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**MrsD** · 12 August 2014, 14:03

Re: Debts and Full and Final settlement?

we're not big fans of paid for DMPs on here, in fact any DMP is usually just a waste of time...................which it obviously is for your friend if the balances are not decreasing.

He needs to post up here himself, as we need the person to post, it's hard to use an inbetween.

why don't you ask him to post up and we can have a look?

**amberashjess** · 12 August 2014, 14:12

Re: Debts and Full and Final settlement?

Ive tried to get him to post but because of embarrassment he wont. its very much a cultural thing because its shameful if people find out. that is just the way things are for us. Its not right but he's adamant. Im very close to him so can pass on any advice.

Thank you

**cymruambyth** · 12 August 2014, 14:25

Re: Debts and Full and Final settlement?

Have you shown him the site and how anonymous everything is? I think that AAD and its support network is a secret for many posters and can be the only way of surviving without family members knowing and without judgements being made.

**amberashjess** · 12 August 2014, 14:38

Re: Debts and Full and Final settlement?

Ive explained that its okay that he fell on hard times and that its all anonymous, I think he's so depressed right now and cant deal with it all. Our wider family is so judgemental. we are the "poor" side of the family and don't want them knowing our business.

I personally don't care about my debts anymore and aad has helped me out loads but I cant change his mind right now. I don't know enough about homeowners and debts to advise him hence why I asked on here. Im sure the experts can give us advice.

Thanks for your help.

**cymruambyth** · 12 August 2014, 15:28

Re: Debts and Full and Final settlement?

I'm no expert but I'm a homeowner and have been fighting debt for about 12 years!

**Sapphire** · 12 August 2014, 15:32

Re: Debts and Full and Final settlement?

Hi Amber, I think you're relative obviously trusts you, so how about you post up all the details on his behalf ?

Just a thought.

Oh and I'm a homeowner and am in debt too, there's a lot of us about.

**PlanB** · 12 August 2014, 15:39

Re: Debts and Full and Final settlement?

Originally posted by amberashjess View Post

Ive tried to get him to post but because of embarrassment he wont. its very much a cultural thing because its shameful if people find out. that is just the way things are for us.

I've got your PM

I completely understand the cultural thing. We helped another member on here who didn't want her husband to know she was seeking help. Her biggest obstacle was her own father who thought she was bringing shame on the family since she wanted to divorce her husband because of his debts. He sided with her husband which made matters even worse for her

I've read your first post and it seems his greatest worry is what impact these debts could have on his property. Does he have family and does his wife (if he is married) know about the situation? Is there a mortgage on the property in sole or joint names and are the payments up to date or in arrears? That's got to be the first priority. If he wants to shield his family from his financial pickle then safeguarding the home comes first. There is no need for them to find out about the rest.

Outsourcing the debt control to a DMP is a good way of keeping secrets because he should not get any post to his home while that's in place. He should also not get any debt collectors turning up. If he avoids a CCJ then he should avoid bailiffs too.

I'll read everything properly again and see what to suggest.

I'm also the "poor side" of my family in financial terms, but I'm the nicest and kindest of my siblings which makes me richer in other ways

**amberashjess** · 12 August 2014, 16:03

Re: Debts and Full and Final settlement?

Hi Di

many thanks for replying and understanding the situation. I can answer most of your questions or can easily get the info.

His wife does know the situation but is not involved in any of the finances. She doesn't care if he's in debt and only wants the kids provided for. She is very much focused on the kids and does not give support on the debts. The mortgage is in his name only and theres no missed payments or arrears. hes able to keep up the payments on the mortgage.

I believe the debts have been in this dmp for a few years. They havent gone down and he doesnt want to be in this dmp forever.

He would like to try and offer settlements in full and final but is that risking the chance of court and ccjs? The dmp is with a fee paying company and they take a cut of the £200 odd pound payment each month.

Thank you so much for your help, I really appreciate it.

**SXGuy** · 12 August 2014, 16:44

Re: Debts and Full and Final settlement?

A dmp doesn't stop the risk of court and a ccj. Offering a full and final can only be agreed or rejected. Of course the paid dmp doesn't want him to stop. They won't get paid anymore! He needs to do what he feels best not the dmp. It's a shame he won't come and talk to us because alot of these debts could be unenforceable

**amberashjess** · 12 August 2014, 16:54

Re: Debts and Full and Final settlement?

Is it worth sending cca requests for these debts to see what they have? He does have some of the original agreements in his posssession. Is this something he should try?

Thank you

**PlanB** · 12 August 2014, 17:09

Re: Debts and Full and Final settlement?

Originally posted by amberashjess View Post

I believe the debts have been in this dmp for a few years. They havent gone down.

Those debts should have gone down unless the creditors are still charging interest. He needs to get the interest stopped if that's the case. Are they still adding it? The loan may have had the interest front loaded.

Does he still bank with HSBC where he has 3 debts or has he opened another account?

Has the Egg/Barclaycard been sold on?

**PlanB** · 12 August 2014, 17:18

Re: Debts and Full and Final settlement?

Originally posted by amberashjess View Post

he has no paperwork for these accounts. The claims company have them.

I think you may mean the DMP company have all the paperwork. He's entitled to see all that so he knows what's what. He should receive an itemised statement every month to show who's been paid and how much etc. And most importantly how much they have deducted for their fees.

He should ask them to send him all the statements back to when he first set up the plan. He should also ask for a copy of the contract he signed with them. If they have not stuck to the guidelines on DMPs then he may be able to make a complaint to the FOS and claim back some of those management fees they've been charging over the years. I got most of mine back when I quit my DMP

**PlanB** · 12 August 2014, 17:25

Re: Debts and Full and Final settlement?

Originally posted by amberashjess View Post

He does have some of the original agreements in his posssession.

I forgot to ask, is he likely to have had PPI on any of these debts? That would be worth reclaiming too. If he can't remember then he can check whether he ticked the box for PPI on those original agreements he's kept.

**amberashjess** · 12 August 2014, 17:43

Re: Debts and Full and Final settlement?

All the debts have been sold to DCA, ill check the balances with him. His main issue is the length of time its taking to pay these off. The DMP company is helping him reclaim any ppi with egg. Egg sent a letter back saying they cant find his account!

Should he cca all these companies or just send them a final offer?. He's scared asking to settle will spook them and they will go after the house? He would like to move soon and doesn't want them to get any money from the house sale, the new place will be in his dads name.

Thank you.

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