Help with DMP, settlements and Defaults

[jjmanchester]

Hi all,

 

I've been reading a ton of info on the web and pieced together some info,

but I'm really confused and could do with some help with quite a complex problem.

 

Seen some really aggressive responses on other sites, but hoping you lot can help!

 

I got into financial difficulty about 6 years ago (redundancy, ill health)

and immediately tackled the situation head on by going to PayPlan and arranging a DMP

which I have been in for the duration.

 

I'm clawing my way back to normality and I'm in a position now where I can start to settle.

 

I've been through my credit report and

 

my first problem is that I'm having real difficulty reconciling the outstanding balances

and the DMC's with what's listed on my PayPlan report.

 

Now I'd never really worried about this until recently

when I discovered they'd not distributed my payment one month through my creditors

and subsequent investigation showed they'd also not distributed the increase in payment from my annual review.

 

I now don't know whether to trust them and whether to start managing this myself. I don't even know where to start.

 

My second issue is with Default notices.

 

I've read lots of conflicting reports on these.

 

Essentially I'd like to work toward cleaning up my file so I'm in a position to get a mortgage.

 

I've been doing this for the last 5/6 years on the understanding

that Defaults drop from the credit file 6 years after they are issued.

 

I've read some reports saying that the 6 year clock restarts at the point you settle though - is this true?

 

Also, at the time I got into trouble,

I had 6 accounts which I believed all Defaulted at the same time.

 

Checking my file today, it appears 2 have dropped from my file completely,

one appears as "Closed" and

2 are still "Open" with balances.

 

Of the 2 "Open" Defaults,

one looks likely to drop from the file in June this year (which is fine),

but the other, which stupidly is also the smallest amount of all of them

doesn't drop until December 2016 as the Default date is listed as December 2010.

 

My question on this is that the account clearly shows I was in serious trouble

and making significantly reduced payments for 2 years prior to the default being issued.

 

I don't think I can get the Default removed,

but do I have a case for having the Default date moved to the point where I believe

I'd actually defaulted on the terms of the agreement?

 

In all of this,

I've paid throughout and my intention is to pay all of the money back

- unless that's a stupid idea.

 

I didn't even realise you COULD pay a lower amount to DMC's.

 

Apologies in advance for the giant post - I realise a lot of this is covered elsewhere, but I just don't know where to start with it all.

 

JJ

[dx100uk]

firstly

I take it by DMC's you mean DCA's

 

payplan is your Debt Management company

 

those that you pay

are debt collection agencies.

 

now the defaults....

 

ANY account with a default date in its summary top line

will VANISH TOALLY [the whole account] upon the defaults 6th birthday.

 

however. ofcourse this does not mean the debt is not owed mind!

 

now what worries me here isyou appear to have all your debts

paid through Payplan are with DCA's?

 

you do realise NO debt management company, least of all payplan..

..EVER CHECK the DCA's getting you money HAVE THE LEGAL PAPERWORK to demand ANYTHING.

 

have you ever thought of sending a CCA request EVERYONE you pay presently?

 

ever thought of PPI reclaiming?

 

the last bit I think you wanted

this late default date.

a default 'should' be place within 6mts of you 3rd missed monthly payment.

 

if a default [esp if placed by a DCA!] is outside of this

 

yes QUESTION WHY.

 

HTH

 

dx

[jjmanchester]

Thanks for the quick response - Actually helps so much - I've been on my own with all this for so long now.

 

Yes - sorry - I got caught up in 3 letter acronyms. Payplan are my DMC and they distribute my payments to various DCA's (although I've completely lost track of who owns which debt now - not helped by the fact that nothing on the PayPlan site matches my credit file). I have written to them for help, but I'm not expecting it.

 

So I was told by a PPI company I can't claim it on accounts that I've defaulted on (ironically, I had PPI on at least 2 of the products I defaulted on, but neither paid anything until I'd been unemployed for 6 months, so were about as much use as a chocolate teapot).

 

That's a huge relief on the Default dates - I figured that was correct as 2 of them are completely missing from my file now. The default I'm querying the date on APPEARS to still be with the originating lender on my credit file, but I'm sure I actually pay a DCA on this. Who should I contact in the first instance on this issue?

 

With regard to the CCA request, I think you're right - stupidly I've trusted PayPlan to handle this and it just all looks wrong. I have one account which has never defaulted but shows a long history of late payments. I'm worried that antagonising this one might result in a new Default and a total restart to the 6 year clock, just as I reach the end. Would settling this account in full be a sensible option before I do anything else?

 

The Defaults that have dropped from my file are actually the largest amounts owed - I just assumed that everything I was paying is legally owed to these people - although judging from the discrepancy between the other accounts on my file and PayPlan's view of the world, I probably have no idea how much I ACTUALLY owe them.

 

Thanks again for your response - it's a huge weight off.

