DMP mutual support thread part 13 !!

Suseka97 · 1 October 2018 at 4:13PM

Walker42 wrote: »

Hi.
I am needing some advice regarding what to do about my DMP while I am negotiating full and final settlements with my debtors.......
Pra told me that they are unable to provide a copy of the CCA. Then offered a settlement figure of £2530 on a debt of £2663.
Intrum said that they have only just processed my request which was sent 3 weeks ago but that I should keep paying.
The overdraft is my smallest debt. £250 So I can pay this off in full if needs be.
Does it sound like I would be better off self managing my DMP. Is this easy to arrange
Or should I continue to pay. I would like to have the monthly amount towards any settlement I make if possible.
Any advice would be gratefully received am feeling a bit confused at the moment.
Thanks

You'll find most of us who have gone down the CCA route, have since gone self-managed. Mainly because of what you are experiencing; SC can't just pay the overdraft - they have to treat all your creditors the same. However, you do not. You've said that PRA are unable to provide the paperwork which effectively makes that debt UE and it's totally up to you where you go from here. I've 3 x UEs with them and haven't paid since they confirmed the accounts were UE. I set aside their monthly payments for potential F&Fs and am already getting some decent discount offers (but it has taken over a year).

As for Intrun - again, they have to put collection activity on hold and of course will try to persuade you to continue paying. So likewise, I'd stop paying them until you know where you stand. Just pay off the overdraft if you can and sit tight on the rest.

One thing you should do, before you close your DMP with SC (that's if you decide to go SM) is to write down all your balances and payment details. Once they close your account you won't have access to that info anymore. As for what happens next - well nothing with Intrun until you know where you stand and I'd write back to the PRA group saying that seeing as the account is UE you will be prioritising enforceable agreements and will therefore not be making any payments until further notice. You can then give it a few months and start the F&F negotiations. Once an account is UE, it's a waiting game -but one worth playing.

Walker42 · 1 October 2018 at 4:21PM

Thank you so much for the quick reply. Just needed a bit of reassurance I am going g about this the right way. Thanks again

Walker42 · 1 October 2018 at 4:24PM

Thank you for the advice. There were originally quite a few more smaller debts. I think I am going to SM from now on. Thanks again

Takealeap · 2 October 2018 at 9:02AM

Hi. With loads of running about to do, and working on during the week and at weekends, I've not had time to sit down and start sorting things out properly with an SOA and contacting Stepchange yet. Had a couple more questions if that's okay though. One of my debts is a Santander credit card. However, my wife and i have a Santander joint account for all our household direct debits, and our mortgage is with Santander too. We have used a lot of the overdraft on the joint account. The general advice on here is to open a new basic bank account for your bills, which I understand. But if I only wanted to move on to a DMP (or similar) myself rather than as a couple, I would think there would be issues here, yeah? My wife would get dragged down with me - so to speak - on this joint account. I assume then that her other creditors would then get notified and problems could start with her debts, even though she is managing them much better than I am with mine.

Does any of that make sense?

Suseka97 · 2 October 2018 at 11:29AM

Takealeap wrote: »

....... Had a couple more questions if that's okay though. One of my debts is a Santander credit card. However, my wife and i have a Santander joint account for all our household direct debits, and our mortgage is with Santander too. We have used a lot of the overdraft on the joint account. The general advice on here is to open a new basic bank account for your bills, which I understand. But if I only wanted to move on to a DMP (or similar) myself rather than as a couple, I would think there would be issues here, yeah? My wife would get dragged down with me - so to speak - on this joint account. I assume then that her other creditors would then get notified and problems could start with her debts, even though she is managing them much better than I am with mine.

I believe the best advice would be to remove yourself from any 'joint' accounts with your wife if you plan to go down this route separately, but have debts attached to a joint bank account. You could fall foul of the 'right to offset'.

