Unenforceability Vs DMP

[jaci]

Hi, I've been reading loads on here and on MSE over the last couple of weeks and am a little stuck as to what I should do.

Me and the other half started a DMP with CCCS on 1st Feb this year, and some creditors have been really understanding with us, but some haven't, some have continued with the charges and interest and some are still adding on more than we are paying off each month, which leaves me considering the unenforceability route.

Between us we have around £23,500 unsecured debt, spread between 11 creditors and the rate we're paying it won't be paid back for about 18 years due to the charges and interest which are still being added on.

I'd say half of the debt was taken before 2007 - although I couldn't say when it was taken out.

I just don't know what to do, I've written to them asking them to stop the charges until we are in a better position, but they won't.

I'm just looking for a little advice really, I assume because I'm with CCCS if I were to try this route, I'd have to run my own DMP for those that are enforceable?

My credit ratings already trashed through missed payments before the DMP and of course the DMP.

Thanks in advance and sorry if I waffled x

[LooLoo]

Re: Unenforceability Vs DMP

Hi

sorry can't be a lot of help here.... I personally have done my own DMP and am coping ok and seeing my balances acutally going down.

I think you need to weigh up the pros and cons of both and do what is right for you

but I will say you have come to the right place to get advice!! Esp with the UE. :UE

LL

[Never-In-Doubt]

Re: Unenforceability Vs DMP

Hiya

Get your credit files sorted (one each) and then post the results, in the following format:

See here: ---> viewtopic.php?p=3845#p3845

Basically I need you to get your credit files and then list each creditor with the info requested.... that way i'll be able to determine what is best for you - don't worry though, it gets easier. Following this route kills your credit for 6yrs - then you're debt free and able to apply again. Do a DMP and you'll pay it forever, almost...

Its up to you but have a read of the link above and do what I ask that other member, and click the two links (credit files and questions asked)

Questions are: Who are the other lenders, list them all; how much do you owe; when did you last pay; are you in an arrangement with them; have they defaulted you, if so when; are you dealing with dca or lender; what is the current state of play; what type of credit was it; when was it taken out.

thanks

[jaci]

Re: Unenforceability Vs DMP

Thanks for the replies.

When you say get the credit files, do you mean get the £2 report and then take the relevant info from that and post it on here?

Sorry if I sound dumb, just want to get it right x

[Never-In-Doubt]

Re: Unenforceability Vs DMP

Thanks for the replies.

When you say get the credit files, do you mean get the £2 report and then take the relevant info from that and post it on here?

Sorry if I sound dumb, just want to get it right x

Yes that is what I mean - see here: ---> viewtopic.php?p=158#p158

The reason I ask you to get the credit report is so you can answer things properly - the questions are here:

Who are the other lenders, list them all; how much do you owe; when did you last pay; are you in an arrangement with them; have they defaulted you, if so when; are you dealing with dca or lender; what is the current state of play; what type of credit was it; when was it taken out.

Now, you may know a lot of the answers but it is the last paid, who own the debt, are you defaulted info we need so experian and equifax will provide this for you - get one of each report, for you and OH.

That way you know where you stand, and we'll work through things for you....

[jaci]

Re: Unenforceability Vs DMP

Thanks I'll get those and update when I get chance, bear with me though, I'm new to this head outta the sand business. x

[geekspeak]

Re: Unenforceability Vs DMP

have you thought about an IVA?? Assuming that the agreements are enforceable.

[oscar]

Re: Unenforceability Vs DMP

have you thought about an IVA?? Assuming that the agreements are enforceable.

Why have you posted this?

If the OP is in a DMP organised by CCCS, then obviously an IVA has been an option that will have been put forward, and possibly discussed.

As has been said on another post, is your intention to help, or cause confusion.

[Never-In-Doubt]

Re: Unenforceability Vs DMP

have you thought about an IVA?? Assuming that the agreements are enforceable.

Why have you posted this?

If the OP is in a DMP organised by CCCS, then obviously an IVA has been an option that will have been put forward, and possibly discussed.

As has been said on another post, is your intention to help, or cause confusion.

I agree, I don't think an IVA is even remotely worth considering until the UE route has been exhausted or at least til we know the state of play; with respect to what your debts are/creditors are - info that will become available once the OP has their credit files.

Geekspeak, maybe you aren't aware but we are a pro-unenforceability site - that means we aim for UE across the board first and foremost - when that fails (not often) then we look at alternatives... please bear this in mind, we do not encourage repayments to banks - we encourage non payment due to CCA issues...

Cheers 2

[jaci]

Re: Unenforceability Vs DMP

So ... I'm getting there with the info.

If I list them like this -

MBNA Bank
Loan
Start Date 27-05-2006
Current Balance £1915
Status - Arrangement to pay.

Is that ok, or is more info needed?

[Never-In-Doubt]

Re: Unenforceability Vs DMP

brilliant - just add "date last paid" and if it is the lender or dca you're dealing with plus the type of agreement (loan/card etc)

[jaci]

Re: Unenforceability Vs DMP

Ok, here goes .....