[dx100uk]

get a cca request off to EVERYONE

you are paying through payplan.

 

you might like to SAR payplan and get everything they hold on you.

 

as for the PPI

go get reclaiming

links are below

theres no time limit!

 

as for the debt that's not yet defaulted

if you've late markers for XX yrs there enough evidence there to force the oc to poss moved the default

under ico rules.

 

my overall thought here is to dump payplan

 

thus stopping all payments to anyone.

 

then either

 

cca request the lot

 

or dump payplan and sit back

 

await the confetti through the door

 

as each one starts waving their arms around

start a new thread in the forum of the name by the original creditor

 

and post up what you have received.

 

dx

[jjmanchester]

Ok, taking your advice,

 

I've been through all my account with PayPlan and crossed referenced them to my credit file

and will be sending out CCA requests to them all.

 

"as for the debt that's not yet defaulted

if you've late markers for XX yrs there enough evidence there to force the oc to poss moved the default

under ico rules."

 

- I get the gist of what this means, but what's oc and ico rules? How would i go about doing this?

 

Thanks again for your help here.

[jjmanchester]

Quick question - the CCA request is just for the original credit agreement, is that right? Do I need to ask for something different to determine how they've arrived at the amount I owe them, or should I ask for that after I get a response to the CCA?

[dx100uk]

Ok, taking your advice,

 

I've been through all my account with PayPlan and crossed referenced them to my credit file

and will be sending out CCA requests to them all.

 

"as for the debt that's not yet defaulted

if you've late markers for XX yrs there enough evidence there to force the oc to poss moved the default

under ico rules."

 

- I get the gist of what this means, but what's oc and ico rules? How would i go about doing this?

 

Thanks again for your help here.

 

original creditor

 

Information commissioners office.

 

this is the guidelines for defaults

it suspect you could apply the same to late markers whereby no default yet shows

[dx100uk]

Quick question

- the CCA request is just for the original credit agreement, is that right?

 

Do I need to ask for something different to determine how they've arrived at the amount I owe them,

or should I ask for that after I get a response to the CCA?

 

just send an unsigned CCA request with a blank £1 PO to everyone paid through Payplan

 

ok you cant CCA mobile phone debts nor bank accounts .

 

dx

[jjmanchester]

Ok, so had first couple of responses. Hilariously Marlin Financial Services returned my Postal Order asking with instructions on who to make it payable to (delaying tactic?).

 

Robinson Way have just replied with the following:

 

Following the request, we have today asked for a copy of the agreement/statement to verify that you are liable to pay the amount due.

 

Your account has been placed on a hold temporarily pending receipt of this documentation and we will contact you again in due course.

 

Is this fairly normal? Should I be posting elsewhere on the site now I'm starting to get some responses?

 

JJ

[dx100uk]

yes might be an idea to find [from the main forum tab top left]

 

the named forum for the ORIGINAL CREDITOR]

 

then start a new thread for each debt as these replies come in.

 

as you've already seen...

 

two have not got any paperwork...urm...

alarm bells...

 

dx

[jjmanchester]

Ok,

 

So it's been over 2 weeks since I sent out the CCA requests and so far, no-one has responded. I haven't paid PayPlan, so no money has been distributed (although I am saving it). Not sure what next steps are now?

 

Feeling extremely nervous about this.... am I right to not pay anything?

[dx100uk]

if all your debts are proving UN-en yes

 

have you informed PP that your now wish to cancel?

[jjmanchester]

I did advise PP that I wouldn't be paying them as I'd CCA's my creditors.

[jjmanchester]

I am worried though that somehow I'm going end up wracking up additional interest or charges, or worse, find CCJ's on my file.... do I need to follow up with these people?

[dx100uk]

as long as they are aware of your address

then they cant get a CCJ without you knowing

and defending on the no paperwork front.

 

if/when you start getting hamster fodder

 

then start a new thread on each debt as it happens,

 

glad to have saved you lots of money!

 

have you looked at PPI/Penalty charges

[jjmanchester]

I did look into reclaiming PPI (I definately had it with one provider),

 

but am I not effectively acknowledging the debt if I make a claim for the PPI relating to it?

 

Also I have no idea idea what charges have been applied to my accounts

and as they've not responded to my CCA request, have no way of knowing.

 

How long do these companies have to respond to my CCA request?

 

Can they just come up with the goods in a month or a years time and just hit me with it again?

 

Thanks again for all your help here,

J

[dx100uk]

CCa is 12+2 working days.

 

ok yes

 

in the future if they did find an enforceable CCA

then they could 'try'

 

however we rarely see months down the line a CCA appears.

 

if they presently do not have one.

 

just remember most debt collection is carried out by companies

automatically from a one line database to catch mugs out

into responding and paying.

 

as with any of the DMP companies

they rarely both do any checks.

 

dx