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  • #31
    Re: Pookies UE Diary

    Originally posted by Never-In-Doubt View Post
    Hi - just back in uk today; hold fire and I'll have a read thru this tomorrow and offer my opinion if you want?

    Personally; I would start by ceasing the dmp. Logic there goes by way of the cra entries will fall off regardless whether debt is paid or not. This buys you time to save and think. Yea, always a risk you get a ccj but that's when we hit em with a sensible f&f offer - to back off and that's all assuming they have compliant paperwork don't forget....

    I would regardless, cease all payments to this dmp ASAP like now. If necessary we set up a free one via cccs.

    Trust us; you'll be fine. I'll post again in morning

    Hi Niddy,

    Yes please it would be great if you could have a look through my posts.

    Great minds and all that.. i had just come to an agreement with mum to borrow the money for the car and heating and pay her back at £100 a month instead of paying into the dmp. I think I will still have to pay cabot for the yorkshire bank overdraft though?

    As for the ccj avoidance.. this is where im in a catch 22 position as I cant make a f&f offer without funds (and wont have any availble after i have borrowed from mum for the house etc) so only way of getting funds is to release equity and only good for a sub prime mortgage for a few years.

    The mortgage offer was with Kensington, with a condition of the mortgage that i paid all the debts off within 28 days of release of funds. The plan was to move away from them in 2 years (as their interest rate soared after the initial fixed 2 year rate), but looking at my credit file theres no way I could have remortgaged after 2 years so would have been stuck with them.

    Anyway i will let you have a look and get back to me. After reading your post I hung onto the cra letters, they are ready to go (off the template) and i have the postal orders - which i havnt written any payee on (not sure i should?).

    Oh by the way.. i have the original credit agreement for one debt but its not signed by me, not sure the dca has it though. Also if you want to have a look i have absolutely no idea how to upload stuff and I dont have a scanner!

    Thanks and hope you enjoyed your holiday

    Pooks

    Comment


    • #32
      Re: Pookies UE Diary

      Originally posted by pooksthebear View Post
      Hi Niddy,

      Yes please it would be great if you could have a look through my posts.

      Great minds and all that.. i had just come to an agreement with mum to borrow the money for the car and heating and pay her back at £100 a month instead of paying into the dmp. I think I will still have to pay cabot for the yorkshire bank overdraft though?

      As for the ccj avoidance.. this is where im in a catch 22 position as I cant make a f&f offer without funds (and wont have any availble after i have borrowed from mum for the house etc) so only way of getting funds is to release equity and only good for a sub prime mortgage for a few years.

      The mortgage offer was with Kensington, with a condition of the mortgage that i paid all the debts off within 28 days of release of funds. The plan was to move away from them in 2 years (as their interest rate soared after the initial fixed 2 year rate), but looking at my credit file theres no way I could have remortgaged after 2 years so would have been stuck with them.

      Anyway i will let you have a look and get back to me. After reading your post I hung onto the cra letters, they are ready to go (off the template) and i have the postal orders - which i havnt written any payee on (not sure i should?).

      Oh by the way.. i have the original credit agreement for one debt but its not signed by me, not sure the dca has it though. Also if you want to have a look i have absolutely no idea how to upload stuff and I dont have a scanner!

      Thanks and hope you enjoyed your holiday

      Pooks
      Hiya

      Ok, if I'm reading right you only have 5 debts, which isn't that bad really - first things first - forget F&F offers right now. That is mental, instead if you can be afford to do what you want with the bank of mum then take that option and use it for whatever you ened, cancel the DMP asap and then pay your mum the money you'd usually be paying into the DMP plus anything else you can afford to reduce the debt....

      regards the actual 5 debts; stop worrying about duplicate defaults etc at this stage as you will get defaulted (if not already) when you go down the UE route. Thing is, remortgaging with Kensington isn't what I would do, so if you can afford to do what you need to with the money from mum then forget credit for 6 years and lets take the fight back to the lenders and see what they have about the credit they were so keen to issue you...

      For the moment, you need to send a CCA Request to each of the creditors, even the bank account - daft maybe, but it does buy some time and allow me to catch up as well (heaving as you can imagine)....

      Basically, send off CCA's and just stop paying into the DMP - obviously ensure you have a bank with none of the lenders you owe to, or they will set-off any credits against the debts owed.

      You won't get ccj's - we'll stop it before that happens, but for the same respect doing things this way does mean you'll struggle to remortgage so unless you're desperate for a new product or something then forget credit and look towards statute barred in 6 years, or if they get too heavy then we need to look at F&F offers OR a regular payment (only on enforceable ones, such as the bank account)...

