debt management plan what to do??

[getstraight]

Hi everyone I came accros this site yesterday and think a lot of good advice is given, so I wondered what peoples thoughts on my situation are. In May 2010 my wife and I signed onto a debt mangement plan with best solution, a month later my wife and I seperated and are now divorced.

 

My Debt totals 36K I currently live in rented accomadation and pay maintence for my son. my total debt originally comprised of 3 debt's with TSB, 1 Halifax and 1 with virgin. All but one of the debts(virgin) have been sold by the original companies to other debt collection agencies. My parents are wanting to help me and have manged to make approx 15k avaliable to me.

 

Due to me getting divorced and living in rented accomadtion my management plan was changed so I pay only a pound a month to each company, this has been happening for the last 18 months.

 

I was going to approach best solution and see if they could get full and final settlements with as many creditors as possible. This is were I would like people's thoughts I wouldn't say best solution have been bad, but I have had several telephone conversations with them were computers have been down, failed to respond to emails and replys to emails that have been headed up as another company no explination given when asked, and they charge a monthly fee of £65 plus an expensive set up fee in the first place.

 

They will also charge 25% of any savings made. Can I approach these companies direct in a letter seeing if they will accept a full and final payment and marking my credit file as complete. It seems that these companies purchase the debt for less than 20p in the pound so if I offer more will they accept. Best Solution will charge 25% of any savings I make for what??

 

Letters I can deal with myself. Would the company be more inclined to accept my offer direct and miss out the middle man? Would cutting the middleman out cause a problem? One of TSB debts has reccently been taken on by APEX and they have rang me every week for the last 4 weeks I have told them to contact best solution, best solution have said they will send them a letter saying all communcation should be with them.

 

Apex have also this week sent letters talking about house visits and solicitors, I believe these are scare tatics, should I wait until things have settled down for a period of time before approaching them??? I would like to use this money from my parents to it's very best use and get clousre on this chapter of my life asap. thanks for all your thoughts and ideas!!!!

Edited March 26, 2013 by citizenB
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[renegadeimp]

Id drop the fee paying dmp and set up your own personal or use step change

[Crocdoc]

Id drop the fee paying dmp and set up your own personal or use step change

 

I agree entirely, you can make full and final settlement without involving a Debt Management Company, it is important to rememeber that DMP'S can be dropped at any time as any agreement with these companies is not binding in any way.

[citizenB]

You do need to distance yourself from the Fee paying DMP - if you need advice then you can contact either National Debtline or StepChange. They will offer you a range of options and probably help you with Full and Final Settlements if that is the way you are planning on going.

 

You do need to ensure that your offers are indeed accepted as Full and Final settlements and that the current owners of the Debts will NOT simply take your money and then sell on the balance. Be aware, this has happened.

 

Any contact with the creditors needs to be conducted in writing.

[getstraight]

Full and Final settlements and that the current owners of the Debts will NOT simply take your money and then sell on the balance Thats the part I am also worried about how do I protect myself and ensure that when I hand my money accross they will process the paper work and honour their part in saying the matter is settled and finished??

[sequenci]

Step 1: Use this sample letter: http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=24_full_and_final_settlement_offers

Step 2: do not make a payment until they have replied in writing telling you that they will accept, and that they will not chase for the remainder or sell it on after you've made your payment

Step 3: make the payment

Step 4: keep that confirmation letter in a very safe place (this is your evidence that they've made a promise to you, and you have acted on their promise)

[getstraight]

whats the best way to pay? go into your bank and make the payment? should you follow the payment up with a phone call to confirm they have recieved payment?

[dx100uk]

if you are looking to F&F

 

ALWAYS go through each debt

and do the following:

 

CHeck the debt SHOWS on your CRA file.

CCA the owner of the debt, to ensure they hold the correct paperwork to even demand money from you

SAR the original creditor and check for PENALTY charges & PPI reclaiming.

 

always make it a condition that:

any F&F results in the debt being marked SETTLED , NOT partial settlement.

always ensure ALL neg data is removed as part of the F&F

 

if whom you are thinking of paying will not GUARANTEE those two things IN WRITING

before you settle,

 

you might as well BURN the money for all the good it will do.

 

dx

[getstraight]

Just found out it will be a couple of months before the amount I was hoping would be avaliable will be,

 

at the moment it's a couple of K short. what can I do?

