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    • I’ve seen a few threads on this already and unfortunately I’m in a similar situation through my own idiocy and stupidity,    I received a letter asking me to attend a telephone interview and provide statements for “ may to august 2020 “as they have information to believe “mr x” is living at the address... the interview is next week   Every single document they have asked for is in his name, I feel so stupid for this I was going to ring up and Cancel my award but with the pandemic and worry over income I made the awful mistake of not doing so,    unfortunatey for various mental health, personal reasons i have also been claiming before this period, our relationship hasn’t been stable but we have always remained friends since we had a child together in 2015, I’m petrified they are going to ask to go back that far and the bill is going to be awful,    I want to just ring up and own up to my partner living here during those dates but I want to know if they are then going to go digging for anything previous to that?    what I’ve done is wrong and awful and I want to own up, but I’m so scared and nervous that if I own up to the previous few years too my bill will be so high and I will go to prison , what’s worse is that my partner doesn’t know I’m still claiming he told me ages ago to stop but life just got on top of me and I suffer with ptsd and anxiety and one thing led to another  putting it off   i won’t be entitled to any award as my partner now earns above the threshold for this   do I just stick to owning up about the dates they ask or do I tell them about the previous years claims by telling them the exact date he moved in   to compile the misery on this we decided to make a proper go of it and got engaged in January this year so it’s just another thing that they will find if they dig enough as the venue is now booked for 2022   im so ashamed and embarrassed by my actions i feel like there is no way up for air from all this and I don’t know which way is the best route to take, why oh why didn’t I chance it when intended too earlier this year
    • Manxman, I have highlighted the relevant bits in bold. The proportion of the services can only be charged if the express consent was given in a durable medium.   (1) The consumer may cancel a distance or off-premises contract at any time in the cancellation period without giving any reason, and without incurring any liability except under these provisions— (a)regulation 34(3) (where enhanced delivery chosen by consumer); (b)regulation 34(9) (where value of goods diminished by consumer handling); (c)regulation 35(5) (where goods returned by consumer); (d)regulation 36(4) (where consumer requests early supply of service). (2) The cancellation period begins when the contract is entered into and ends in accordance with regulation 30 or 31.   Cancellation period extended for breach of information requirement 31.—(1) This regulation applies if the trader does not provide the consumer with the information on the right to cancel required by paragraph (l) of Schedule 2, in accordance with Part 2. (2) If the trader provides the consumer with that information in the period of 12 months beginning with the first day of the 14 days mentioned in regulation 30(2) to (6), but otherwise in accordance with Part 2, the cancellation period ends at the end of 14 days after the consumer receives the information. (3) Otherwise the cancellation period ends at the end of 12 months after the day on which it would have ended under regulation 30.   Supply of service in cancellation period 36.—(1) The trader must not begin the supply of a service before the end of the cancellation period provided for in regulation 30(1) unless the consumer— (a)has made an express request, and (b)in the case of an off-premises contract, has made the request on a durable medium.     (4) Where the service is supplied in response to a request in accordance with paragraph (1), the consumer must (subject to paragraph (6)) pay to the trader an amount— (a)for the supply of the service for the period for which it is supplied, ending with the time when the trader is informed of the consumer's decision to cancel the contract, in accordance with regulation 32(2), and (b)which is in proportion to what has been supplied, in comparison with the full coverage of the contract.     (6) The consumer bears no cost for supply of the service, in full or in part, in the cancellation period, if— (a)the trader has failed to provide the consumer with the information on the right to cancel required by paragraph (l) of Schedule 2, or the information on payment of that cost required by paragraph (n) of that Schedule, in accordance with Part 2, or (b)the service is not supplied in response to a request in accordance with paragraph (1).
    • Hi all   I will dive straight into my scenario.    I have a personal Barclaycard credit card that I defaulted on in first half of 2015.  This debt has been bought out by Hoist in 2019.  I have not made payments since the first half of 2015 to the account. I am pretty sure I have not acknowledged the debt to the DCA that occasionally contacted me since then The six year anniversary of the default will arrive in the first half of 2021. I recently received a 'Letter of Claim' from Howard Cohen Solicitors informing me of Hoists intention to issues proceedings in the County Court for the outstanding amount. The letter states I have 30 days in which to reply.  The letter states that it is written in accordance with the Pre-action Protocol for Debt claims. They have provided a brief summary of the outstanding debt but not the original signed agreement.  My feeling is that the pressure is being ramped up because of the upcoming six year anniversary of the default.   I am not sure whether I should; A). Ignore the letter (if so what are the consequences). B). Stall for a little more time until the six year anniversary of the default arrives, and whether engaging with them too has its own set of consequences. C). Pay too much attention to the six year anniversary of the default  - as I am not sure if a debt becomes automatically statute barred after six years in which I have not acknowledged that debt.    Like many, I have been hit by Covid economically.  I have not worked most of this year.  I am operating at substantial loss with funds fast drying up. The work position doesn't seem to be changing any time soon. I am not claiming benefits or anything.   Any suggestions for plan of action would be gratefully received.   Thank you   Arthur M.                        
    • Hi Manxman, Yes, the contract was signed on-line and I'm relying on s31 of CCR.  I think what you are alluding to is the fact that if the contract started within the first 14days and if it was commenced with the expressed consent of the consumer (on a durable medium such as letter or email not phone call or webforms), then the consumer has to be pay for the portion of the services that was provided. Also, if the service has already been completed (which is not the case here as the service will be completed after 12months from the commencement of the tenancy which never commenced) then, full service fee is payable. In this case, no express consent was given - I have checked all my emails to them so they cannot charge for the portion of the services either i.e. arranging some viewings and finding a prospective tenant. In fact, I offered to pay for the reference check costs but they want it all. There was an implementing guidance on CCR2013 which categorically says that the regulation applies to letting agent's services - I have attached it here. At the end of the day, regulations are regulations and if anything, consumer is recognized as the weaker bargaining party as the contract was created by the business. Please google Robertson vs Swift - case prior to CCR 2013 came in where the supreme court ruled in favour of the consumer and went above and beyond what the regulation said at the time (although it derived some criticism).  bis-13-1368-consumer-contracts-information-cancellation-and-additional-payments-regulations-guidance (1).pdf
    • No I didn't, in 2018 my laptop was unable to download open office.   I have attached the ci sheet from 2017, with all the charges listed up to then.   StatIntSheet v101 Charges V2.xls
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Hi, I've had a read through previous posts and was hoping for some advice on our current situation.