      Hope the above makes sense, but let me know what you'd rather do...

      Send the CCA Request to whoever owns the debt, you can leave the PO blank if you want - makes no odds.....
      I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

      If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

      Comment


      • #33
        Re: Pookies UE Diary

        Originally posted by Never-In-Doubt View Post
        Hiya

        Ok, if I'm reading right you only have 5 debts, which isn't that bad really - first things first - forget F&F offers right now. That is mental, instead if you can be afford to do what you want with the bank of mum then take that option and use it for whatever you ened, cancel the DMP asap and then pay your mum the money you'd usually be paying into the DMP plus anything else you can afford to reduce the debt....

        regards the actual 5 debts; stop worrying about duplicate defaults etc at this stage as you will get defaulted (if not already) when you go down the UE route. Thing is, remortgaging with Kensington isn't what I would do, so if you can afford to do what you need to with the money from mum then forget credit for 6 years and lets take the fight back to the lenders and see what they have about the credit they were so keen to issue you...

        For the moment, you need to send a CCA Request to each of the creditors, even the bank account - daft maybe, but it does buy some time and allow me to catch up as well (heaving as you can imagine)....

        Basically, send off CCA's and just stop paying into the DMP - obviously ensure you have a bank with none of the lenders you owe to, or they will set-off any credits against the debts owed.

        You won't get ccj's - we'll stop it before that happens, but for the same respect doing things this way does mean you'll struggle to remortgage so unless you're desperate for a new product or something then forget credit and look towards statute barred in 6 years, or if they get too heavy then we need to look at F&F offers OR a regular payment (only on enforceable ones, such as the bank account)...

        Hope the above makes sense, but let me know what you'd rather do...

        Send the CCA Request to whoever owns the debt, you can leave the PO blank if you want - makes no odds.....

        Yes 5 debts, all already have defaults on credit file. One default comes off credit file at end of this month, one in Dec this year, one in March next year. The last two will be off my file in 2013 and 2014. There is no other bad credit on there. There are two credit cards on there, ive actually overpaid on them and i cut them up whilst in credit. Also on there is my current bank account, a catalogue and my mortgage - all up to date and no late payments.

        Im not looking for any credit, never want credit again to be honest. The only thing I would like to do at some point is remortgage and do the other repairs to the house and get mum paid back the balance. Maybe someone will give me a mortgage in 2014 when the last default comes off do you think?

        Im not prepared to pay the dca's 85% of what i owe or continue paying the dmc for the priviledge of robbing me and serving up bad advice. Nope. Im gonna follow your advice Niddy.

        I will send the cca requests to the owners of the debts and not the dca chasing the debt. Im on a course all day tomoro so these will go off first thing Tuesday. Let me know if you want me to post up the original cca i have and if so, how to do it.

        Thanks for helping, Pooks

        Comment


        • #34
          Re: Pookies UE Diary

          Well done, very wise decision above; yes once all the old stuff vanishes then you'll be fine changing mortgage etc - it's a small price to pay really.....

          Keep us updated with any communication and remember - no speaking to any of the creditors on the phone ok?

          Best of luck - ask us before doing anything you're unsure of
          I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

          If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

          Comment


          • #35
            Re: Pookies UE Diary

            Hi all,

            Right.... going back to end of 2009 early 2010 I have a recollection of paying off the orange debt I had, which was being chased by Moorcroft. The DMC have confirmed to me that they spoke to Moorcroft on 09.12.2009 who confirmed the debt was satisfied, they took the debt off the DMP Jan 2010. Now bearing in mind this was my smallest debt (default put on credit file in 2007.. just found this), there would be absolutely no reason for me to stop paying this on the DMP UNLESS i had paid it. I have heard nothing from them since.. until a couple a weeks ago when out of the blue a letter from Capquest landed saying I owe them £51 and they have passed the debt to Mackenzie Hall for collection.

            I have trawled through my bank statements and cannot find a payment to them for the debt so I have requested the bank send me details of some cheques I paid back then to see if any are for Orange or Moorcroft. The credit file has not been updated by them since Jan 2010.

            I dont know how to add this one to my debt diary thing at the top so if anyone can show me how i will!!

            I have sent all my CCA requests off today, they wont have caught tonights post so I will give them 12 days from tomoro to respond, ive also sent one to Capquest.

            Can I ask please.. when/if someone rings me regarding a debt.. do I edit the appropriate creditor at the beginning of this diary or put in a separate post?

            Thanks everyone, Pooks

            Comment


            • #36
              Re: Pookies UE Diary

              Originally posted by Never-In-Doubt View Post
              Well done, very wise decision above; yes once all the old stuff vanishes then you'll be fine changing mortgage etc - it's a small price to pay really.....