 

I was planning on writing to all my creditors in one go?

 

Should I still do this only offer less or write to a couple?

 

The example on the national debt shows an example of 40 in the £,

 

should I offer less to megotiate in case some people want more??

 

does negoation happen or isn't that something that really happens?

 

thanks for any thoughts

[citizenB]

Just found out it will be a couple of months before the ammount I was hoping would be avaliable will be, at the moment it's a couple of K short. what can I do? I was planning on writing to all my creditors in one go? Should I still do this only offer less or write to a couple? The example on the national debt shows an example of 40 in the £, should I offer less to megotiate in case some people want more?? does negoation happen or isn't that something that really happens? thanks for any thoughts

 

If you follow dx100uk's advice and check to ensure there are no default charges or PPI that you can claim - that the debt is NOT statute barred, that they are able to produce a compliant agreement - BEFORE you enter into negotiations with them then you might find yourself in a stronger bargaining position. Yes, you can offer less in order to give yourself some wiggle room if they dont accept your first offer.

[getstraight]

just applied for my CRA,

Apex are asking for a income and expenditure report. Should I do this, and does this have any bearing on writing a letter regarding a F & F?

 

Also I what rights do they have with this infomation?

 

I have filled these out to BS but I haven't done one in some time, and I am now wondering how offical is this what can they do with this.

 

How does it affect my current DMP?

 

thanks

[sequenci]

if your F&F shows that they'll only get a small amount of money then they may be more interested in the F&F

[getstraight]

if your F&F shows that they'll only get a small amount of money then they may be more interested in the F&F

 

Sorry I don't understand the sentance?

[Followme]

I can really recommend StepChange as they helped my sister out a lot with a DMP and she has gone from high stress and worry to having her life back again.

[renegadeimp]

Sorry I don't understand the sentance?

 

He means if you gave the I&E to them, they couldnt try and get more out of you and would pretty much be obligated to accept the low amount.

[sequenci]

Sorry I don't understand the sentance?

 

That's becuase I am an idiot.

 

I was supposed to say that if the income & expenditure form shows you can only offer a little per month they may be more receptive to considering your full & final.

 

Sorry! My fault totally!

 

Seq.

[sequenci]

He means if you gave the I&E to them, they couldnt try and get more out of you and would pretty much be obligated to accept the low amount.

 

Thanks matey

[getstraight]

I thought that was the case just wanted to make sure. Do they have the power to check your bank account or other private details for the I&E or anything else, I didn't think about this at the time when I started and am now more aware of things. thanks

[sequenci]

Hello again.

 

They wouldn't be able to check your account. If they ask for bank statements you do not have to supply them.

[renegadeimp]

Regarding bank statements, not even the police can see them unless you either hand them over willingly or sign a legal form authorising the bank to release the documents. Even the courts would need to make an order that demands the bank hands over the documents. Trust me, ive been there.

[getstraight]

I have sent off for my credit report file, and will work through that and fill out a Income and expenditure form,

shortly after that Write to my DCA's and see if they will accept a full and final.

 

But one thing I am a little confused on I started my DMP, back in May 2010.

 

Will the black marks on my credit file.

 

Is it 6 years from May 2010 or six years once everything is cleared up.

 

Also how badly will this affect trying to get a mortgage(hopefully) in the coming years?

 

thanks for all your thoughts.

[dx100uk]

look at the debts

 

they will have a defaulted date

 

any account paid or not

will vanish from your cra file

on the defaulted dates' 6th birthday.

 

just remember if you are going to F&F

 

follow post 8

 

then ONLY pay it to the original creditor

if they show on the cra file as owning the debt.

 

if a dca owns the debt

 

then pay them.

 

dx

[getstraight]

Looking around the web I notice that some people say start low with your full and final amount and work up.

 

The other thought is a calculation to spread your lump some accross the different debts?

 

If you are trying a full and final how do you tackle this??

 

If I say it's a one off offer how can I then go back and say oh I have an extra £200.

 

If I divide it up the same % to each debit some may want more others less.

 

How do you make the best use of the lump sum?

[dx100uk]

i'd gather the info on all the debts first

 

keep the money as a war chest.

[getstraight]

Thats what I intend but when I approach them should I offer the same % of my war chest at the sametime or start low and offer incase I need more for another debt? but then how can I say this is a one off offer? I can't quite go back and say here is a little more but it's a one off offer????