 

We entered debt management plan in Jan 2013 (70k credit cards & bank loans).

 

 

Never missed on mortgage payments (1 residential & 2 buy to let) and these are currently up to date.

 

 

We have a couple of properties which have finally increased in value and are hoping to sell this summer and get back on track.

Our DMP has always been up to date.

 

We were wondering what our chances were of obtaining a mortgage in future once we come out of the plan.

Both of us have good jobs and stable employment.

 

Also - if we went for part/full settlement of our debts does this pose an increased risk?

We were hoping that if we went for part/full settlement we would be able to save

and get another residential mortgage in a year or two

- not sure if mortgage company would look at us

- any thoughts?

 

Really appreciate any help and advice

as this DMP is a weight round our necks that we really want to get rid of as soon as feasible

(never paid a bill late until we entered into this but was unavoidable due to significant change in circumstances).

 

Please be gentle as I am not overly familiar with protocol on forums.

Thank you for reading

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Who was the DMP?

 

DId you check the validity of your debts before offering to pay them?

 

Did you reclaim everything you could?

 

If its a paid for DMP, dump them now.

 

Theyre pocketing your money for their own profits.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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dmp company have been really helpful to be fair (beech)

- not sure how easy it is to take control of it ourselves??

 

Not checked any of the debts are valid but not entirely sure what you mean here if you could be a bit more specific

- would the dmp company not have done this already.

 

Desperate at the time so god knows what we have signed with them

- clauses etc

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  • 3 weeks later...

Hi,

We are hopefully getting closer to either partially settling these debts

or at least fully settling some of them and coming out of the DMP.

 

We don't deny these debts are ours so not sure about our moral standpoint on questioning the validity

however we haven't checked PPI due to the fact these companies charge you

even if the compensation is drawn down off the debt.

 

If we were to partially settle these debts and then claimed the PPI compensation

would the PPI be paid to us or again be put towards the shortfall of the partial paid amount and outstanding amount.

 

Still not completely clear about the 'Full & Final' and 'Partially Settled' differences and the impact it may have on future loan apps etc.

 

We are now both in good employment and in a far better position than we were 4 years ago, we will not be charging headlong into the same mistakes we made, albeit led willingly by the banks.

 

Thanks you for any help/advice you can send our way.

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I doubt you'll get a mortgage (certainly not a none sub-prime one) if your credit score is poor die to your past history.

 

Obviously once you resolve the past issues your credit score should increase fairly quickly

- this will increase your chances of getting a mortgage.

Once your credit file is clean (6 years) then there should be no problem.

 

You have to be congratulated on getting things back on track after such a tough ride!

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who is you DMP with please?

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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dump them now

they are a fee paying DMP company

and reclaim the 'pot' they are secretly holding

to off your creditors a F&F settlement.

 

get an sar off to them and find out where all your money [didn't] go.

 

can you list your debts please

who they were original taken out with

type of debt

and who the debt is paid to now.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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dmp company have been really helpful to be fair (beech)

 

:lol::lol::lol:

 

well they will be

money for nothing fee charging DMC

when you can do it for FREE

and probably get lots of your debts written off..

