I've been on a DMP now for over 7 years and am looking into what I should be doing now.

There are 6 accounts remaining on the DMP,

2 of which have been reassigned and are wtih Debt Colletion Agencies,

the other 4 are with the original creditors.

Default Notices were served on all these accounts and my credit file is no longer affected by them.

I've had a look through some of the threads on here and it seems that I should be issuing CCA requests to the DCAs at least to see if the debts are enforceable.

Just wondering what the position is regarding accounts still with the original creditors.

I have a few concerns about doing this though as the DMP is running smoothly and I am planning on applying for a mortgage soon so am worried that by issuing CCA requests, the creditors may be triggered in to starting court action.

just wondering if it is worth doing it now or waiting until I have a mortgage.

Any advice would be appreciated.

Hello Welcome to CAG.

Who is the DMC? Not a fee paying one I hope?

What are the debts?

Who is the OC?

How much?

When did you take these agreements/accounts out?

Hi - thanks for your reply.

The DMC is Step Change so no fee is paid.

The accounts are as folows;

Arrow (DCA NCO Resolve) - Loan

Santander - Loan

Barclays - Loan

Hoist Portfolio Holding (DCA Robinson Way) - Credit Card

Capital One - Credit Card

Santander - Old Current Account

In total there is about £11,700 outstanding.

I can't remember when exactly they were all taken out

however I have been on the plan since the start of 2009

and the accounts would have been a year or more old by then.

OK, CCA robbersway & NCO (£1 each) http://www.consumeractiongroup.co.uk/forum/showthread.php?387435-CCA-Request-Consumer-Credit-Act-1974-**Updated-January-2015**(1-Viewing)-nbsp

However if these are post 07 agreements then they can send a recon and enforce in court, if they fancy their chances.

How much of the two loans and CC are made up of fees/charges?? Any PPI you can reclaim?

The two satans bank agreements (Loan & Current Account) they have kept these separate haven't they?

OK thanks, it seems a bit risky to me as they can still enforce if they fancy their chances.

I take it they would need to supply a recon to me first before issuing proceedings?

I think I might wait until I have the mortgage.

I've just found the agreement for the Arrow one and it is dated Jan 2008 .

I think the Barclays & Santander ones are pre 2007 though, is it worth doing those?

There is no PPI on the debits,

I'm not sure about the charges however I understand I can ask for a SAR on the accounts.

At present though I don't think the charges are that much so there doesn't seem much point until I am in a position to start settling.

Yes the 2 santans accounts have been kept separate.

Completely agree, I'm not in your shoes, so you know what's best for you.

Doesn't make any sense in rocking the boat if they are happy with the current arrangement.

It's usually if they begin messing you about and making things difficult that you make them jump through hoops, what does your credit file look like?

Is it clear? No defaults or AP markers?

My credit file isn't too bad

there are a couple of DMP markers on accounts that have been paid off June 2013 & March 2016 and an AP on an account paid off in Nov 2012.

I am in touch with the ICO as I think Default Notices should have been served.

My payments were still quite high when I started the DMP

missed a total of 3 payments in the first year

I think the accounts should have been defaulted then they should no longer show on my file.

I'm in the process of getting the transaction lists to pass on to the ICO in the hope that they will say they should be removed.

Of course with creditors being creditors I don't expect them back for at least a month!

Thanks for your advice.

AFAIK, to even get a look in at a mortgage with reasonable interest rates, your CRF would need to be clear for at least two to three years.

You can always add a 'notice of correction' against any of the entries on the file, then when they have their system check your CRF tell them to do a manual check so it's not a dumb computer checking that can;t read.

I entered a DMP back in 2009 and it has been ongoing since.

I'm at a stage now where I am trying to clean up my credit record in order to get a mortgage.

I presently have a DMP marker against my file last dated January 2016, which is causing me a problem as I will need to 3 years for that to no longer effect my chances of getting a mortgage.

I have been in correspondence with the creditor and also the ICO in order to have it removed but at present have had no luck.

I understand that there are 2 different ICO guidelines, some dated 2007 & some more recently in 2014.

The ICOs current position is that they are only considering the 2014 guidelines which don't help me very much.

My position however is that the 2007 guidelines should be used in this instance as the DMP started in 2009, which would mean that the creditor should have followed these guidelines and issued a default notice as a DMP marker was being used.

The reason for this is so that I am not disadvantaged over someone that has sought no arrangement to pay.

I am finding it hard to believe at present that I as someone who made arrangements & sought to repay the debts in full, rather than seek an IVA or bankruptcy, or let the account go into default or even a CCJ, is now in a worse position than those who have.

I have raised a complaint with the ICO about their position and await their response however if anybody has any advice that could assist me I would be very grateful.

what do you mean by DMP marker AP?

and whos the DMP with?

The creditor has reported to the credit agencies that the account was on a DMP, so my credit file has been marked as DMP as opposed to AP. The DMP is with step change.

ok its step changes job to ensure debts with them in a plan get defaulted and get interest frozen and charges suppressed....

thats part of what debt management is there for.

Ok thanks

I have just given them a call and they said that it not something they would do as it totally up to the creditor as to whether they would issue a Default.

