Pookies UE Diary

[Pixie]

Re: Pookies UE Diary

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

[Never-In-Doubt]

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.

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

[pooksthebear]

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

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

Pooks

[pooksthebear]

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

[Never-In-Doubt]

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

[pooksthebear]

Re: Pookies UE Diary

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

[Never-In-Doubt]

Re: Pookies UE Diary

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.....

[pooksthebear]

Re: Pookies UE Diary

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

[Pixie]

Re: Pookies UE Diary

I knew you'd think of something sensible Niddy!

I knew we you would come up with something before it ever got as far as court.

[Never-In-Doubt]

Re: Pookies UE Diary

Pixie, yes if they got a ccj after the default dropped off it'd stay for a new 6yrs BUT we wouldn't let it get that far as the primary objective is to clear the cra files for new credit advance.

Who is mortgage with? Also, would £9k from your mum pay for heating & car? I'd be looking to borrow that (if it's enough) and either give your mum a second charge on house of an agreed amount (so her investment is safe) or consider paying her back the £100 you're using for this silly dmp....

Y'all diggin me

[Never-In-Doubt]

Re: Pookies UE Diary

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

[pooksthebear]

Re: Pookies UE Diary

That is always the problem PTB, template letters have to be fine tuned a little to suit yor exact circumstances. Every case has its own little nuances. If in your own case you have already stopped paying then just that line needs removing from the letter.

Garlok

Yeah of course Garlok. Right ive cancelled the standing order to dmc, missed the post today so the cca letters will be in post tomoro. I have not done a letter for Cabot seeing as it was for a bank account overdraft so do I now write Cabot to make an offer of payment - the same as what I was paying them through the dmc?

Pooks

[garlok]

Re: Pookies UE Diary

That is always the problem PTB, template letters have to be fine tuned a little to suit yor exact circumstances. Every case has its own little nuances. If in your own case you have already stopped paying then just that line needs removing from the letter.

Garlok

[pooksthebear]

Re: Pookies UE Diary

Here you go PTB,

This would be your starting letter on this journey:-

>Unenforceability Templates - Section 1

Never actually sign anything from now on only print your name, phone calls are to be met with "in writing only". I never use e-mails either only the Royal Mail. Anything you receive keep the envelopes as well stapled to the correspondence it came with and marked the date it actually arrived through your door and keep a log of the phone calls date time which account etc.

regards
Garlok

Thanks for this Garlok!

I have got letters ready, just need to go in post now!

Can I ask though as I am a little confused! The follow up letter (if they dont respond) states on the bottom that because they have not replied you are going to cease payment. So.. does this mean that I should continue paying in the meantime until they produce a cca? I presume you cant threaten to stop paying (in the second letter) if you already stopped paying when you sent the first letter.. if this makes sense?

Pooks

[pooksthebear]

Re: Pookies UE Diary

Pookie

I would be asking for a full account from you existing DMP provider, every payment made, every payment made to your creditors, every charge they applied to your accounts and every charge your creditors applied, it might actually be better to SAR these muppets because they appear to have proken some rules with the mortgage carry on, just a thought.

Hi Evenlessdopey,

The DMC have provided me a statement every month of payments made and are adamant that every payment has been sent on to the creditors. The DMC charged me a standard amount of £20 each month and all the interest on the debts stopped very soon after joining the plan (which was originally with Harrington Brooks until 2007 when i switched providers as they were cheaper). This actually makes sense as the missing payments on the creditor statements are not all for the same months, eg one has june and july missing yet another may have nov and jan missing. Im wondering if, because the debts have been sold on from dca to dca that many times that payments may have gone to the wrong dca and not been passed on to the new one? So.. who to SAR.. dca's?

I agree that many rules may have been broken with the mortgage carry on, the dmc i was paying to help but as for the mortgage advisor who was supposed to be looking after my interests... well my interests appear not to have been on their agenda at all. I actually thought about reporting them but not sure who i would report them to?

Pooks