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  • #1

    Catalogue debts on DMP

    Hey, a friend of mine has managed to get herself into a right pickle.

    When she was 17 she applied for accounts with Littlewoods and Orange and changed her age by a year to qualify.

    She now has 4 outstanding debts totalling ~£2000 and she is on a DMP which is unaffordable, and imho a rip-off.

    Now, I have a conflicting opinion regarding the age thing here, could she use that against creditors for verifying (i.e. she shouldnt have had a credit report to have been checked on/irresponsible lending) or is she completely at fault for fraudulently declaring she was older than she was?

    She is now 19 and has matured a lot in that period, and wants to actively deal with her situation.

    She is unemployed, always has been. There is plenty more to post but cant whilst at work..

    Thanks in advance
    Last edited by Shadow2981; 27 August 2013, 12:32. Reason: Wrong debtor named
    Tags: accounts, applications, arrangement, benefits, con, contracts, cras, creditors, criminal, data, dca, debt, debt recovery, debts, depression, dmp, family, fraud, fraudulently, help, income, law, legal, lending, littlewoods, loan, medicines, moorcroft, orange, police, private, provident, rac, recovery, removal, rip-off, stress, thank you, unemployed, update, work
  • #2
    Re: Catalogue debts on DMP

    Her DMP is with Gregory Pennington - not sure if anyone is familiar with these and has an opinion on them?

    EDIT: In addition to all of the above - she was suffering Post Natal Depression at the time she made these applications - and is still being prescribed medicines for this. Not sure if that is/can be of any help?
    Last edited by Shadow2981; 27 August 2013, 12:32. Reason: Extra info

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    • #3
      Re: Catalogue debts on DMP

      on lunch but didn't want to read and run.

      first thing to do is cancel Gregory pennington, they take some of her payment as a fee

      will look in later, ridiculous to have a DMP for £2000

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      • #4
        Re: Catalogue debts on DMP

        Thanks, I have told her to cancel - she got scared by the DCA letters and found who she believed to be a reputable DMP.

        Her debts are with Littlewoods, Very, Orange, and Provident.

        Littlewoods is ~£1100.00
        Very is £267.36
        Orange is £407.94
        Provident is ~£200.00

        These are the DCAs in use:

        Littlewoods: RMA International Ltd - Shop Direct
        Very: RMA International Ltd - Shop Direct
        Orange: Moorcroft Debt Recovery Ltd
        Provident: C K Edrupt & Co. Solicitors

        Only one of these has actually accepted (Moorcroft) an arrangement on the DMP (The others are still in negotiation apparently).

        Her income is solely benefits, yet she is paying £40 a week to this DMP.

        That's all I have for now.

        UPDATE: DMP cancelled and remaining balance requested to be refunded.
        Last edited by Shadow2981; 27 August 2013, 17:55.

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        • #5
          Re: Catalogue debts on DMP

          UPDATE: Having discussed with her and her family, her dad has agreed to either be a guarantor, or take a loan out on her behalf (he wants to weigh out the pros and cons of both before deciding for certain) to consolidate all of these debts, but she will probably be a couple of hundred quid off the total - so FF settlement offers will be sent to all creditors based on the formula.

          However, it would still be good to know where she stands regarding taking two of the contracts out at 17, whilst suffering PND?

          The way I see it is this:

          Regardless of what she claimed on the application, she was still 17 at the time, and as such, the contracts are null, and the fact she has (and still has) PND kind of diminishes her actions. The lenders must have some responsibility in verifying the data supplied - the fact that (especially in the first ever application) she didn't have a credit file should have raised alarm bells for further investigation, or at least a manual review surely?

          However, at the end of the day, she made a false declaration by ticking the boxes and submitting the applications, and I said to her, a bad credit file is better than a criminal record if the creditor chose to retaliate as such - so if someone could please clarify this once and for all?

          She will still pay (almost in full if not full) the debts of the null contracts if this does turn out to be the case, but I see this as a good position to present reason for complete account removal from CRAs.

          She does want to learn a lesson from all of this, so finding a means to get away without paying as best she can is out of the question.

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          • #6
            Re: Catalogue debts on DMP

            Might be an idea to PM Paul or Jo for a legal take on this one shadow....

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            • #7
              Re: Catalogue debts on DMP

              Thanks, will PM both and point them this way

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              • #8
                Re: Catalogue debts on DMP

                She is under 18 so contracts are not binding. But she has committed fraud and at 17 is fully answerable.

                she runs the risk of being reported to the police for fraud. The PND can be raised as mitigation only.


                .
                Legal Disclaimer
                I am a solicitor Advocate who specialises in consumer credit and my firm is Joanna Connolly Solicitors. My leading case of Carey v HSBC set the legal precedence for creditors compliance with s.77 & s.78 Consumer Credit Act 1974 statutory requests & enforcement of debts in court. Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk.

                If you need to contact me you can send me a message by clicking my username or by emailing me at jo@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340.

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                • #9
                  Re: Catalogue debts on DMP

                  So it is probably best to just settle and keep hush about that then in the long term like I suspected.. Thank you.

                  Comment

                  • #10
                    Re: Catalogue debts on DMP

                    Originally posted by josie888 View Post
                    She is under 18 so contracts are not binding. But she has committed fraud and at 17 is fully answerable.

                    she runs the risk of being reported to the police for fraud. The PND can be raised as mitigation only.


                    .
                    Ahh but if shes affirmed the contract on reaching majority i understood it that the contract could be binding, certainly thats what halsburys seemed to suggest when i looked at this on a similar case.

                    that would be my only concern. Although i must stress i looked at this issue around 4 years ago, the law could have changed since

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