StepChange DMP Help please

[players4you 1]

Hi All,

 

I would really appreciate any help in this. I want to stop paying this and am wondering if I need to offer F&F or if I am good just stop paying. A few details first:

 

1.DMP with StepChange started circa 2010

2.Have been paying every month since

3.Want to stop paying/clear as want a new mortgage in the next 9 months or so

4. None are currently showing on my credit file

 

And the finer detail:

 

 

* = these were on my credit file until recently. I complained stating that they should have been defaulted as it was unfair. They have stopped reporting now - but werent able to add a retrospective default date.

 

I havent made any enquiries about CCA's etc. I want to just stop paying but also cant have any of them appearing on my credit file as need another mortgage etc. I understand most will likely not have a CCA but there is one overdraft related entry so not sure what to do about that one. Also I think they could CCJ but can they start reporting again - I know the ones with a default date cant but can the others?

 

Hopefully thats enough info. Would really appreciate your excellent guidance

 

Many thanks

 

 

[dx100uk 9,638]

pers i'd just stop paying the whole plan.

you've been had from day one on all of them.

 

as long as stepchange has your correct and current address.

just sit back and await the deforestation that comes thru your door.

i'm of the opinion now that for DMP's of this historic age now its far batter to simply stop paying the whole plan and IGNORE everyone, rather than sending CCA's requests etc etc, until or unless someone sends a letter of claim relating to any of the debts that wrre in the plan.

 

then comeback here and we'll deal with it as we do.

 

the most important thing to ensure is that the DMP provider does have you correct and current address (p'haps do this in a letter to them stating you ae now cancelling the plan and stopping their mass DD).

 

dx

[players4you 1]

Sorry forgot to mention. When filling out the financial situation to get the stepchange payment low I was very economical with the the truth. I dont want this to be an issue as I am worried about that.

 

Thanks very much dx

 

Not sure if your saw my comment re the budgeting as think we may have crossed.

 

Can they start reporting on my credit file again? I really cant have that happen. Is this a risk.

 

The conundrum is - if I settle them now for say 30% of the debt thats around 5k. If I end up having to pay them thru court action then just a few could be that much. I suppose thats a gamble.

 

when they do a letter of claim, I am guessing we then ask for a CCA. If they can provide it do I have the opportunity to pay if necessary before getting a CCJ or it reported again on my credit file?

[dx100uk 9,638]

once a debt has had a default notice issued thus resulting in a defaulted date being registered, it reaching it's 6th birthday and thus removing the whole account, it can never comeback.

 

ok yes, if you fail to keep your debt owners updated with any subsequent moves, which you must for say 7yrs to be sure (which does not reset anything)  if if if a CCJ were ever to be attained and registered - that CCJ would show but not the debt itself return.

 

as long as a debt owner always has your correct address then a letter of claim if ever issued can easily be dealt with, but much better to comeback here in case wisdom on dealing with those changes down the line.

 

as for settling debts via an F&F to a dca that owns any debt - , totally pointless, in many cases it doesn't make it go away, they just await till 6yrs has almost expired then try for the rest or sell it on and they try for it, plus you giving the DCA free money to fund harassing everyone else they try and mug..

 

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

 

[players4you 1]

Thanks very much dx

 

Can the ones that have not default date be reported again? I complained and they have stopped reporting. If I stop paying can they start reporting again?

 

Is the I&A completed as part of the DMP legally binding? what if this isnt accurate could this be a legal issue at that point it goes to court?

[dx100uk 9,638]

a dca cannot issue a default notice only the OC can.

 

as for any statement you made 1 month or 10years ago of course its not legally binding

you lied

they lied

to line their pockets and the pockets of their mates the DCA's as they get backhanders from them too.

 

get out from the muggers that feed the muggers that have ruined your life for 10years.

just think what you could have done with 10yrs of £xxx payment to stepchange and where you'd be now had you not got scammed  by the debt system.

 

 

 

 

[London1971 1,100]

This stuff really makes me angry, the likes of Step Change masquerade as help, but in reality are locking you in to perpetual debt, that you would be far better off simply ignoring.

 

Stuff 'em and stop paying, it's long gone off your credit file and invisible to any mortgage lenders.

[players4you 1]

Thanks both,

 

The only thing I am still not clear on is there were 4 DCA's that were reporting on my credit report and as I complained they have stopped BUT there is no default date on these debts. Can they start reporting these debts again on my credit report if I stop paying.

 

When I tried to re-mortgage a few years ago I was refused as these 4 were showing as in a DMP. Ofc they are not now as I told them it should have defaulted BUT they werent actually able to add the default date - so in theory could this happen again.

 

Thanks so much for your help

[dx100uk 9,638]

deal with it IF it ever happens...

