GDPR Cookie Consent by SimpleServe Privacy Script Defaults, DCA'a and DMP - AAD Consumer Forum

Announcement

Collapse
No announcement yet.

Defaults, DCA'a and DMP

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Defaults, DCA'a and DMP

    Hello sorry if this is posted in the wrong area but I wasnt sure where to put it. Please could someone help me with some advice on a few issues?

    Firstly, i do not want to avoid paying my debts, I simply want rid of them preferably without it leaving me even more brassic (ie by lowering my current montly payments) .. preferably with an eventual half decent settlement figure (60% max if poss) and preferably with a clean credit file.

    I have 5 debts totalling £16k from 2004/05 due to sudden big drop in my income. I have been in a debt management plan since 2005 and pay each creditor between £5 and £45 per month. All the debts are with a DCA, some have been sold on several times. All the debts have defaulted in either 2005, 06, 07 and 08. Not sure how they managed to default when i was on an agreed payment plan but suppose they can do what they want.

    I am fed up with it all and so my mum offered to lend me her savings of £9k to try to pay them off. I sent them all a full and final letter, ommiting any liability, and offered them all a pro rata amount. 3 have replied but wont accept and offered me a counter offer of 15%, 20% and 25% off. The other two have basically ignored me. My mum offered me this as i thought i may be able to re-mortgage (paying high interest at moment) if they were cleared, however just found out i wont be able to until the defaults have dropped off so I suppose its just as well they didnt accept.

    From what i gather I should now send them all a cca request is this right? Should I send this to the dca or the owner (the owners are not the original creditors)? Again.. its not to avoid payment cos i would be useless in court.. its more to do with a bit of power to try to reduce the full and final settlement figure.

    One of my defaults is a duplicate that has been put on by both the original creditor and the dca, both have the same default date. Does this matter?

    Should I keep paying the dmp or come out and pay the dca's reduced amounts? If i do this could they then get a ccj against me? Also what if i kept paying the same and just paid reduced amounts after the defaults come off.. would that make any difference.. could they then ccj me?

    Ive got some payment statements from some creditors and there are loads of my payments missing, i have never missed a payment to the dmp so unsure where this money has gone, its in excess of £500 and i havnt got all the statements yet. Im wondering if some of these 'missing' payments have contributed to the defaults placed after i was in a dmp but how would i find out?

    Lastly, do you know if you can access 'dropped' off credit references from credit file? I settled an account with orange in 2009, its not showing on credit file but now ive got Mckenzie Hall chasing the debt for Capquest. Its the first ive heard from them since 2009 when Moorcroft were dealing with it! Cant find any evidence at mo of paying it except a record of two calls to my dmp (one with me and one they had with moorcroft who confirmed debt was settled). Ive spoken to them tonight and first two advisors at moorcroft said it was settled and 3rd one said it was showing settled on their file but it wasnt settled persay.. they just gave it back to orange. At around the time of these calls to the dmp, my payments from the dmp towards this debt stopped and they have a note on file saying paid. I know i definately paid it. If i didnt, they why would i suddenly stop paying a £70 debt and continue paying the rest!!

    Thank you, Pookie

  • #2
    Re: Defaults, DCA'a and DMP

    welcome to AAD

    whoa!

    that's a lot of questions
    let's access the facts first
    who is the DMP with? and are you paying a fee for it?
    and on this site we make absolutely no judgements about avoiding debts, we don't actually allow anyone to be accused of avoiding debts on here, we all deal with our debts by whatever lawful means available to us as consumers.
    You will be defaulted as soon as you "default" on any credit agreement you have made, ie
    not paid the full payment, if you entered a DMP you should have been told this because there is no way around it, its just the way things happen.

    It would be much easier for us if you could list your debts with creditor, (original and present), amount still owed and approx date you took it out.
    Have a read through some of the UE diaries and see how peeps have laid theirs out.
    Someone will come back to you as soon as we have the answers to the above questions. Try not to worry, its money and it can be sorted!

