Unenforceability Due To Lack Of Statements on DMP?

[Peppa Pig]

Hi to all!
A newbie here, so firstly please forgive me if I'm posting in the wrong place/asking a question that's been asked a thousand times before or neglecting to thank someone I should.
A bit of history - I've wandered over from the ML DMP thread, where I've been a regular for over 2 years since my finances first went bottom up.
My DMP commenced in August 2009. I have 3 creditors, and a current combined debt total of approx £14,000 (but on low income so DFD many, many years away.)
I will shortly be in a position to offer F + F's, no probs, happy to handle this with 2 creditors.
However - 3rd creditor is a C/C company. They defaulted me, the only one do so, thankfully early in August 2009.
So, to the nitty-gritty; I think probably my agreement with this company is pretty flakey in the first place but I really don't want to go down the full unenforcebility route. However, I believe there is a legal requirement to send 6 monthly/yearly? statements when on a DMP?
I haven't received a statement from this company since Sept 2009.
Finally my question! - I'm thinking of starting my F + F offer relatively low at 30% (on a debt of approx £6,200) If this should be refused, would it be fairly easy to apply pressure in the form 'you didn't send statements' so therefore there are unenforcebility issues- accept what you are being offered? And any chance of getting the default removed?
Any thoughts or advice gratefully received. Thankyou.

[Never-In-Doubt]

Re: Unenforceability Due To Lack Of Statements on DMP?

Hi to all!
A newbie here, so firstly please forgive me if I'm posting in the wrong place/asking a question that's been asked a thousand times before or neglecting to thank someone I should.
A bit of history - I've wandered over from the ML DMP thread, where I've been a regular for over 2 years since my finances first went bottom up.
My DMP commenced in August 2009. I have 3 creditors, and a current combined debt total of approx £14,000 (but on low income so DFD many, many years away.)
I will shortly be in a position to offer F + F's, no probs, happy to handle this with 2 creditors.
However - 3rd creditor is a C/C company. They defaulted me, the only one do so, thankfully early in August 2009.
So, to the nitty-gritty; I think probably my agreement with this company is pretty flakey in the first place but I really don't want to go down the full unenforcebility route. However, I believe there is a legal requirement to send 6 monthly/yearly? statements when on a DMP?
I haven't received a statement from this company since Sept 2009.
Finally my question! - I'm thinking of starting my F + F offer relatively low at 30% (on a debt of approx £6,200) If this should be refused, would it be fairly easy to apply pressure in the form 'you didn't send statements' so therefore there are unenforcebility issues- accept what you are being offered? And any chance of getting the default removed?
Any thoughts or advice gratefully received. Thankyou.

Hiya & welcome from the green side

Ok, I see where you're coming from - nope, you cannot add weight to the fact that no statements were forthcoming, this would only affect the enforcing the debt which isn't applicable being you're on a dmp and paying it anyway.

As for your offer, that 30% is way too high! For a debt of £6200 start at £1000 and then go up in £250 multiples, never go in at your highest offer.... so in order to beat the system and get good offers you need to stop payments, basically. Harsh considering you've said you're not wanting to look at UE but otherwise you're throwing good money away as they will not reduce offers to a low value if you're making payments, will they?

If I was you, i'd look to stop paying (cancel the dmp) so that the debts are assigned/given to DCA's - then ignore their first few letters and then go for the CCA then simply make an offer. That is how you beat them and get the best results, someone yesterday had a £10k debt with the actual lender knocked down to £2500 so it can and does work!

However, your credit file is now knackered, they will not negotiate default removal in exchange of payment after the McGuffick ruling said they can report factual events, as factually you did fall behind and default, they will not remove it.

Make sense?

[caspar]

Re: Unenforceability Due To Lack Of Statements on DMP?

Sorry Niddy - thank you button disappeared again. It comes and it goes lol! Logged out and logged in again and it's back!

Peppa just to echo the above. You definitely can't use lack of statements to strengthen a F&F. Also agree your initial offer is too high. I wrote a letter for someone today with exactly the same amount of debt and we started at £850ish. If you don't ask, you won't get, so always start low and go up. If you start high you can't then go down.

[Never-In-Doubt]

Re: Unenforceability Due To Lack Of Statements on DMP?