As to your wife's debts - her creditors wont be told about your DMP -there are rules governing personal privacy which protect you in that respect and any company breaching the new GDPR would be subject to hefty fines.

[Deleted User] · 2 October 2018 at 11:58AM

Walker42 wrote: »

Thank you for the advice. There were originally quite a few more smaller debts. I think I am going to SM from now on. Thanks again

Have a good read through everything about self-managing on the NEDCAB website. Lots of us have used its invaluable resources when starting on the self-managing route. Highly recommended.

Good Luck:beer:

[Deleted User] · 2 October 2018 at 12:08PM

Yet another predicament has turned up when I felt all was running smoothly in my DMP world:(. Any advice would be welcome.

One of my debts, my second biggest @ around £5500, is unenforceable according to the letter I received as a result of my CCA request. They say unenforceable 'at the moment' which suggests they might suddenly cobble together some relevant and compliant documentation but it's been almost 18 months since I heard anything from them so I live in hope.

I have belatedly discovered that I had PPI on this account and obviously would like to try to reclaim it as it might be worth a bit;). However, I don't want to reawaken their interest in me enough to pull out all the stops to track down details which may allow them to produce compliant CCA information.

I'm wondering if it came to a choice whether it's better to maintain the unenforceability of the debt (hopefully forever) or try for PPI which possibly could result in both or none. Does anyone know of instances where creditors have been able to provide compliant CCA documents after so much time please?

Takealeap · 2 October 2018 at 12:21PM

Thanks Suseka97. I didn't think it was possible to remove someone from a joint account. Well, not when there is an overdraft debt on it. Ideally, I would remove my wife instead - that way I could take on the overdraft debt fully and she wouldn't get affected by it in any way.
With regard to her creditors being informed - it wasn't so much about her creditors getting informed about my DMP. It was more that if the joint account gets flagged as not getting serviced (don't know the correct terminology) because I start a DMP, then as a joint account holder, she will marked as not servicing it either (On her credit file?). Her other creditors will then see from her credit file that she has whatever kind of black mark and then they all mark her similarly.

You know, the more I try to explain what I mean, the more confusing it is coming across!!:rotfl:

I'll need to go through it all again in my head and try to state it clearer again:D

January2015 · 2 October 2018 at 12:33PM

Takealeap wrote: »

Hi. With loads of running about to do, and working on during the week and at weekends, I've not had time to sit down and start sorting things out properly with an SOA and contacting Stepchange yet. Had a couple more questions if that's okay though. One of my debts is a Santander credit card. However, my wife and i have a Santander joint account for all our household direct debits, and our mortgage is with Santander too. We have used a lot of the overdraft on the joint account. The general advice on here is to open a new basic bank account for your bills, which I understand. But if I only wanted to move on to a DMP (or similar) myself rather than as a couple, I would think there would be issues here, yeah? My wife would get dragged down with me - so to speak - on this joint account. I assume then that her other creditors would then get notified and problems could start with her debts, even though she is managing them much better than I am with mine.

Does any of that make sense?

You have shared financial accounts, including mortgage, so there will be a financial association with you reported on her credit reference files.

Keikei · 2 October 2018 at 6:59PM

Hi,

Just a newbie lurking the forums at the moment. I'm currently on a DMP with Stepchange and have just three debts remaining, two with Nationwide and one with Link Financial (which was originally Barclaycard)

I've recently sent a CCA request to Link Financial as this debt was taken out about 16 years ago and wanted to see if it was enforceable (I haven't sent any to Nationwide as I'm pretty sure these were enforceable as they were from 2013 and applied for online)

If it happens that the link debt is unenforceable, is it better to go and self manage my DMP? I read a previous post where Stepchange don't recommend favoring one creditor over another and was wondering what action to take if I were to offer a Full and Final Settlement to link?

The link debt is about £11000 whereas the Nationwide credit card is £3500 and loan £2990.

DMP mutual support thread part 13 !!

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