DMP Mutual Support Thread (Part Three)

Mogminnie

Just an update on progress with my DMP with Payplan. Creditors contacted on 25th February about plans to go onto a DMP via payplan. Made first payment on March 6th to Payplan. Have only had one letter from Alliance and Leicester thanking me for informing them of my situation and that my account is now on hold. No calls as yet but it's early days. Feeling less stressed and actually have some cash left over this month! Shame the car tax and MOT on both cars in due 1st April. Oh well just keep swimming!

10past6

Hi Folks

Just an update re one of my creditors Nationwide.

I've received a "Final" letter from KPR stating as I've refused to contact them (not true, I called them last week) they have now forwarded my account to their solicitors for legal action.

The letter goes on to say "This could lead to the courts awarding Nationwide a charging order against your property. If this happens Nationwide have to right at any time to request that the debt is paid in full. This could lead to the forced sale of your home."

That phrase is very intimidating, I've mentioned previously about the nervous breakdown I've suffered previously, letters and phrases like the above do stressing me out.

Sorry for the rant.

I've just spoken with Payplan, again the state they don't deal with KPR, they are continuing to pay Nationwide.

10past6

Rayday

I've noticed several members are asking if they can join in, may I ask if I can join in, although to be honest, I'm not sure what I'm joing, I guess I'm to stressed to think logically.

rayday2

10past6 wrote: »

Rayday

I've noticed several members are asking if they can join in, may I ask if I can join in, although to be honest, I'm not sure what I'm joing, I guess I'm to stressed to think logically.

I have added you to the list on page 1 - no one has to join but I think it is a bit of a morale boost shows we are not alone - you certainly are not alone number 155!

rayday2

10past6 wrote: »

Hi Folks

Just an update re one of my creditors Nationwide.

I've received a "Final" letter from KPR stating as I've refused to contact them (not true, I called them last week) they have now forwarded my account to their solicitors for legal action.

The letter goes on to say "This could lead to the courts awarding Nationwide a charging order against your property. If this happens Nationwide have to right at any time to request that the debt is paid in full. This could lead to the forced sale of your home."

That phrase is very intimidating, I've mentioned previously about the nervous breakdown I've suffered previously, letters and phrases like the above do stressing me out.

Sorry for the rant.

I've just spoken with Payplan, again the state they don't deal with KPR, they are continuing to pay Nationwide.

This may be a bit rambly but I would write to KPR recorded delivery and state that you have been in contact with them and provide the dates etc. I would also put that you are continually making offers to them through your professionally managed DMP with Payplan but they are ignoring them.

Tell them you know that they are a branch of Nationwide so are not sure why they are harassing you. Tell them again the offer of payment they have been offered, point out that other creditors have accepted this plan and it is as fair as you can make it.

Anyway thats the bit I would do and make sure you do write rather than ringing.

As for the charging order its a hell of a long process and no one can make you sell your house.

In order to get a charging order you have to have a CCJ - at the CCJ stage they may say they want it all but you have proof of your sensible way of dealing with your debts and that you have offered them payments all along and the judge usually goes with what the DMP says.

Even if they do get a charging order and its a big even if they do! Then it just means if you were to sell you would have to pay that debt off out the profit of the house. But the amount would be going down each month.

rayday2

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

I think I have said before to read through it you must do that because just on what you have told me I think they have broken several points and you could make a "formal complaint" and stop them in there tracks.

Let me show you some examples:

2.2 Examples of unfair practices are as follows:
a. use of official looking documents intended or likely to mislead
debtors as to their status, for example, documents made to resemble court
claims.
b. leaving out or presenting information in such a way that it
creates a false or misleading impression or exploits debtors'
lack of knowledge
c. those contacting debtors not making clear who they are, who
they work for, what their role is, what the purpose of the

contact is

I think they have done b and c as they are making out they dont talk to each other and yet same company and trying to tell you they can sell your house which they can't - you could quote those paragraphs in your letter.

2.4 Examples of unfair practices are as follows:
a. falsely implying or claiming authority, for example, claiming to work on
instructions from the courts, claiming to be bailiffs or, in Scotland,
sheriff officers or messenger-at-arms
b. falsely implying or stating that action can or will be taken when it legally
cannot, for example, referring to bankruptcy or sequestration proceedings
when the balance is too low to qualify for such proceedings or claiming a

right of entry when no court order to this effect has been granted

Possibly b too!

2.6 Examples of unfair practices are as follows:
a. contacting debtors at unreasonable times and at unreasonable intervals
b. pressurising debtors to sell property, to raise funds by further
borrowing or to extend their borrowing
c. using more than one debt collection business at the same time
resulting in repetitive and/or frequent contact by different parties
d. not ensuring that an adequate history of the debt is passed on as
appropriate resulting in repetitive and/or frequent contact by different
parties
e. not informing the debtor when their case has been passed on to a
different debt collector
f. pressurising debtors to pay in full, in unreasonably large instalments,

or to increase payments when they are unable to do so

Definately f and possibly others!

2.8 Examples of unfair practices are as follows:
a. sending demands for payment to an individual when it is uncertain that
they are the debtor in question, for example, threatening debt recovery
action to 'the occupier' or sending a payment demand to all people sharing
the same name/date of birth as a debtor in the hope that contact with the
correct debtor will be made.
b. disclosing debt details to an individual when it is uncertain that they are
the debtor in question, for example, disclosing details to 'the occupier' of
an address.
c. refusing to deal with appointed or authorised third parties, such
as Citizens Advice Bureaux, independent advice centres or money
advisers

d. contacting debtors directly and bypassing their appointed representatives

d there!

You get my point take some time go through it and make a formal complaint they have to take you seriously because you are putting the account into dispute!

10past6

rayday2 wrote: »

I have added you to the list on page 1 - no one has to join but I think it is a bit of a morale boost shows we are not alone - you certainly are not alone number 155!

Thanks rayday for the confirmation.

10past6

Hi rayday
I know we all say thanks for the advice and support offered, I want to confirm what other members have said,it's a warm thanks from the bottom of my heart for the time and dedication you have taken is assisting me.
Give me a day or so to get my head round both your post, and I'll reply with the action I have taken.
Once again
Many thanks

rayday2

Well I just had a quick look I wanted to boost you a bit, you know how they have dealt with you and I am sure you will find more details. I have great confidence in you.

I do think if you complain and quote all the bits you think they have breeched they are going to have to do something - but you will be putting the account into dispute and I don't believe they can then take any actions until it is all sorted out.

You must if its a formal complaint put that at top big letters - send recorded delivery I would copy nationwide with it too. You will know its been treated properly as a formal complaint because you get an information leaflet in the response.

I really hope you get somewhere and apologies if I have rambled a bit too much!

Take care!

Dr_Jekyll

Good luck 10past6. keep asking here. Lots of help and advice available and it will help with the stress. They are using bullying tactics and nearly always back down once they can't get their way from what I have seen and heard.