Nearly there

[Digby]

Hi there, this is my first post and I'm hoping someone can help.

My wife and I have a large amount of debt across various credit cards and in May we wrote to our creditors with a DMP. The majority accepted our proposals within a few weeks and suspended interest, however one company has not responded in any way despite repeat letters sent 4 times and them having accepted my wife's offer of payment. The same applies to another creditor but the other way 'round (they've accepted mine but not hers).
Since we discovered this forum we have realised that all of these agreements were taken out prior to 2007 but we'd like to get the DMP sorted before we look at the ue thing, so really we're looking for the best way to get these last 2 to respond positively.

Thanks

[Sapphire]

Re: Nearly there

Hiya and welcome to the forum.

I'm sorry I can't give you much help apart from keep trying with them, persistence always pays I believe, I know there are others who will come up with better advice, so I'll just hang about and give support.

[ScabHunter]

Re: Nearly there

Well, if you really want these goons to reply and they are ignoring all letters, you'll need to try something else. You could try phoning, which I do not recommend as a way of communicating with alleged creditors, but you could do it. Alternatively, you could write “Formal Complaint” at the top of the next letter, and complain about the fact that they are ignoring you. That would force them to respond, but might make them a little angry. One other possibility is to find the email address of the CEO through CEO Email, assuming it is available, and take your issue right to the top.

My primary recommendation in your circumstances, though, would be to take a look at the “UE thing” straight away!

SH

[Undercover Elsa]

Re: Nearly there

Hi Digby
The quickest way to get their attention is to stop paying. Once you go the DMP route if your credit file is already trashed then if it was me I'd let them default you as soon as possible, firstly so that interest and charges will stop and secondly so that the default will drop off after 6 years.
An arrangement to pay marker will stay on your file for up to 6 years after you make your last payment. That's a LONG time!

In the meantime if you wish you could start the UE process by sending off requests for the agreements (CCA Request) . The template is here: http://www.all-about-debt.co.uk/inde...22-cca-request Please note that this is on a separate section of the site and you will need to register first using the same user name and password as you use on the forum.

If you could start an Unenforceability Diary it will help us to help you deal with each creditor individually, as one answer doesn't always fit all. We are used to the way different creditors respond.
Have a look here for starters: http://forums.all-about-debt.co.uk/s...-Read-me-First!

Anything you're not sure of just shout!

[Digby]

Re: Nearly there

Thank you for that info. One of the two remaining has now agreed but one is still being difficult, so I've re-registered for the templates section and if i don't get a positive response from them this week I'll try a cca request.
As a separate issue I have a question regarding offset (or do I mean setoff?) lol. I opened a cashminder acount and put everything through that now which I am very pleased about. However I still have a current account with my previous bank with a £1,200 agreed overdraft which has been in place for years and is close to the limit and I am just paying the monthly overdraft fee at the moment. I do have a large credit card debt with this same bank being paid under a recently agreed dmp, but the current account was not part of the dmp and I'm worried that if I pay off the overdraft (a relative has offered to bail me out on this one), they might just take the money and leave the overdraft at the max. Therefore I could lose £1,200 and and still have an overdraft with ongoing charges. I have considered paying it off and asking them to cancel the overdraft facility by phone (which hopefully is instant), and then writing to close the account afterwards. I have also considered paying it off and asking in writing the same day for the account to be closed. I'm wondering how likely it is that they'll just swipe the money and leave the account open, which would leave me £1,200 worse off and still with a £1,200 overdraft and monthly ripoff charges.
Thnk you for any advice on this one.

[Undercover Elsa]

Re: Nearly there

Tricky one that, they shouldn't set off against an overdraft but it's not unknown.
I wonder if it might be better to ask them to terminate the account to freeze charges and agree a low monthly repayment.

Then once it's safely terminated try and negotiate a reduced full and final settlement.

See what others think though

Elsa x

[MrsD]

Re: Nearly there

with you on that one Elsa, if you are definitely going for the DMP, I'd just have put the overdraft in there

[SXGuy]

Re: Nearly there

They cant, or at least shouldn't offset against an overdraft. Remember, an overdraft is a credit facility as well. Its not your money. If they even try that one, Niddy will be all over them, they wont know where to turn.