              Keep us updated with any communication and remember - no speaking to any of the creditors on the phone ok?

              Best of luck - ask us before doing anything you're unsure of

              Thank you Niddy, Im sure Im gonna have lots and lots of questions!

              Pooks

              Comment


              • #37
                Re: Pookies UE Diary

                Originally posted by pooksthebear View Post
                Hi all,

                Right.... going back to end of 2009 early 2010 I have a recollection of paying off the orange debt I had, which was being chased by Moorcroft. The DMC have confirmed to me that they spoke to Moorcroft on 09.12.2009 who confirmed the debt was satisfied, they took the debt off the DMP Jan 2010. Now bearing in mind this was my smallest debt (default put on credit file in 2007.. just found this), there would be absolutely no reason for me to stop paying this on the DMP UNLESS i had paid it. I have heard nothing from them since.. until a couple a weeks ago when out of the blue a letter from Capquest landed saying I owe them £51 and they have passed the debt to Mackenzie Hall for collection.
                Hiya

                Ok regards to this - you're saying they're now chasing an additional £51, right? Ok, so the easiest thing to do is to request confirmation from the DMP company at the time, as to why it was stopped - they should have records, you may need to SAR them.

                In the meantime you write to CapQuest with the following styled letter - basic and to the point:
                This account was settled via DMP back in January 2010 and I therefore have no debt outstanding towards this account. Please provide evidence as to my liability for the alleged debt, and in the meantime I will request confirmation in writing from my DMP company as to why they took it off the DMP in January 2010.

                I will be in touch once this information is available, however for the interim I suggest you cease all collection activity toward this account until the matters raised have been formally addressed and concluded, one way or another.
                That's all you need to do - the DMP company is where you'll get the info you need, not your bank or Orange
                I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                Comment


                • #38
                  Re: Pookies UE Diary

                  Originally posted by pooksthebear View Post
                  Can I ask please.. when/if someone rings me regarding a debt.. do I edit the appropriate creditor at the beginning of this diary or put in a separate post?

                  Thanks everyone, Pooks
                  Don't speak to them on the phone - everything in writing. If they ring, fail security or just hang up.

                  When I get a letter from a creditor or dca, I do a new post (to get an reply, help etc) AND I edit the original diary entry to provide an overview of what's been happening. It saves going through pages and pages of posts looking for the right one. HTH
                  Let your smile change the world but don't let the world change your smile


                  I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                  If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                  Comment


                  • #39
                    Re: Pookies UE Diary

                    Hi PTB,

                    Always log the call though on your own log. This may prove to be very useful if there is any further action taken against you. We now log all silent calls and strange calls, like those that put the phone down when you ask who is calling and what does the call concern, as DCA calls if 1471 says the number has been witheld as well.

                    regards
                    Garlok

                    Comment


                    • #40
                      Re: Pookies UE Diary

                      Hi all. Update.

                      I sent CCA letters to Triton, Debt Managers and CL Finance on the 27.10.11. No response yet. I havent sent the other two CCA letters to BCW and Cabot yet as I spilt coffee on them and then rant out of printer ink so those letters will be going this weekend!!

                      I contacted DMC and asked them why the debt to Orange came off the plan but no response yet. In the meantime I have trawled through my bank account and I cannot find a payment made in respect of this between October 09 and April 10 - yet im sure I paid it.. very odd. Mackenzie Hall and Capquest were aware I was trying to sort it out because I thought I had paid because I had spoke to them both (before I posted here last) and they agreed to put it on hold while I sorted it out.

                      However, I have now received a Doorstep Assessment letter today from Mackenzie Hall (dated 31.10.11) giving me 72 hours to pay or they will either sanction a doorstep visit or advise their clients to issued a claim in court.

                      Should I send them a CCA letter in the meantime while I am waiting for the information from the DMC?

                      Thanks.. Pooks

                      Comment


                      • #41
                        Re: Pookies UE Diary

                        Originally posted by pooksthebear View Post
                        Hi all. Update.

                        I sent CCA letters to Triton, Debt Managers and CL Finance on the 27.10.11. No response yet. I havent sent the other two CCA letters to BCW and Cabot yet as I spilt coffee on them and then rant out of printer ink so those letters will be going this weekend!!

                        I contacted DMC and asked them why the debt to Orange came off the plan but no response yet. In the meantime I have trawled through my bank account and I cannot find a payment made in respect of this between October 09 and April 10 - yet im sure I paid it.. very odd. Mackenzie Hall and Capquest were aware I was trying to sort it out because I thought I had paid because I had spoke to them both (before I posted here last) and they agreed to put it on hold while I sorted it out.