MY ACCOUNTS

LLoyds TSB
Credit Card
Start Date 24-10-2001
Current Balance £1021
Status - In Arrears

Barclaycard Centre
Credit Card
Start Date 22-10-2007
Current Balance £1511
Status - Arrangement to pay

Natwest
Credit Card
Start Date 22-08-2007
Current Balance £2778
Status - Defaulted Jan 2010

Next Directory
Mail Order Agency
Start Date 05-02-2001
Current Balance £462
Status - Up to date

Barclaycard Centre
Credit Card
Start Date 16-10-2003
Current Balance £1041
Status - Arrangement to pay

MBNA Bank
Loan
Start Date 27-05-2006
Current Balance £1915
Status - Arrangement to pay


OH's ACCOUNTS

Capital One
Credit Card
Start Date 01-03-2004
Current Balance £1577
Status - Defaulted

RBS Cards (Mint)
Credit Card
Start Date 11-03-2004
Current Balance £1847
Status Defaulted

BoS Card Services
Credit Card
Start Date 19-10-2004
Current Balance £728
Status Defaulted

Barclaycard Centre
Credit Card
Start Date 13-06-2003
Current Balance £380
Status - Up to date

Joint Account

Halifax Plc
Loan
Start Date 23-04-2008
Current Balance £8677
Status Defaulted March 2010

They were all last paid via CCCS on the 25th August.

We've also got 2 x overdrafts and a mortgage but I haven't included those for obvious reasons,

I know the debts are small compared to what some others have but some just aren't helping me out at all, continuing with charges and interest so the total is increasing every month. I know that the banks don't have to stop charges but I really can never see myself getting out of this debt at the minute.

[Never-In-Doubt]

Re: Unenforceability Vs DMP

Ok, here goes .....

MY ACCOUNTS

LLoyds TSB
Credit Card
Start Date 24-10-2001
Current Balance £1021
Status - In Arrears
Could be UE due to start date

Barclaycard Centre
Credit Card
Start Date 22-10-2007
Current Balance £1511
Status - Arrangement to pay
Unlikely to be UE but no harm trying

Natwest
Credit Card
Start Date 22-08-2007
Current Balance £2778
Status - Defaulted Jan 2010
Unlikely to be UE but no harm trying

Next Directory
Mail Order Agency
Start Date 05-02-2001
Current Balance £462
Status - Up to date
Could be UE due to start date

Barclaycard Centre
Credit Card
Start Date 16-10-2003
Current Balance £1041
Status - Arrangement to pay
Could be UE due to start date

MBNA Bank
Loan
Start Date 27-05-2006
Current Balance £1915
Status - Arrangement to pay
Unlikely to be UE but no harm trying


OH's ACCOUNTS

Capital One
Credit Card
Start Date 01-03-2004
Current Balance £1577
Status - Defaulted
Could be UE due to start date

RBS Cards (Mint)
Credit Card
Start Date 11-03-2004
Current Balance £1847
Status Defaulted
Could be UE due to start date

BoS Card Services
Credit Card
Start Date 19-10-2004
Current Balance £728
Status Defaulted
Could be UE due to start date

Barclaycard Centre
Credit Card
Start Date 13-06-2003
Current Balance £380
Status - Up to date
Could be UE due to start date

Joint Account

Halifax Plc
Loan
Start Date 23-04-2008
Current Balance £8677
Status Defaulted March 2010
Unlikely to be UE but no harm trying

They were all last paid via CCCS on the 25th August.
You need to stop payments

We've also got 2 x overdrafts and a mortgage but I haven't included those for obvious reasons
all are exempt from the CCA so cannot help with those.... continue to pay into them, at arranged amounts but you'll be better iff cos you'll have to stop payments on the above debts.

I know the debts are small compared to what some others have but some just aren't helping me out at all, continuing with charges and interest so the total is increasing every month. I know that the banks don't have to stop charges but I really can never see myself getting out of this debt at the minute.
Don't worry..... see what happens yea?

Ok, regards to the above - first things first. You need to contact your DMP company and cancel the DMP and cite the reason as going down unenforceability, then explain you'll come back to them once you know where you stand in regards to the enforceable ones. Thank them for their help and then read on!

To start the process, after cessation of payments, you should sent the CCA Request (click it) off with a cheque/PO for £1 payable to whoever owns the account, this will be a DCA or the lender. You need to send this (and all correspondence from here-on-in) recorded delivery. The reason for this is to create an audit trail and provide proof, should we end up in court (fat chance of that so dont worry)!

You need to stop answering the phone when they hassle you, you need to notify me of any mail they send you (via this diary) and most importantly you must not pay them anything or speak to them without coming past us first! You do that and you'll ruin the process, you have to stand your ground - be firm and fail security. I suggest you change numbers if it gets too much, but in the meantime if a lender rings you all you do is fail security (see beloe)

Lender: Is that Mr XXXX
You: Who is this
Lender: Barclays
You: No sorry wrong number

or common examples if you mess up and confirm it is you

Lender: Can you confirm your date of birth
You: 01.01.XXXX (pick any date)
Lender: That isn't what we have on record
You: Oh well, bye then (hang up)

Get the idea? See my comments above, in red. Oh, before I forget whatever you do stop banking with any linked company as they will utilise roso and take your money!

What I mean is say you have a bank account with lloyds, and a debt with them that you're looking for UE with then stop paying into that bank account cos they will pinch your dosh! Its legal and above board, just google right of setoff for full details....

[jaci]

Re: Unenforceability Vs DMP

Thanks for this, I'm due review with CCCS shortly anyway, heading off to read some of the diaries now.

[Never-In-Doubt]

Re: Unenforceability Vs DMP

Ok, have fun - make sure your brain is in absorb mode lol....