Unenforceability Vs DMP

[Never-In-Doubt]

Re: Unenforceability Vs DMP

*heads off to read more*

Ok, points to bear in mind, a lender/dca will chase you all the time - that's factual. We pretty much bounce letters from one to another denying their claim it is enforceable. If they decide enough is enough they will start court action. At that point you make one of two decisions;

1. Defend it (only in exceptional circumstances)
2. Walk away and admit the claim and agree to repayments (usually £5 per month or similar)

Court can be avoided, so long as you keep on top of letters etc and post accurate details of progress on here....

Basically only a court can decide on UE and after Carey, they don't tend to side with us much - that is why they said that a lender can pretty much create a document and purport it as being an agreement, even though they forged it using cut/paste.

The system stinks unfortunately..... but that is a layman version of process for you.

[MrsD]

Re: Unenforceability Vs DMP

Jaci

Can I just pop in a tuppence worth about the DMP. A DMP is a way of paying off your debts, its meant to benefit you by giving you more time and manageable payments and benefit them in that they get paid something evenutally. CCCS are very good but they MUST tailor the DMP to you not to what they think the creditors might want. I had this problem with ours, and I cancelled it and went for UE but being me when I cancelled it I told them in no uncertain terms why, I was quite prepared to pay a very sizeable payment per month but the review threw up loads of problems, they didn't want me to feed my two adult children who live with us!!!, they didn't want to allow a contribution to university fees for my son although he wasn't entitled to a loan cos of what we earned and although he works its minimum wage and he's at uni. They said I couldn't list a chariable contribution which was very longstanding and was only £7 per month, I had to disguise it in food. Anyway on with the rant, the supervisor who I spoke to when cancelling was really sympathetic and pointed out that what happened to me should not have happened, did I want to take the complaint further, I couldn't be bothered. However I have heard a couple of similar stories leaking back, they are a charity, they are there to help you, insisting you have money that you don't have isn't helpful, no one is expecting to be able to lead the life of riley on a DMP but you must be able to live. its not a bad idea to look at UE for those that could be, then you can pay the rest back with a self managed DMP, where you make the rules and the creditors do what you want, not the other way around. Have a wee read at Helmsman's Diary, he was on a DMP too. Try not to worry, its about learning how the system works, its a bit like the Matrix, there is all this shit in debt collection activity that normally you just don't see until you can't pay something, then there it all is!

[jaci]

Re: Unenforceability Vs DMP

Thanks, It's always reassuring to know that others have had the same problems as I'm having at the moment and they've come out at the other end.

Have done a heck of a lot of reading of the diaries and some other bits today, and have brain ache now!

If I could continue making the payments at the rate I'm at now things wouldn't seem so bad as at least then the end would be in sight - very distantly, admittedly but still ...

Anyhow, at the moment I honestly don't know which way to go - continue with the DMP, lower the payments and keep at it til I'm 197, or try UE - the only thing that puts me off this at the minute is it's not something I'd feel confident doing alone, I'd need you guys to hold my hand.

I'm going to sleep on it (give myself a chance to absorb everything I've read tonight), and see how things feel in the morning.

Night all and thanks to everyone for your support.

[Never-In-Doubt]

Re: Unenforceability Vs DMP

Jaci

You're never alone, there are loads of us around sorting out UE stuff and I am based here pretty much, all you need to do is follow the advice given, do exactly what we suggest and then you'll be fine......

Even if things get bad, you're never left alone - I think you can see the amount of time I spend in the diaries and nothing is left alone. Its up to you of course, but just do what is right by you - don't feel pressured into anything, from here or by creditors/dca's.

[jaci]

Re: Unenforceability Vs DMP

Thanks again, just a couple of questions ...

One of the accounts is with Barclaycard and when we started the DMP had a really small balance of around £250, however they never stopped or lowered interest AND have been adding £24 of charges on each month (late payment and over limit charges). CCCS advised to ask them to stop the interest and charges but not to worry to much about it til we were getting to the end of the DMP and deal with it then. But I wrote to them fairly recently asking them to stop and also to stop the PPI on the account and refund it as we stupidly didn't realise they were still taking that, they said they'd get back to us by the end of March and I still haven't heard back from them, would I need to continue with that complaint first or alongside UE or just forget that complaint for the time being? Balance on this one's around £600ish now. The account was opened 2003.

Also when I listed the accounts I did mine and OH's, and it would be me dealing with all this, obviously he'd know what's going on, but it would be me on here, printing letters, etc, would that cause any problems along the way?

[Never-In-Doubt]

Re: Unenforceability Vs DMP

One of the accounts is with Barclaycard and when we started the DMP had a really small balance of around £250, however they never stopped or lowered interest AND have been adding £24 of charges on each month (late payment and over limit charges). CCCS advised to ask them to stop the interest and charges but not to worry to much about it til we were getting to the end of the DMP and deal with it then. But I wrote to them fairly recently asking them to stop and also to stop the PPI on the account and refund it as we stupidly didn't realise they were still taking that, they said they'd get back to us by the end of March and I still haven't heard back from them, would I need to continue with that complaint first or alongside UE or just forget that complaint for the time being? Balance on this one's around £600ish now. The account was opened 2003.

Chances are the mis-sold PPi and refund of charges will put this back into credit - have a read here --- Reclaiming as there is a set process for claiming charges AND ppi and you need to really be following the set procedures.... if you get stuck, speak to Di30 who is our resident PPi reclaim expert

Also when I listed the accounts I did mine and OH's, and it would be me dealing with all this, obviously he'd know what's going on, but it would be me on here, printing letters, etc, would that cause any problems along the way?

No, however you'd need to either do 2 diaires (one each) or make it clear which is which within your own diary, i.e. just list them all as though they were yours - however would hubby listen to the advice etc given?