I'm really not happy with the advice I have been given by them in truth.

I had my annual review with them a few weeks ago and they suggested bankruptcy.

I have been on the plan since 2009 and do not understand why this wasn't suggested before all this would have been sorted by now and I would be able to get on with things.

It seems that when you go on a DMP you go to the bottom of the pile, even though you are showing an intention to repay the debt in full, it is far worse for you in the long run rather than not doing anything and getting CCJs or arranging bankruptcy to have some of the debt written off.

I don't think insolvency is an option for me now as it will mean I am resetting the clock, I am also still willing to repay the DMP in full

My issue is I really need to get this DMP marker removed in order that I can get a mortgage.

I have also made a complaint to the FOS since my original post (although I am not holding my breath),

I am just not sure if there is anything else I can do.

I've been looking at mortgages for poor credit and it seems that I need a 15% deposit which is out of the question at present, unless someone knows of a lender that offers a 95% LTV?

just wondering if it is worth doing it now or waiting until I have a mortgage'

I didn't think you would get a mortgage if any dmp/arrears/default was showing on your credit file?

once you get the AP markers sorted and theres no defaulted accounts still showing

you should be ok to go for a mortgage.

there have been lots of AP cases sorted of recent

with back dated defaults thus removing the whole account

dx

Hi dx100uk

Is there any information anywhere to help with the removal of the markers?

I am having great difficulties with the ICO at present.

They asked for evidence to show if I had either gone into 3 months of arrears in the DMP agreement ,or if I was 3 months in arrears on the original agreement when a payment was missed under the new agreement and they would be able to look in to it for me.

I've been able to provide evidence on both counts

now they are saying it needs to be 3 consecutive months missed.

This is contarary to what their own guidance says.

I also have a complaint in with the FSO on the same matter and am awaiting on that.

I also have concerns regarding the DMP,

I had a review in 2010 and which meant that it would have taken over 20 years to clear the debt.

In my last review they advised me to take bankruptcy as it will still take over 10 years to clear the debts

I enquired why I had not been advised to do this in 2010.

They said the advise they were given then was only if the DMP is over 20 years, so I confirmed it was over 20 years.

I feel I should have been advised bankruptcy at this time or even a debt relief order as I was only had £50.00 and had assets of less than £300.

Either way I would have been out of this whole situation now.

I have also raised this with the FSO but if you have any advice to help me in with this I would be very grateful.

Is there any information anywhere to help with the removal of the markers?

what markers you mean the AP markers...

as for the 3 consecutive months

depends upon why they are stating that

a default notice can be applied anytime

but yes its after 3 missed months as you've spotted.

Yes, that's right information regarding the removal of AP markers (or DMP markers as they are on my credit file).

I had a call from the ICO today, as I have raised issue with their interpretation of what arrears are.

My understanding was they are a running total of late payments so 3 months of arrears is equal to 3 months of contractual payments and they can accrue over a period of time longer than 3 month.

It seems from the letter the person dealing with it thinks three months of arrears is three consecutive missed payments.

They are referring now to their compliance team, they are so slow though,

I've been told it's going to be another 10 days!

all three CRA files are free now

though I think they are correct that it must be 3 running months before a creditor can issue a Default Notice

Just thought I'd update the thread with the latest news.

The FSO has been in touch to confirm that they agree with me that the dmp marker from March this year should be removed from my credit file. The creditor has now agreed to remove the account all together from my file and pay me £150.00 in compensation. As the only remaining DMP marker is over 3 years ago I think this will free me up to get a decent rate mortgage now, so all in all good news today.

If anyone is trying to have their markers removed I would suggest going to the FSO first rather than the ICO, they have dealt with this in little over 6 weeks, whilst the ICO have been involved since July and I am still waiting for a final answer.

Excellent, well done, brilliant news for you!

I'm looking for a bit of advice regarding Penalty Charges applied to a couple of old Shop Direct accounts.

I sent off LBAs to SD before Christmas and have today had a response.

They have decided not to uphold my complaint as they consider the charges fair,

as a gesture of good will they will be refunding the full amount of the charges claimed.

This is somewhat good news

the issue I have is that one of the accounts (which was under an AP) is still showing on my credit file,

had it not been for the charges the account would have been closed in 2010 and as such no longer reported on my file

I have called them today to ask for the date of closure to be amended to 2010

they are refusing to do so, I do not therefore consider this matter closed.

I'm just wondering what the best course of action would be.

I am minded to go ahead and issue Court Proceedings in order to have the account removed.

is there anything else I could do beforehand.

They have referred me to the FOS but I'm not sure if that is the best course of action here.

Any advice would be appreciated.

as your other existing threads are related to this one

I've merged them...

if you can prove that the account would not have had a negative balance at XX date

were it not for these charges which have now been refunded

all by it a GOGW

I would be contacting the ICO.

Ok great thanks, I did have a matter going through with them before and they took months so was hoping to avoid that. I have all the evidence so will get it all together and send it across to them, I may as well get the FSO involved too then as they seem to be a bit quicker.

FOS...not FSO...