 

can you confirm which beech it is

there are several.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Beech in Macclesfield

I will answer the above questions later today when I can dig out all the docs.

Thanks again for all of your time

 

barclaycard 16K

MBNA - Link financial 18K

Santander 8800

Moorcroft (was natwest) 21K

1st credit (was blackhorse) 6700

Lex auto 3500

 

We are currently paying just over 400 per month but realise Beech will be taking a substantial cut of this.

 

Please let me know if you need any further information -

I look forward to your response and appreciate you taking the time to help

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oh good grief

please dump that DMP company now

you are being had blind

 

link - biggest fleecers out there - send them a CCA request

 

1st credit likewise and this being a car loan? I bet you returned the car too? - send them a CCA request

Moorcroft, who are their clients as they don't buy debt - what type of natwest account

likewise for santander

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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god what a mess they've got you in

 

you are paying these fleecres a fee to manage yours debt

and you don't even know who gets paid what

or thru whom...

 

please dump them

best idea might simply be to stop paying

then you'll get various letters

from who think you owe money too

then we'll deal with them then.

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi, really appreciate your advice,

however because there is light at the end of the tunnel we really don't want to poke the hornets nest

and end up with DCA's knocking at the door.

 

I know this is a bit of a cop out and I am know your advice is solid,

I am just extremely wary about being dragged through CCJ/bankruptcy etc especially with a family to think about.

 

If you believe the CCA request is an option then we can request them, what if they have no record?

Are they legally obliged to scrub the debt or is it more about leverage when trying to settle a figure?

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No dca will come knocking at your door, they simply dont work like that they arent bailiffs.

In your CCA request, also enclose a short letter updating your current address and confirming that you no longer live at the old address, gives dates of moving aswell. Then keep these letters safe in case they try a back door ccj so you could prove they knew your current address.

 

Should any creditor/dca not have the correct paperwork then they would have difficulty proving any alleged debt and any claim could be defended easily if no credit agreement is supplied or remains outstanding from a previous request.

  • Confused 1

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

 

 

 

GEMHL Settled

Barclaycard Settled

A & L SETTLED IN FULL :lol:

Spml Reluctantly withdrawn

Blackhorse pre 31-7-06 Demand removal sent 23 8 06. ICO ordered removal jan 2007....REMOVED:lol:

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I would SAR & CCA Barclaycard

 

 

def CCA Link. and sar MBNA if you like

 

 

Santander CCA request for [each] card + SAR

 

 

next = CCA request

 

 

1st Credit CCA request ...Blackhorse SAR

 

 

Moorcroft for NatWest = CCA Moorcroft SAR NatWest

 

 

Lex Autos we need more history

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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right well when you get any info back on any of them

go to the main forum tab top left

drill down till you finf the named bank forum

of the original creditor.

then start a new thread there

you need to create a thread..for EACH DEBT

then scan upload

te info you receive back from either the CCA and the SAR.

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites
  • 2 months later...

Currently been in a DMP for 4 years with Beech finance. We are paying about 30% of our payment per month to them and would like to ultimately take control ourselves so more of the payment can go direct to paying debts off.

 

 

Don't know where to start with this so can someone please point us in the right direction. Is it an easy process? Like the fact that we don't get hassle from people we owe to but I am sure it will be worthwhile paying them the extra 30% direct.

 

Any help greatly appreciated

 

Thanks

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You tell them you want to stop the DMP and provide all info to you. I can guarantee they never checked the validity of the debts, and they only exist to take money from you.

 

Do you know what debts you have, and all details relating to them?

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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old and new threads from May merged..

 

all this has already been covered

if you go back and read from post 1 again.

 

so how did you get on with the CCA requests ??

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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As advised we CCA req'd the relevant companies & SAR'd the ones advised,

Santander came back with outstanding PPI

 

 

they all responded with CCA agreements, signed by ourselves,

a couple did take a while to respond but we had them all within a 3 week period.

 

 

We have just had the remainder of the SAR request returned,

which we will use as leverage when finally settling the debt.

 

The question really is do we approach the individual companies regarding a payment plan and is this a straightforward process?

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it is as you decide what you pay but...

 

who decided the CCA's were enforceable?

we've not seen them..

 

esp the link return..

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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We had a DMP with StepChange,

they were very helpful & free,

decided to self manage it ourselves,

 

 

all we did was informed SC that we would be doing it ourselves,

then we simply carried on paying the same payments to our creditors as we had been paying via SC.

 

No problems at all apart from a couple which had been passed to debt collectors,

they tried to get more from us without success,

we just took good advice for dx to set the payment we wanted to pay, not what they wanted.

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