[jaci]

Re: Unenforceability Vs DMP

Yeah OH would listen and pay attention.

So with the barclaycard I mentioned, I'd be best of carrying on with my complaint and aiming for a PPI and charges refund?

So I guess the first thing to do is cancel the DMP payment and send them all a CCA request? When I send this with my cheque for £1 does the signature on the cheque matter - sorry if this is a really silly question, but I remember reading lot's of people saying not to let them see your signature previously.

A couple of the account's seem to have been passed on to Debt Collectors now, am I right in thinking I need to be writing to whoever I am paying at the moment?

Last question (for now) is would I need to see a more up to date credit report, the last one I accessed on-line so do I need to be seeing that again?

Again sorry if these are obvious questions, just don't want to be messing up on the basics.

[Never-In-Doubt]

Re: Unenforceability Vs DMP

Yeah OH would listen and pay attention.

Good!

So with the barclaycard I mentioned, I'd be best of carrying on with my complaint and aiming for a PPI and charges refund?

Yep - definitely, create a new thread in the Reclaiming section (see my last post for link) - and then Di will help you out..... keep that separate from the diary at all times as we'll not touch it, being the small balance etc.....

So I guess the first thing to do is cancel the DMP payment and send them all a CCA request? When I send this with my cheque for £1 does the signature on the cheque matter - sorry if this is a really silly question, but I remember reading lot's of people saying not to let them see your signature previously.

If you're happy to cancel the dmp and go for UE then yea - do it (tell them you're looking into the feasability of unenforceability) - they'll understand why you're cancelling..... Sign cheque differently - its only £1 so it wouldn't be checked by the bank, I usually suggest you get a mate to sign for you - so how to do it, you sign on a piece of paper and show it a mate/hubby etc and then let them do it (first time) on your cheque - that way you know it is different, not your handwriting and best of all - if it appears on an agreement then you have a good argument for UE.

A couple of the account's seem to have been passed on to Debt Collectors now, am I right in thinking I need to be writing to whoever I am paying at the moment?

Send the CCA Request to the original creditor if you can, if not then yea - send to whoever owns the account now....

Last question (for now) is would I need to see a more up to date credit report, the last one I accessed on-line so do I need to be seeing that again?

No need to see it, you know what your credit accounts are (don't you?) so what shows on your credit file right now is irrelevant unless you're not in arrears/defaulted in which case think twice prior to seeking UE as it will knacker your credit file - which is what we strive for here, defaults! (cos it's a good thing when you go for UE due to the fact you know that in 6yrs it'll be wiped from your record and you can start again)...

Again sorry if these are obvious questions, just don't want to be messing up on the basics.

It's Sunday - i'll charge you double time if you carry on!

[jaci]

Re: Unenforceability Vs DMP

Thanks will get letters done and sent and I suppose I'll be needing a diary then?

Will dig out the letters re the barclaycard PPI tomorrow and have a wander over there as well.

[Never-In-Doubt]

Re: Unenforceability Vs DMP

Thanks will get letters done and sent and I suppose I'll be needing a diary then?

Will dig out the letters re the barclaycard PPI tomorrow and have a wander over there as well.

A diary may be a good idea..... see this: ---> Unenforceability Diaries - Read me First!

[jaci]

Re: Unenforceability Vs DMP

Sorry for the absence (again), Quick update though ...

I have been letter writing this afternoon so at some point over the weekend will be starting my diary and then bombarding you all with questions, also planning on seeking the advice of your PPI expert over the weekend too.

In other news ... I have a job!!! That goes part the way towards explaining my absence over the past month - that and I had to cancel the DMP - In the end it was as simple as pay or feed the family, I cancelled the DMP when the kids was on easter holidays and I just wanted to enjoy that little bit of time without worrying about things too much. Plus I wanted to get all my letters/statements and all the other bit's of junk they've sent me over the past year in a very organised manner - ready for the next mountain of mail I'm about to receive.

I suppose one more thing for me to be honest about while I'm here is I'm kind of hoping that though doing this those debts which are enforcable will be sold on when I stop paying so I'm hoping to be able to offer F&F's on them, so I'm already stashing any spare cash

[jaci]

Re: Unenforceability Vs DMP

Diary started here ...

http://forums.all-about-debt.co.uk/s...0751#post80751

[jaci]

Re: Unenforceability Vs DMP

OK, So i sent the CCA requests and cancelled the DMP But what should I be doing about the overdraft? Obviously cos I stoped the DMP they're not getting any money now, but I haven't heard anything from them, Ideally I'd like to offer them a F&F, but I'm guessing now is to soon to be offering that, so should I be making some kind of token payment or ignoring them until they remember me?

Hope this gets seen here - wasn;t sure where to post!

[LooLoo]

Re: Unenforceability Vs DMP

Jaci I'm not too sure...........

Because I was doing my own DMP with the overdraft I am just carrying on paying what was set up as a repyment plan with an anual review

I would wait and see what Niddy advises - maybe put a link to your post on your UE diary?

Hope this helps

[swanfan]

Re: Unenforceability Vs DMP

OK, So i sent the CCA requests and cancelled the DMP But what should I be doing about the overdraft? Obviously cos I stoped the DMP they're not getting any money now, but I haven't heard anything from them, Ideally I'd like to offer them a F&F, but I'm guessing now is to soon to be offering that, so should I be making some kind of token payment or ignoring them until they remember me?

Hope this gets seen here - wasn;t sure where to post!

You should offer them what you were paying in hte DMP or what you can afford in the meantime.

Ideally if you're looking to do an F&F you'd want it to be passed on to a DCA who would be more likely to accept a lower amount.