DMP Mutual Support Thread - Part 12

sourcrates · 21 July 2018 at 4:00PM

bewildered1 wrote: »

Barclaycard is is my biggest creditor at £12k and haven't defaulted and reading here could be the most difficult to persuade to stop interest payments. All other creditors have defaulted my accounts and passed on their debts to DCA's who are not charging interest.

If I can't get Barclaycard to freeze interest then bankruptcy may be my only option, especially as they are charging 39% interest,

One of our regular contributors to this forum is January2015.

She had a battle with Barclaycard, and can tell you exactly what you should say to them to get the right result.

OohSoHolly · 21 July 2018 at 4:04PM

Well I think I’m about to have a breakdown.

Had someone come to the door today (specifically to our house only) twice, once while we were out and once while we were in but we didn’t answer. The guy looked pretty official so I’m panicking this has something to do with my debt!! My partner doesn’t know about my financial difficulties and he’s now adamant he’s going to “see who it is” next time.

I’ve not had any letters to say my debt has been referred to a DCA surely the banks/CC companies wouldn’t send someone to my house!

It just feels like one step forward and 100 steps back at the moment.:(

D_M_E · 21 July 2018 at 4:13PM

TopsyMum - if the bank account opened with your partner is a joint account consider opening a separate one in your name only.

Or try and have the joint - if it is joint - one put in your name only.

sourcrates · 21 July 2018 at 4:23PM

OohSoHolly wrote: »

Well I think ;m about to have a breakdown.

Had someone come to the door today (specifically to our house only) twice, once while we were out and once while we were in but we didnt answer. The guy looked pretty official so Im panicking this has something to do with my debt!! My partner doesnt know about my financial difficulties and hes now adamant hes going to see who it is next time.

Ive not had any letters to say my debt has been referred to a DCA surely the banks/CC companies wouldnt send someone to my house!

It just feels like one step forward and 100 steps back at the moment.:(

If no legal action has been taken, then they are only debt collectors, not bailiffs, no rights over and above yourself, or anyone else.

You do not have to engage with them, they may not be debt collectors, they may be salesman of some type, don`t let your imagination run away with you.

What to do when the debt collector calls

A debt collector is not a bailiff, which means they have no court-appointed legal powers. They can only take the same action that any other lender would to try and reclaim a debt.

If one turns up at your home, heres what you should remember:

You do not have to answer the door.
You should ask them exactly who theyre working for, and if you would prefer to deal with the situation in writing, tell them that, then ask them to leave. Then call the company they represent and advise them that you will deal with them in writing only.

If you do speak to the debt collector, show them your budget and make clear that you are paying what you can afford to.
If you ask the debt collector to leave your home, they must. They are not allowed to force entry into your property.

Debt collectors cannot intimidate or threaten you, and if they do you can report them.
They do not have powers to take away your possessions, unlike court-appointed bailiffs.

January2015 · 21 July 2018 at 4:38PM

bewildered1 wrote: »

Barclaycard is is my biggest creditor at £12k and haven't defaulted and reading here could be the most difficult to persuade to stop interest payments. All other creditors have defaulted my accounts and passed on their debts to DCA's who are not charging interest.

If I can't get Barclaycard to freeze interest then bankruptcy may be my only option, especially as they are charging 39% interest,

sourcrates wrote: »

One of our regular contributors to this forum is January2015.

She had a battle with Barclaycard, and can tell you exactly what you should say to them to get the right result.

BCard are an absolute nightmare when it comes to freezing interest.

They will not freeze interest if you are paying 1% or higher than the outstanding balance each month. So, for example, if you debt is £12k, and your DMP pays them £120 or more per month they they will whack on interest. If you DMP pays them £119, or less, they will freeze charges.

Stupid, stupid, stupid!!! :mad::mad::mad:

My SC DMP paid them 1.16% of my outstanding balance. As they were adding interest, the outstanding balance was increasing rather than decreasing.

The only way to stop BCard doing this is to play hardball. Be brave and either:

Stop paying them altogether until they default the account and pass it to a DCA
Pay them only token payments
Or, reduce your DMP payments to a figure well below 1% of the outstanding balance

I left SC, went self managed and dropped to £1 payments and wrote to them advising I had not made the decision to enter a DMP lightly and was fully aware of the impact this would have on my credit reference files. I formally requested they not only freeze interest, but also that they refund all interest and charges added to my account from the date they were notified of my entering a DMP. I also formally requested they backdate the default on my account.

