Setting up own DMP

[Tingy]

Hi,

 

If I were you I'd re-word the second half of the letter as when I read it, it came across as a bit threatening. Maybe something along the lines of:

 

I would be grateful if you could confirm your acceptance of my offer within 20 working days of this letter.However, should you feel unable for any reason not to accept it, I will still continue to make a goodwill payment of £5.00 on the 28th of each month, or the first working day thereafter.

 

I would also ask if you would please ensure that all future communicattion be in writing for the avoidance of doubt. This serves to protect both of us from the possibility of any misunderstanding. The last thing I would want is any breakdown in our hitherto good relationship.

 

I look forward to receiving a positive response from you.

 

Yours...........

 

 

 

In terms of harassment, you've clearly asked them to communicate only in writing, so if they do phone, initially just say, "Sorry I can't talk to you, but I have requested everything be put in writing. Goodbye."

 

If it then becomes a problem we'll send a slightly nastier letter, but I don't think the time for doing this is when you're trying to get them to accept a reduced payment.

[tioaboa]

Thanks Tingy point taken that does read a bit aggressive. I like your paragraph I'll use that thank you.

 

Time to write some letters ....

 

Cheers

Ian

[scottybhoy]

I have to disagree slightly with the letter being too aggressive (sorry Tingy!). Personally I have sent a letter in the past similar to your original except for communication in email. Get everything in writing that way if anything ever goes to court just take their letter and save your stationary costs:) my last batch of letters basically said that I would continue to pay them 1£ until they accepted and froze interest and charges as their was no point wasting money if it wasn't going to go towards the debt. Also I couldn't be bothered with letter tennis so basically it says your not prepared to f*** around.

 

Go with what Tingy says to begin with and see what happens it will do no harm and I suppose you don't want to pi** them off too early! And I wouldn't put 60£ as a haircut cost, put 30£ and distribute the other 30£ through the rest of your I&E

[tioaboa]

Daft Question time:

 

Just had a thought all the debts are in my name, should i be including my wifes income in the IE? She obviously has enjoyed the benefits of the cards etc.

 

Cheers

Ian

[scottybhoy]

No it should be calc'd pro rata. If you can give me a couple hours until I get the weans in their bed I will PM a spreadsheet to you if you have no objections. The cards are in your name unfortunately so you are responsible. Well legally. I will post the formula I used but unfortunately if I post the spreadsheet I may get into trouble.

[tioaboa]

cheers scotty Look forward to it later, see to the kids first. don't get your self in bother

 

just to clarify one loan is in both our names the rest are just in mine although she was a card holder on one. As far as it goes she perfectly happy to fully contribute, as mrs T says we're in it together she spent it as well as me.

 

thanks once again

 

Ian

[scottybhoy]

For as long as she is happy to contribute, then fine, but you only need to include your pro-rata contribution into your I&E. It's always complicated when you include single and joint loans etc, but if you want to clear your loans quickly, then you can combine your income. I'm one for getting debts cleared as soon as possible and not for trying to find away out of them - well maybe as a last resort ( I have got out of a few debts, only as I had no other option and the creditors were complete ar*eholes!).

 

If you can easily afford to include your partners income to get the debts cleared (i.e you have enough disposable income) then go for it, but if you want to maximise your disposable income, then only consider your pro-rata obligation. Sorry if I am not explaining this properly. If you need any clarification, then let me know. The spreadsheet I PM'd you should help you out - if not, you know where I am. I have a few things to sort out next week so may take me a day to get back to you - got to sort out a formal solution for my partners debt and maybe mine with the house on the line, but if you are unsure of anything, just post it on here.

 

Scotty

[tioaboa]

Hi all a little update. I sent all my letters off with tingys advice in a more considered rather that agressive style, and the results are starting to come in.

 

I've managed to agree a short term arrangement with M&S for a fiver a month for the next 3 months with a review after that time they've been surprisingly reasonable. Sandander have been back in touch they are still asking for a bank statement, a pay slip and a list of creditors with confirmation of outstanding balances, before they'll consider a temporary arrangement! i've sent an IE in naturally. whats the approach now more agressive is there any rules i can quote to tell em to stick it.

