The SaltnVinegar UE Diary

[SA Gold]

Re: The SaltnVinegar UE Diary

Thanks Missy! Good luck to you too!

Thanks, appreciated!

[SA Gold]

Re: The SaltnVinegar UE Diary

I thought the whole purpose of a DMP would be to AVOID ALL the things you've just described!

This is another thing which has hit me since finding this forum! I guess its the first port of call for most -the banks are not helpful when people are struggling. What's the saying? Oh yes, umbrella in the summer, take it off you in the winter!

If any turn out enforceable, they could still be blagged..

I guess it's a case of knowing how much to push it, and which lenders will action CCJ etc before making an offer? Does anyone know about the process they need to force you to provide earnings, money available?

[SaltnVinegar]

Re: The SaltnVinegar UE Diary

I thought the whole purpose of a DMP would be to AVOID ALL the things you've just described!

Yes - you'd have thought. The only thing it did was reduce the volume of letters/threats. However each review 'period' I went through the threat/response cycle again.

I also had several creditors 'lose' payments. If I hadn't been able to prove payments were sent (recorded delivery) then these creditors would have banked my money and claim I had broken the arrangement.

I also still have a creditor try to issue court proceedings.

So overall my DMP experience was, at best, only ok. At worst, it was no better than had I not been on a DMP at all.

I understand people with CCCS have had better experiences. But I also have seen too many people reach the end of the DMP period only to be told by the CCCS that they still have outstanding debt because some creditors had not frozen interest & charges.

This, with the things that have happened to my family this year, have made me reassess things. I'll admit, there are many more people (especially here on AAD) whose personal circumstances are a lot more serious, and longer term, than mine. However we each have our 'eureka' moments. I had my first in August 2010 (when I started my DMP) and I have had another a couple of months ago, when I have decided to start the UE approach.

You won't regret it!

The only regret I would have had would have been to have done nothing and continued the status quo.

F&F offers are a long way away! If the accounts are UE, why offer them anything? If any turn out enforceable, they could still be blagged...

Yes I know

UE accounts are going to get nothing and will be offered nothing.

Enforceable accounts I am hoping that after many months of getting nothing my creditors will be more open to F&F. Santander/Wescot have already been open to negotiation but won't go below 50%. I think theres a little more room there!

Best
SnV

[SA Gold]

Re: The SaltnVinegar UE Diary

Funny you should say that, ever since I was little I always heard that banks "will give you an umbrella as long as there was no chance of rain"!


Many years later I was doing a presentation for a bank that used to use an umbrella as its logo and I was doing an animation of the umbrella, etc. I couldn't stop thinking about the irony of the whole thing!

The only way they can FORCE you to provide that kind of information is by taking you to court, and then it would be the JUDGE who would request it!

Agreed! Banks are complete maggots if you ask me :-)
That's useful to know about the information; all they can do is request it then I guess. Shame :-)

[SaltnVinegar]

Re: The SaltnVinegar UE Diary

The above has happened to a lot of people. I know a few cases where court papers have been issued to people on DMPs, often when the debts were sold. DMPs are not legally binding, something that a lot of people don't seem to be aware of, especially when they go through an 'official' organisation like CCCS!

Like littletinkerbell's mum!

Yes - and shes the tip of the iceberg. A lot of people who went with fee paying DMP companies are also finding the same thing happening.

At least mine was self managed and I knew this may always be a possibility.

Have you established this is enforceable?

Its an O/D but I have sent off Niddys O/D CCA request special. So far no response but its early days yet

Best
SnV

[SaltnVinegar]

Re: The SaltnVinegar UE Diary

Agreed! Banks are complete maggots if you ask me :-)
That's useful to know about the information; all they can do is request it then I guess. Shame :-)

What you have to be careful of is some creditors will 'request' this information by asking you to fill out their own format I/E sheets.

Every single one of these I have seen has missed out important expenditure that is present on the Common Financial Statement (CFS).

What this means is that when it comes to calculating your disposable income it makes its artificially higher than it should be resulting in them demanding more than you can realistically afford........

[SA Gold]

Re: The SaltnVinegar UE Diary

What you have to be careful of is some creditors will 'request' this information by asking you to fill out their own format I/E sheets.


Every single one of these I have seen has missed out important expenditure that is present on the Common Financial Statement (CFS).

What this means is that when it comes to calculating your disposable income it makes its artificially higher than it should be resulting in them demanding more than you can realistically afford........