I don't know if I was lucky, but I did get everything I asked for :j:j However, be warned it is not a quick process with BCard and took a number of letters back and forth. I just kept pressing my case and advising they were treating me unfairly and pointed out that had I completely walked away from my debts they would have defaulted the account in a timely manner which would have frozen the debt at the level on the date of the default being made, but because I was trying to be responsible and deal with my debts they were penalising me and treating me in a less favourable manner than customers who fail to deal with their debt problems.

Seriously, if you don't get the answer you want in the first response, don't give up. Keep making your point and wear them down. It's what I do. I honestly believe the points I make are fair and reasonable so I keep making them until someone with sense in the organisation gets my letter :rotfl: because that's all it takes... for the right person to deal with your problem. Most of the people in these organisations are paper pushes who don't actually know the legislation and you will find the people in debt on this forum read the legislation and know what's reasonable and fair etc. (Well, I read the legislation and use it to empower my arguments as and when I think it fits the case).

Hope this helps.

OohSoHolly · 21 July 2018 at 4:39PM

Thanks sourcrates - I’m just really not prepared for this.

I thought I would be notified if my Debt had been referred to a DCA and I have received nothing.

I just really don’t want my partner to find out, I’m just not ready to tell him and I’m scared they may divulge information to him.

sourcrates · 21 July 2018 at 4:58PM

OohSoHolly wrote: »

Thanks sourcrates - I’m just really not prepared for this.

I thought I would be notified if my Debt had been referred to a DCA and I have received nothing.

I just really don’t want my partner to find out, I’m just not ready to tell him and I’m scared they may divulge information to him.

Well normally you are informed, in writing, its a legal requirement, that why i am skeptical they are debt collectors.

They may be from the creditors own internal collections dept, but again, that is rare.

I have never yet had a visit in all the years i was in debt trouble, from anyone, and i`m gutted, i was ready with chapter and verse, but never got the chance to use it, really you need to lighten the mood here, there is nothing these people can do, they are easily sent packing, filming them on your phone (as every man and his dog does these days) may hasten there retreat, sharing your money worries with said partner may be worth a try, as a united front is best to face the enemy with.

OohSoHolly · 21 July 2018 at 5:53PM

sourcrates wrote: »

Well normally you are informed, in writing, its a legal requirement, that why i am skeptical they are debt collectors.

They may be from the creditors own internal collections dept, but again, that is rare.

I have never yet had a visit in all the years i was in debt trouble, from anyone, and i`m gutted, i was ready with chapter and verse, but never got the chance to use it, really you need to lighten the mood here, there is nothing these people can do, they are easily sent packing, filming them on your phone (as every man and his dog does these days) may hasten there retreat, sharing your money worries with said partner may be worth a try, as a united front is best to face the enemy with.

Thanks Again Sourcrates for your support. Hopefully it is all just in my head and I will stop hiding in the bedroom shortly

I feel like if it is a DCA if I find out who has passed the debt on I will be making a serious complaint. As mentioned I haven’t received any documentation and also I think they have to have defaulted the account? Which of the ones who haven’t yet accepted my DMP I’ve received no default notice as of yet.

sourcrates · 21 July 2018 at 6:08PM

OohSoHolly wrote: »

I think they have to have defaulted the account? Which of the ones who haven’t yet accepted my DMP I’ve received no default notice as of yet.

That was always my understanding, but, according to the FOS they can sell debts on without defaulting them, that way the new owner can continue charging you interest.

Its a very fluid situation, and a number of posters have been caught out in this way, its something that is becoming more common on the forum, but a letter notifying you of the sale is still required.

phil788660 · 22 July 2018 at 10:52PM

Update...Advice Please

I entered into a debt management plan with step change over a year ago.

I owe 2 debts to Intrun group £24k and £2k and 2 debts to PRA group £6k and 8k

So in total £40k ish. The above debts were sold to the PRA and Intrun group in January this year and I have not missed any payments.

I have asked for CCA agreements over 2 months ago and so far only PRA group have come back to me stating they have CCA for one of the debts (8K) but have confirmed they haven't as yet got CCA for the other debt (6K)

I am not sure what is the back action I should take from here on the debt which is enforcable and the one that isn't as yet and the and the ones I haven't heard back from?

I just don't know what to do for the best next and feel a bit in limbo with it all?

Any help/advice would be appreciated

Thanks in advance

Phil

DMP Mutual Support Thread - Part 12

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