                        However, I have now received a Doorstep Assessment letter today from Mackenzie Hall (dated 31.10.11) giving me 72 hours to pay or they will either sanction a doorstep visit or advise their clients to issued a claim in court.

                        Should I send them a CCA letter in the meantime while I am waiting for the information from the DMC?

                        Thanks.. Pooks
                        You need to ensure everyone has been CCA'd - so get one sent off asap, regards the visit, add one of these to the same envelope as the CCA ---> Templates - Harassment
                        I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                        If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                        Comment


                        • #42
                          Re: Pookies UE Diary

                          Hi everyone.. update time.

                          Sent CCA request to CL Finance, Debt Managers and Cabot on 27th October.

                          CL finance - got reply from them yesterday dated 8th saying they didnt have the agreement and were in process of retrieving it. They say that while request outstanding enforcement action wont be taken against me but then go on to say that the debt must still be paid and if i dont pay they are entitled to request payment from me and pass details of any default to a credit reference agency and pass my information on to a debt collector (a default was marked on my credit file for this in Dec 2005 so not sure how they can default me again). They also say this is the view shared by the Office of Fair Trading. They have now had their 12+2 days so do you know what happens now?

                          Debt Managers - Got reply from them on 2nd November saying they had requested a copy of the agreement and will revert to me once its been received. Not heard any more and they have now had their 12+2 days. Noticed something about this that i havent noticed before.. it states on my credit file that this agreement started on the 10th October 2006, I find this a bit odd as I had already been defaulted on the credit file by at least two debtors at this time and this was 2 weeks before my brother died (we knew he was dying), i do not remember attempting to get credit at this time and its quite a poignent time of my life so i think i would have remembered but you never know, but i was also in debt management plan at this time and had been for over a year.. so who would have given me a loan? I thought this was a Morgan Stanley credit card debt but it looks like i paid that one off last year and the letters ive received seem to point to it being a Yorkshire Bank Loan.. which is even more odd as I had a loan with them which was in the DMP as was my Yorkshire Bank overdraft so why would they give me another loan? Ive only just noticed this as ive not looked at my credit file before this year and ive been merrily paying this debt. Should I SAR Debt Managers and the DMC or would the DMC just send me this info?

                          Triton - had no response at all to the CCA request from them.

                          Ive also sent CCA request on 11th to Buchanan and Wells, Cabot and Mackenzie Hall.

                          Thanks, Pooks

                           

                          Comment


                          • #43
                            Re: Pookies UE Diary

                            Pooks

                            Just wait for those that are looking, they are in default as long as they haven't produced anything, no need to "help" them on by reminding them.

                            Yorkshire/Morgan Stanley sounds a bit strange, have you absolutely no way of knowing where these have come from?

                            Same applys to the ones that you haven't had anything from, just wait and see what they produce. (We're still awaiting some of ours, nearly two years in.............)

                            Comment


                            • #44
                              Re: Pookies UE Diary

                              Originally posted by evenlessdopey View Post
                              Pooks

                              Just wait for those that are looking, they are in default as long as they haven't produced anything, no need to "help" them on by reminding them.

                              Yorkshire/Morgan Stanley sounds a bit strange, have you absolutely no way of knowing where these have come from?

                              Same applys to the ones that you haven't had anything from, just wait and see what they produce. (We're still awaiting some of ours, nearly two years in.............)
                              Thanks for reply. I have got to the bottom of the odd debt, it is definately Yorkshire Bank Loan, I thought this had been paid off but it was actually Morgan Stanley that I paid off.

                              I will just wait and see with the requests then, in the meantime they cannot request payment or take any action against me can they? Also, one of the ones I have CCA'd is my Yorkshire Bank overdraft with CABOT, should i continue paying this one seeing as we know it will be enforceable anyway?

                              Pooks

                              Comment


                              • #45
                                Re: Pookies UE Diary

                                Originally posted by pooksthebear View Post

                                I will just wait and see with the requests then, in the meantime they cannot request payment or take any action against me can they?
                                Do you mean the ones that your still waiting to receive the cca from? If so, they can't take any legal action against you as they're in default of your cca request. However, they can, and will, continue to request payment. Whether or not you pay them is another matter!!

                                Also, one of the ones I have CCA'd is my Yorkshire Bank overdraft with CABOT, should i continue paying this one seeing as we know it will be enforceable anyway?
                                This is up to you. They won't consider any reasonable F&F settlement whilst you're still paying. If you stop paying, you can come to an arrangement to pay if they decide to take legal action.
                                Let your smile change the world but don't let the world change your smile


                                I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                                If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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