 

Thanks

Ian

[tioaboa]

more post today a slight victory nationwide have agreed to freeze interest and charges and accept my offer dissapoinitingly though say the first payment must reach them by the 4th june (today)! Might have to break the rules and give em a call. idiots ...

 

Just spoke to nationwide helpful as ever collections are shut but the CS rep has added a note to the system to say i called and there is a mistake in the letter.

 

Ian

Edited June 4, 2011 by tioaboa

[scottybhoy]

Hi Ian

 

Sorry for not posting earlier, been a busy weekend and things dont seem like calming any time soon!

 

As for santander, they can pretty much stuff your payslip where the sun don't shine. Don't send it to them. You don't need to provide anyone with a payslip other than a court as far as I am aware. Your I&E should be sufficient.

 

Also, give them the list with your other balances on it. Funnily enough, I have a spreadsheet if you want to use it to help you calc your pro-rata based on your balances. You can enter your data into it and print it off and send it to them. I think it was Seq that said, don't let on who your other creditors were and to mark down Personal Loan, Current Account, Credit Card etc as the debt name - follow that advice.

 

Santander don't need to ever accept your repayment but they can't refuse payment. If you appear to be paying all your creditors fairly using the pro-rata method, they pretty much wont pursue it any further as a Court would use the same calc (I know this from experience! George Walker; two finger salute to you's!). Just make sure that your repayments are worked out pro-rata or they may be arsical about it!

 

Let me know if you want that spreadsheet and I will forward it on - don't want to just spam you LOL!

 

See page 4 sample letter A here for your letter:

 

http://www.bdl.org.uk/admin/images/14_ew_creditorrefusesmyoffer.pdf

 

Hope this helps you out.

[Tingy]

Hi all a little update. I sent all my letters off with tingys advice in a more considered rather that agressive style, and the results are starting to come in.

 

I've managed to agree a short term arrangement with M&S for a fiver a month for the next 3 months with a review after that time they've been surprisingly reasonable. Sandander have been back in touch they are still asking for a bank statement, a pay slip and a list of creditors with confirmation of outstanding balances, before they'll consider a temporary arrangement! i've sent an IE in naturally. whats the approach now more agressive is there any rules i can quote to tell em to stick it.

 

Thanks

Ian

 

Hi Ian,

 

I'm definitely with Scottbhoy on this one. They actually have no legal right to even ask for your IE sheet, only a judge can demand it, but if you want to come to a solution, then my opinion is to send it. Others on here disagree strongly.

 

As regards Santander I believe the best approach is to start off nicely as you have. If they play awkward, then so do you. They have your IE which you have voluntarily supplied. They have I would imagine a list of your creditors set out as Scottbhoy suggested hopefully - no harm in supplying that and amounts so they can see it is worked out fairly. If they haven't had this, I would send this, but nothing else and say this is their final chance to receive this offer, otherwise you have to assume they are deliberately being obstructive in your efforts to repay your debt and you will from now on pay a token payment of £1 per month. It is then up to them what they do. If it were to go to court, my belief is that as long as you can demonstrate you made every effort to agree a sensible repayment plan with them you will not be penalised.

[sequenci]

Others on here disagree strongly.

 

Yeah, I still don't get that.

 

Tioaboa. If you follow Tingy's and Scotty's advice you'll not go far wrong at all. I can assure you on that. If any creditor asks for extra info, e.g. bank statements etc you should consider a formal complaint. Their actions are not in the spirit of the lending code.

[tioaboa]

Thanks Gents,

 

my IE includes a list of creditors censored as suggested by Tingy, with the pro-rata amount for all parties listed. I'll send it again with the next letter. pointing out other creditors have accepted reduced payments. I'll post my letter for input later or tomrorow.

 

What to do with nationwide? I was going to write and thank them for their offer but point out the letter reached me before I was able to make the requested payment, but I will be happy to accept those terms changing the start date to the 4th of July and see what they say. I might ring up is this a good idea?

 

Thanks again for all the input.