[players4you 1]

Trouble is I cant do that though - I absolutely have to be able to get a mortgage at the end of this year and if theres a DMP or "arrange to pay" on it then I cant.

 

Understand the ones past the default + 6 years cant start reporting but I assume by your answers that the ones that dont have a default date can. This effectively means I will need to carry on paying those 4. I am thinking stop the DMP - make a personal arrangement with the 4 that arent defaulted. At least it will have more than halved the payment - unless there is a way of guaranteeing that they wont re-appear.

[dx100uk 9,638]

but they didn't remove them 'because' you agreed to pay or continue to pay + i bet they are over 6yrs old anyway and thats why they were removed.

 

5 hours ago, players4you said:

* = these were on my credit file until recently. I complained stating that they should have been defaulted as it was unfair. They have stopped reporting now - but werent able to add a retrospective default date.

 

who were 'they' you complained too..

[players4you 1]

It was the DCA's who I complained to. They were the ones reporting the debt. They have stopped now but theres no default date. They are more than 6 years old yes, but I don't think that on its own is a reason for it not to reported?

 

If I had a legal reason why they couldnt start reporting the debts again I would gladly stop paying them - but at this point for these 4 I dont. The others that have defaulted + 6 years are no problem

[dx100uk 9,638]

did they reply, and did the reporting immediately stop or it took a while?

 

it doesn't sit right that differing DCA's just because of a letter each stopped updating debts they each owned that had no registered default registered, that were all subject to the same DMP that reduced payments to them all started at the same time. 

 

 

[players4you 1]

There were 4 debts that were being reported and were affecting my credit file. The other 6 are all defaulted and long since dropped off.

 

I complained to these 4 stating that these debts should have been defaulted years ago and should therefore be off my file. They upheld my complaint but said they couldnt add a retrospective default date but that they would stop reporting to my credit file as it was unfair as they should have been defaulted years ago.

 

I have continued to pay each of the creditors on the DMP for the duration at the same amount.

[dx100uk 9,638]

then they can't comeback IMHO if you stop paying.

you should have stopped paying there and then, but i suppose stepchance again poked their nose in and said either you cant just stop some debts through the plan, keep lining ours and their pockets.?

 

they are correct they cant register defaults themselves only the OC can.

 

 

[players4you 1]

Thanks for your thoughts. I guess I could go to the OC and get them to add the defaults but that might be a long process.

 

I have only just started entertaining the idea of not paying as my main priority was getting a clear credit report as needed to move home urgently due to personal reasons. Now I am sorted on the credit file front its a case of seeing if I can stop paying this turkeys without going backwards.

[dx100uk 9,638]

once your debts were defaulted , paying or not or paid or not

the defaults are there for 6yrs.

you've been had blind..

 

11 minutes ago, players4you said:

I have only just started entertaining the idea of not paying as my main priority was getting a clear credit report 

 

which toward going to stepchange was the biggest mistake you made.

[players4you 1]

Yep, should have made sure all were defaulted, sucked up the bad credit for 6 years (which I had anyway) .

[London1971 1,100]

Although I still think you will be ok on the mortgage front, it always helps to find a good Broker who can guide you around these sorts of things. 

[players4you 1]

Oh yes, as long as I dont have a DMP and the credit file is as it is now (which is virtually as good as can be) I will have no probs with the mortgage. I am very fortunate.

 

I am actually thinking of getting the OC to add the default for those not already added. In the meantime I am going to stop the DMP. Arrange to pay the 4 that havent defaulted to preserve the credit file and then once a default is added stop paying them. Then I can await any action.

 

One question that wasnt answered was - if a court claim is filed and we put them to proof and they can provide proof, can I pay them without getting a CCJ or is that it?

Edited March 2 by players4you

[dx100uk 9,638]

3 of the 4 sold debts you are worrying about are credit cards by the look of your list in post i

the OC's would have issued a notice of default and a Default Notice and or Notice of Sums in Arrears upon their sale or before that date, just because it didn't actually get registered we normally find IF IF IF the fleecing DCA's raise a claim these appear or don't and thus the lack of them is fatal and they lose the court claim.  

 

your main issue is if you cease payment now they can magically re-appear on your file...they can't.

[players4you 1]

Are you saying if they didnt issue a default notice then they lose the court claim? What if they have all documentation do I get to pay them before a CCJ?

 

Sorry if I am being a pain or a bit dim!

Edited March 2 by players4you

[dx100uk 9,638]

if a DCA as the claimant was to take you to court and the claim was properly defended by you the defendant , the claim would fail under the consumer credit act section 87 should the claimant fail to provide proof a compliant default notice was ever issued by the original creditor 

 

sorry but you are seriously over thinking everything here .....a dca has no more legal powers than you or i ... and are totally powerless.....