Sorry Niddy - thank you button disappeared again. It comes and it goes lol!

This happens if you're in a thread and it's been updated without you posting, best to click refresh (or press F5).....

[Peppa Pig]

Re: Unenforceability Due To Lack Of Statements on DMP?

Hiya & welcome from the green side

Ok, I see where you're coming from - nope, you cannot add weight to the fact that no statements were forthcoming, this would only affect the enforcing the debt which isn't applicable being you're on a dmp and paying it anyway.

As for your offer, that 30% is way too high! For a debt of £6200 start at £1000 and then go up in £250 multiples, never go in at your highest offer.... so in order to beat the system and get good offers you need to stop payments, basically. Harsh considering you've said you're not wanting to look at UE but otherwise you're throwing good money away as they will not reduce offers to a low value if you're making payments, will they?

If I was you, i'd look to stop paying (cancel the dmp) so that the debts are assigned/given to DCA's - then ignore their first few letters and then go for the CCA then simply make an offer. That is how you beat them and get the best results, someone yesterday had a £10k debt with the actual lender knocked down to £2500 so it can and does work!

However, your credit file is now knackered, they will not negotiate default removal in exchange of payment after the McGuffick ruling said they can report factual events, as factually you did fall behind and default, they will not remove it.

Make sense?

Hi Niddy
Thanks for your comprehensive reply. Yup it does all make sense with your explanation about lack of statements not adding weight to my offers, and also re: removal of a default. (Was hoping my 'ploy' of not hassling them for statements might count in my favour at the end.)
I am gob-smacked though at levels of F + F's. "Never go in at your highest offer" - 30% was going to be my lowest, and work up to 60%!!!
And I know I'm a lily-livered coward but I don't think I have the courage to stop my DMP payments (Peppa was a well brought up, polite little pig-which is probably why I'm wallowing in the muck now )
Blimey, I do think all of you over here on the 'dark side' are very brave. UE is a hard road to travel, but your support for each other is brilliant
And thanks to all for your wonderful greetings, and making me feel so
Was going to shuffle off back to the DMP thread but will lurk here for awhile.
Thanks for your advice.

[Peppa Pig]

Re: Unenforceability Due To Lack Of Statements on DMP?

Peppa just to echo the above. You definitely can't use lack of statements to strengthen a F&F. Also agree your initial offer is too high. I wrote a letter for someone today with exactly the same amount of debt and we started at £850ish. If you don't ask, you won't get, so always start low and go up. If you start high you can't then go down.

Really apreciate your help. As per my reply to Niddy you've opened my eyes to intial F+F offers. Can only wish you 'Good luck' with your offer!

[Never-In-Doubt]

Re: Unenforceability Due To Lack Of Statements on DMP?

Was going to shuffle off back to the DMP thread but will lurk here for awhile.
Thanks for your advice.

You should stay here we have some fun threads etc - for instance if you want to have the best laugh ever, read this: ---> Best ever Template Letters

Guaranteed to bring tears to your eyes (I mean the download)....

We hope you'll like it here enough to stay longer

[Peppa Pig]

Re: Unenforceability Due To Lack Of Statements on DMP?

You should stay here we have some fun threads etc - for instance if you want to have the best laugh ever, read this: ---> Best ever Template Letters

Guaranteed to bring tears to your eyes (I mean the download)....

We hope you'll like it here enough to stay longer

Just had a quick peek....
I think you're all raving, bl**dy mad here - love it and feel so at home!

[caspar]

Re: Unenforceability Due To Lack Of Statements on DMP?

Peppa, last week I helped somebody get a £10000 debt written off entirely. No F&F, written off, marked as settled and default removed. You'd be amazed what is possible!

[Peppa Pig]

Re: Unenforceability Due To Lack Of Statements on DMP?

You should stay here we have some fun threads etc - for instance if you want to have the best laugh ever, read this: ---> Best ever Template Letters

Guaranteed to bring tears to your eyes (I mean the download)....

We hope you'll like it here enough to stay longer

As I'm on a DMP and skint, I believe it's your legal obligation to supply me with 2 x packs man-size tissues and 1 x pack incontinence pads, to ease the distress of weeing myself and crying uncontrollably!
Read a bit further now - love it (and apologies cos' going more and more off topic)