That sounds about right! I guess if you added in everything proving the real amount they would have to accept it i guess. If not, and it did go down the court route, surely the magistrate would only re-iterate what you have already told them? Things like rent, mortgage, gas, water, child maintenance will trump something like a personal loan?
Cheers.

[SA Gold]

Re: The SaltnVinegar UE Diary

Just to clarify, people shouldn't be sending out I&E forms to creditors, you'd only do that under certain circumstances to get creditors to accept reduced payments on enforceable debts, but not when you're following the UE route. Only a court has the right to demand that information from you.

Thanks for clarification on that!

[SaltnVinegar]

Re: The SaltnVinegar UE Diary

Just to clarify, people shouldn't be sending out I&E forms to creditors, you'd only do that under certain circumstances to get creditors to accept reduced payments on enforceable debts, but not when you're following the UE route. Only a court has the right to demand that information from you.

Thanks for clarification on that!

Absolutely!

I did previously provide creditors with I/E information (those that are not UE) but the latest round of letters I have not. They've basically been told that expenditure exceeds income and I cannot pay them for a while.

I'll let you know what the response is!

Best
SnV

[SA Gold]

Re: The SaltnVinegar UE Diary

Absolutely!

I did previously provide creditors with I/E information (those that are not UE) but the latest round of letters I have not. They've basically been told that expenditure exceeds income and I cannot pay them for a while.

I'll let you know what the response is!

Best
SnV

Please do let us know how you get on!
Cheers.

[SaltnVinegar]

Re: The SaltnVinegar UE Diary

Please do let us know how you get on!
Cheers.

Hi Missy

Yes of course

This diary gets updated every time I get something new from a creditor (or I send something off). I'm being much more aggressive with them than I have been previously, so will be interesting to see the response thats received!

Best
SnV

[SaltnVinegar]

Re: The SaltnVinegar UE Diary

Black Horse:

• Type of account - Personal Loan
  
  
• Date commenced - Pre April 2007
  
  
• Approx balance - Approx £1200
  
  
• Date last full payment - Feb/March 2010?
  
  
• Are you on arrangement or not paying - Arrangement (stopped DMP payments July 2012)
  
  
• Status - Defaulted, but can't remember getting a DN
  
  
• Account owner - Nationwide (Blackhorse inhouse DCA?)

Blue - Communication Sent
Red - Communication Received

10/8/2012 - Notice of arrears received
20/8/2012 - Letter from Nationwide Collection Services Limited stating that I am overdue a payment on my payment arrangement
21/8/2012 - Payment break letter sent
29/8/2012 - Letter from Black Horse stating that they will reduce interest on agreement to 0%

Bizarre letter from Black Horsey:

Dear SnV

We have decided, as a concession, to apply an interest rate of 0% to your agreement. This is lower than your contractual rate of interest. This rate will apply until the end of your agreement. We reserve the right in our discretion to withdraw this concession at any time.

If you settle your agreement early however, we MAY calculate your settlement figure using your contractual rate of interest.

Now considering that theres no chance of me settling the agreement early (as it should have ended almost 2 years ago) I wonder what they are going on about!

Best

SnV

[SaltnVinegar]

Re: The SaltnVinegar UE Diary

Littlewoods (Shop Direct):

• Type of account - Catalogue Account
  
  
• Date commenced - Early/Mid 2007 (not sure exactly)
  
  
• Approx balance - Approx £750
  
  
• Date last full payment - August 2010?
  
  
• Are you on arrangement or not paying - Arrangement (stopped DMP payments July 2012)
  
  
• Status - Default notice received
  
  
• Account owner - Lowell

Key:
Blue - Communication Sent
Red - Communication Received

13/8/2012 - Letter received from Lowell asking what they can do to help
21/8/2012 - Payment break letter sent
13/8/2012 - Letter received from Lowell demanding payment in full or £30 a month

The friendly chaps at Lowell have sent me a letter demanding payment in full or 30quid a month. Now considering that they were getting less than that when I was on my DMP they are obviously barking, and haven't done anything to address my letter of the 21st.

Letter ping pong here we come!

Best
SnV

[MrsD]

Re: The SaltnVinegar UE Diary

a one liner referring them to your last letter, is the way I'd go

[SaltnVinegar]

Re: The SaltnVinegar UE Diary

a one liner referring them to your last letter, is the way I'd go

Thanks Mrs D. That was my thoughts too.

Best
SnV