    Comment


    • #3
      Re: Defaults, DCA'a and DMP

      Hi PTB,

      Welcome to AAD! Mrs D is right. We have a number strategies here that we can use to help you sort out your problems. May I suggest that you read through our Unenforceability sections starting perhaps here:

      >Unenforceability Diaries - Read me First! - allaboutFORUMS

      to give you the initial start. It makes life very much easier for all of us and yourself if you use the UE diary format. There is no need to publicly display your documents here, you will be given access to a secure area to upload them to and they will be reviewed as required by never-in-doubt and you can update your publicly viewable diary to help us see you through your difficulties.

      However one thing I can say is that you really need to accept that your credit reference files will be trashed by a creditor the moment you enter a dispute. Whether that is just or unjust is irrelevant, its a fact of life. Many of us on here accept that CRFs are rubbish, funded by banks, for banks, on behalf of banks and used by banks. Unless there are very pressing reasons to have a clean file then ignore it. The poor record will drop off after six years and can never be reinstated. End of. We have professional litigation specialasts looking after our cases and that was one of the very first things that came out during the first discussion.

      From the description you have given they do have a right to register a default on your CRFs whilst you are on a DMP of any sort as technically you are in default of the terms of the alleged agreement they claim exists. If the agreements do subsequently prove to be UE then the debt itself is not extinguished in law, it means that it cannot be enforced in law. There are certain dates we will need to know which will come from you setting up your own diary as per the other members on here which provide a guide as to how to proceed.

      Garlok
      Last edited by garlok; 18 October 2011, 08:36.

      Comment


      • #4
        Re: Defaults, DCA'a and DMP

        Thank you for the replies.. off to do the diary thing now!!

        Pooks

        Comment


        • #5
          Re: Defaults, DCA'a and DMP

          Hi again guys!

          Right its taken some time but ive got the diary up and all debts 'itemised' in the diary section. I would be grateful if you could take a look when you get a moment and maybe give me some advice please.. my original post above has all the questions as i didnt think i shoud re post that in the diary section! im completely overwhelmed by all the info thats out there, done hours of reading but still confused.

          Thanks I really appreciate any help and advice.

          PTB

          Comment


          • #6
            Re: Defaults, DCA'a and DMP

            Hi sorry to be a pest guys but has anyone had chance to have a look and have any advice on where i go from here? Presume the first thing I do is send a cca to all my creditors? Do i send them to the collector or owner... none of the owners are the original creditor. In the meantime I am not sure what to do about the dmp, its a paying one so ideally i would like to make an arrangement to pay the least i can to the dca's without getting a ccj!!

            No pressing need to clear up credit file except to get onto a cheaper mortgage interest rate but I can wait. Credit file will be clear in 2014. Im just afraid to stop paying the dmp as although all my debts have defaults on the file I dont want to end up with a ccj and then have to wait another 6 years for a clear file.

            With regard to some of the defaults... I entered into the plan dmp in 2005, the creditors accepted the amount offered and i never missed a payment yet one of they defaulted me in 2006 and one in 2008. This is what has confused me as I thought if you had kept up with an agreed payment then they shouldnt default you and if they were not happy then surely they should have put the default on the credit file back in 2005? I have noticed, from statements received, that there are a number of missing payments but these are not from my end and I can prove i haven't missed any payments. Either the dmc have not passed them on (although they have sent me monthly statements too showing they have) or the creditor has 'lost' the payment.

            Nice to know im not alone! Thanks again, Pooks
            Last edited by pooksthebear; 19 October 2011, 21:03.

            Comment


            • #7
              Re: Defaults, DCA'a and DMP

              Hi PTB.

              Have a look on your diary thread I have posted some information etc there for you a little while ago.

              regards
              Garlok

              Comment


              • #8
                Re: Defaults, DCA'a and DMP

                Aw thank you.. didnt think to go there, not sure how to navigate around or where to post or find answers.. im a bit thick!

                Pooks

                Comment

                Working...
                X