish I knew who we could complain to about this - cos we are all obviously trying our best and its just making us all extremely miserable if we are so powerless.

geoffmr1

compulsivespender79 wrote: »

Hi all,

Not posted for a while because everything has been going fine, until yesterday!
I got a credit card statement, and a request for minimum payment. That puzzled me because they have had their first payment through CCCS, and also issued a default notice. It appears that they have totally ignored any communication I or CCCS have sent them about the DMP. Is this normal?
Also, my debt with Lowell is in dispute (first and second CCA letters sent and received by them), but I have received absolutely nothing from them, not even an acknowledgement. They have had the cheek on two occasions to ring me (after three letters asking them not to), and when I said that I had written to them to ask them not to call they said they obviously hadn't received the letters. Fortunately I could give them two of the dates when their letters were signed for by them. Today a letter landed on my doorstep from them requesting full payment - What do I do?

CSx

After the first CCA request 12 working day deadline has passed & they have failed to respond with the proper paperwork, then the debt is officially in dispute. After the next calendar month has passed they have then committed an offence which you need to report. I'm not sure who you need to write to about that but it will be on here or the consumer forum somewhere.

The default notice & then final demand letter for full payment is a standard letter so they can officially close the account & sell it to a debt collection agency.

I would phone Citizens Advice or if possible get proper legal advice because they are trying to sell the debt on knowing they don't have the paperwork. They are committing an offence & you really need to try & stop them before they can get rid of the debt!!

Have you written to them yet letting them know that if they have registered a default against you or try to sell the debt on whilst they are in default then you reserve the right to pursue them for damages??

geoffmr1

AmyV wrote: »

geoffmr1 wrote: »

Hi GeoffMr - How do they manage to get a forthwith judgement though? Do the Courts not taking into account the Admission form and your Income and Expenditure?

One of my husband's creditors got it because they withheld the Admission form from the Court and said they hadn't received it (though they acknowledged receipt of it in a letter to us). My husband phoned the Court and they said the Creditor was wrong to do that, and we had to write a letter to explain what had gone on - not heard anything since.

But ... surely they would look at the DMP and your IandE first wouldn't they? Otherwise what is the point of us going through all this pain? I wish I knew who we could complain to about this - cos we are all obviously trying our best and its just making us all extremely miserable if we are so powerless.

The do take the income & expenditure into account (at least I hope they do) but the creditor doesn't have to accept token payments. They can ask the judge for a forthwith judgement. Now I don't know how it worked in past years, maybe the judges were more willing to accept smaller payments but any of the charities I have listed previously will tell you that judges now are more willing to side with the creditors. Of course there are exceptions & you could get lucky, but I have already braced myself for the worst as I just can't believe that everyone I have spoken to in these charities can be wrong.

I'm with you, it all feels completely wrong to me, yes we were the ones who got in financial trouble, but its not a deliberate thing to rip creditors off.

With regards your husbands case you should be able to get that judgement & any costs set aside.

Gingerish

Marru wrote: »

Hi,

Sorry just to clarify. Do you bank with HSBC meaning that the account from where the DD is going out is that in HSBC if not then call you own bank and cancel the DD in your own bank. That way you won't accumulate bank charges in your own bank from HSBC trying to take money from there. If you do bank with HSBC then just ignore what I just said. I just read what I wrote, good luck if it makes any sense to you .

Marru

I have a loan in the same bank where my current account is (abbey), I haven't yet cancelled my loan DD as I don't want to alarm them so they don't take all my money out, whatever is left of it! Do they normally make huge problems if you try to cancel DD?

compulsivespender79

Originally Posted by geoffmr1
Have you written to them yet letting them know that if they have registered a default against you or try to sell the debt on whilst they are in default then you reserve the right to pursue them for damages??

Thank you for your response geoffmr1, Lowell are a DCA, so are they likely to try and sell the debt on again? Would you be able to point me in the direction of a template for the above letter? The letter I've received from them isn't a default notice, it's just 'politely' reminding me that I owe them some money, and if I don't pay up in 14 days they expect the full amount; you know the one!
What's puzzling me is that they seem to have totally ignored the two letters I sent them. The first one being the CCA request with fee enclosed, and the second one telling them that their 12 working days were up and they are now in default. Both were sent recorded delivery, and I have proof of delivery for both.

Marru

Gingerish wrote: »

I have a loan in the same bank where my current account is (abbey), I haven't yet cancelled my loan DD as I don't want to alarm them so they don't take all my money out, whatever is left of it! Do they normally make huge problems if you try to cancel DD?

HI, what I did was to open a new account into new bank (one that I had no prior business with) and then when new account was up and running (got my salary and tax credits going to the new account) I called my old bank and cancelled everything. They were ok with it as when you call and cancel you are dealing with "front desk" they don't look or ask why you are canceling them. Just remember if you do open new account NOT to allow the new bank automatically transfer you SO's and DD's. You can get a list of all your SO's and DD's from your old bank and then I just called everybody on that list (minus my creditors) with my new account details.

Marru

geoffmr1

compulsivespender79 wrote: »

Thank you for your response geoffmr1, Lowell are a DCA, so are they likely to try and sell the debt on again?

As they clearly don't have the paperwork or at least it appears they don't as they won't respond to your CCA request its highly likely they will pass the debt on to start the whole process again.

I will have a look around to find a template letter for you to send as I'm pretty sure I saw one on another site recently. As soon as I find the link I'll let you know.