 

Ian

[Tingy]

Hi Ian,

 

To be fair Scott pointed out the list of creditors, I merely repeated it! I'm always happy to pinch his praise though lol! As regards Nationwide, could you not send the June payment now stating it is only late as you've only just received their letter, then send July one in good time for the 4th. Ideally set up standing orders (not Direct Debits) with them so it all becomes automatic.

 

It sounds like you've made a great start - well done. Isn't it a good feeling to be back in control again?

[tioaboa]

It sounds like you've made a great start - well done. Isn't it a good feeling to be back in control again?

 

Yes looking good many thanks to scott and your good self for the great advice.

 

Controls another matter .....I now need to get mrs T to try to live within the budget - which is manageable and doesn't leave us short. She's having trouble adjusting! In fairness to her she's doing as many extra shifts as she can at work so thats a brilliant help. I keep saying she can do what she likes with anything she earns over her basic as i've only declared that amount on the IE.

 

Its tough she see me as her dad she says scolding her if she buys anything - not entirely true - but i might be a bit short occasionally.

 

Ian

[citizenB]

I am pleased to hear that things have started to fall into place for you. Believe me, you do adapt to living within a budget and it becomes triumphant when you have a little bit left over at the end of the month

 

Keep up the good work.

[Tingy]

I've given up trying to tame my wife. Short of a ball and chain I don't think anything would work, and I couldn't find a ball and chain on E Bay!

[tioaboa]

Another update after more letters this week, halifax have accepted a £5 per month for six months at with interest and charges frozen! and I'd offered the pro-rata payment so thats a good response.

 

I've still satander and Tesco to write to and see how they respond.

 

Cheers again all .... its great to see it all start to work. I expect I'll have some troubles with satander but lets see.

 

Ian

[Tingy]

Fantastic news, thank you for the update. You've had a really good start. What my wife and I did when both of us were struggling to live within budget was withdraw in cash what we could spend each week, lock away the cards and once the money was gone it was gone. That was it!

[tioaboa]

HI All I've finally drafted the letter for satander I'd be gratful for any input if its a bit heavy handed etc. I've included a bit about telephone calls as i've getting between 5 an 6 calls a day from them while not terrible is becoming annoying.

 

With Thanks

Ian

 

Thank you for your letter of 27 May 2011 concerning the above account.

I have provided you with a current income and expenditure form, which details my outgoings, and on that form section F details my outstanding debts. My offer still stands at £42.20 based upon the calculations in the form provided. I have included another copy for your reference with the section highlighted.

 

The majority of my other creditors have already agreed to the offer of payment and agreed to suspend any interest charges still accruing. They have accepted the Income and Expenditure document and have arranged temporary agreements with me, which includes the suspension of interest and charges.

 

I would be grateful if you could confirm your acceptance of my offer within 20 working days of this letter. However, should you feel unable for any reason not to accept it, I will still continue to make a goodwill payment of £5.00 on the 28th of each month, or the first working day thereafter.

 

I also wish address your persistent telephone calls, which I find personally harassing. I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

 

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

 

I now require all future communication be in writing for the avoidance of doubt. This serves to protect both of us from the possibility of any misunderstanding.

 

I look forward to receiving a positive response from you

[Tingy]

Looks good to me. Personally I'd consider sending it as two separate letters, one for the payment and one for the harassment, but entirely up to you.

[tioaboa]

that was quick cheers tingy

 

I'll do two separate letters then, I've the harrasment template to use.

 

Thanks

Ian

[Tingy]

Brilliant - hope they both work!

[tioaboa]

just a quick update the harrasment letter worked a treat and satander have stopped ringing ! however they still stubbornly asking for a pay slips etc. Oh well I guess I'll be reading the OFT guidelines to see if they have something i can quote at them. Another thing they seem to use the worlds slowest postal service; a letter sent on 22/6 arrived on 28/6, which is making quick responses difficult! the other letter regarding my offer is still outstanding.

 

still making some progress now cheers guys.

 

Ian

[Tingy]

Do they say why they want the payslips. If it is to prove your income then I'd send them copies (not originals) removing all except critical information.