DMP mutual support thread part 13 !!

I had 2 identical letters from L**k today, referring to each of the old MBNA debts they have bought. I'm self-managing now after almost 5 years on a SC DMP.


One of the debts is UE, they told me this over a year ago after they couldn't produce any CCA paperwork, and I'm still paying £1 a month. Yes, I know I don't need to but I keep getting hassle about how the debt still needs to be paid even though it is UE. I'm now paying the enforceable one @£6 a month because when they asked for bank statements at the time I discussed my last I&E with them (stupidlly done over the phone:o)they said any payment of £5 and under had to be referred to a senior manager. I was previously paying £1 a month token payment on it. I have no intention of sending bank statements and that kept them quiet for a while. I told them that as the other debt is UE I don't need to pay anything but will keep up the £1 for the time being


All my other creditors have accepted F&Fs but my offer to L**k at the end of last year for the enforceable one resulted in an unacceptable offer from them of 65% payable. It isn't impossible for me as my other creditors have settled at a very acceptable price:j but on principle I don't want to pay this amount as they've already had about £10k paid off when on the DMP:(


Someone from L**k phoned me a couple of weeks ago to discuss my payment plan and said there wasn't one on place:eek:. We'd only agreed the last one at the end of last year:doh:. I reminded her of that and after a bit of a wait she said as a special concession she would OK the arrangement. Then I received the letters today to confirm that and was a bit concerned by the wording. They both said:


'We are writing to confirm the informal arrangement agreed in relation to your account. This arrangement has been agreed with you on a concessionary basis and without either full disclosure of your current financial circumstances or because you will not distribute your available income equally in line with the amount outstanding to each creditor.....'


This arrangement stands for a year from now. Should I be worried? I have no intention of ever sending bank statements or paying more than £1 to the UE debt so I can't see what is likely to happen from their side when the year is up. Or sooner, knowing them:mad:


Any advice welcome:beer:

sourcrates wrote: »

Hi carbootiness,

Why on earth are you paying it at all ?

If they can’t provide the correct paperwork, it’s unenforceable, your giving them credibility when they have non.

My response would be if you can’t provide what you are supposed to provide under the terms of sec 77/79 CCA, then I’m not paying any further sums of money to you until you do comply with the law.

Thank you and don’t bother me again.

One of the debts is enforceable though, the one I'm paying £6 a month to. They are forever giving me hassle about that one and I don't want them to cut up rough if I get stroppy about the UE one at this stage.

sourcrates wrote: »

Hi,

There’s no rough or easy treatment, they must treat you fairly, there ultimate weapon is the courts, they won’t make you pay more than u can afford, I favour a tough stance, I know it’s not for everyone, but in my books, the UE one gets nowt, and the other gets what’s affordable, if you stop paying these UE debts they usually tend to fall quiet and end up getting written off or just forgotten about or ignored.

Thanks, as ever, sourcrates, for your good advice:T

I know what you said makes perfect sense but I find a tough stance nigh impossible. I'm a wimp:o


Also, this creditor, L**k have always been the most difficult and unhelpful of all my creditors.


You may recall that I've cleared over £50k of debt without OH or anyone else knowing a thing about it. I'm so near the end now and just want everything to be done and dusted quietly and as quickly as possible. I can't cope with hassle or playing mind games at this late stage with this creditor.