Been with payplan for 13yrs - help

[scarlettb]

Hello, 

 

This is my first most and I'm somewhat ashamed if I'm honest.

 

back in 2009 my husband lost his job and our income dropped massively, partly due to my health. We were happily managing our debt and boom it went pearshaped. j

 

We entered into a DMP with Payplan in I think 2010 and have never missed a payment or even paid late. We are still in it with about 15k left to pay. We really want to get rid of it and put it behind us.

 

I have a few questions.

We couldn't do an IVA because of my husband's job so its been dragging on for years.

 

1. None of our debts have appeared on a credit file since before 2018, can they go back on? Some were defaults but not all. Can they reappear if they were were approved payments with the company in question rather than a default?

 

2. If we pay a settlement figure can that be added to our credit file as partially settled?  

 

3. Is there any factor that they could go back on our file.

 

EG:  Hoist have said they had the account since 2014, there have been no defaults in this time and therefore if we paid the full amount or the settlement it still wouldn't show, likewise Cabot have said the same thing.

 

We are due to renew our fixed rate in December and I really don't want to cause an issue there and I don't want historical debts causing us issues for the future.

 

We both work hard and have completely changed the way we deal with debt and finance. We have been on track for long time now and I don't want to risk it.

 

I hope this makes sense. It's really causing me quite a lot of stress and upset now, not good with autoimmune diseases that flare with stress!

 

I really would appreciate any advice you could give me. We want to step away from Payplan and deal with it ourselves and this is the first step in addressing that.  

 

TIA 

 

S

[dx100uk]

God had blind from day one

And ruddy good job you couldn't do an IVA as well. Never a good idea those!!

 

1st your debts cant comeback on your file now so forget about that worry.

 

STOP paying fleecing payplan today.

then simply await the forest through your door, which we will deal with debt by debt.

 

stay off ALL forms of comms with any of your debt owners. Ignore each one until or unless you EvER get a letter of claim.

 

1st question..have your moved since taking out the plan with payplan!

 

Dx

 

 

 

 

[scarlettb]

Thank you for your reply.

 

we don't really want to ignore it, we fully accept we had the debt and want to pay it back. We have been at the same address for 13 years now.

I have already spoken to 2 providers, Hoist and Cabot..

 

Surely if I ignore it will just make the situation worse and we could end up with a CCJ? 

 

I'm thinking of making payments to them directly until we renew our fixed rate and then look at options about repaying it fully.

 

Payplan are free aren't they? I've never paid any fees and the amount allocated has got to the companies concerned.

 

They have however failed to contact us for an updated financial statement for a number of years.

 

We had a letter from Cabot today because we notified Payplan we were no longer using them. Only did this at the start of the week. Sorry, should have put that in the original post. 

[dx100uk]

Woa horsey..slow down.

i can tell you've sadly been indoctrinated by the whole debt collection system and the utter claptrap they come out with by exhibiting all the classic cash cow symptom replies.

 

Throw the morality card that you owe anything out the window, they have...why do you think numerous multi international companies sold your debts to debt buyers for about 10p=£1? Why did they not take you to court and crush you? Strange eh?

 

next time the phone rings either ignore it or state writing only and put the phonedown.

 

A DCA is not a BAILIFF

and have 

ZERO legal powers on ANY debt no matter what its type.

 

as for ccj's..they'll have to produce the signed agreement first..bet you haven't a clue what a CCA request is...let alone ever sent one for every debt youve been blindly paying for 12yrs... 

 

Dx

[dx100uk]

have a good read of a few threads in the forum i've moved you too

 

you'll soon get the idea.

 

Debt Management Plan Companies - Consumer Action Group

[brassnecked]

How many are debts that come under  the Consumer Credit Act  or other similar legislation, and how many are pre 2007?

[scarlettb]

The accounts were all opened pre 2007 I think and we started have problems end of 2008, into 2009 when my husband lost his job. 

[dx100uk]

get reading up on a few of those threads above

then comeback with any questions.

list your debts at some point as you'll see in the other threads too.

 

dx

[comebackjimmy]

These companies have a business model that assumes a certain proportion of people will not pay part of their loans.  They recover their money by selling it off for 10% of its face value (of which a large amount will be onerous interest anyway) and can right the rest off against the tax they would otherwise pay.  They are happy to charge you high interest when you are paying and have the rest of us tax payers pick up the balance afterwards.

 

Don't bother worrying about the morality of you paying your debt, they are happy to have a milk cow.   Stop paying until they are able to make you pay, almost certainly none of them will be able to.

 

Just make sure they all know where you live now so they do not send letters to the wrong address.

 

Then never speak to them.  Written communications only and even then only if absolutely necessary.  Just because they write to you it does not mean you have to write back.

[scarlettb]

So a breakdown 

 

Barclaycard £1075

Cabot £4836

Cabot £2068

Hoist £508

Moorcroft £392

PRA group £663

Paragon personal finance £1518, £1326, £1352, £1075

 

I made the call to Cabot and Hoist yesterday as previously mentioned, before coming on here. 

 

How do I know for certain they defaulted? If they didn't can they issue a default that will appear on my credit file. None of these have shown since 2018 and my main concern is them going back on. As said DMP with Payplan was running from 2009/2010 so none of the accounts were used after this point.

 

I have quite significantly health issues and stress really isn't good for it, doing this is huge for us so please be gentle.

 

 

 

 

Edited January 14 by scarlettb

[dx100uk]

who are moorcrofts clients please

 

all you debts should have been defaulted years ago, and once a debts been default it goes from your file on the defaults 6th birthday paid or not paying or not.

so thats why some wont show, and NO they cant comeback.

 

doesnt mean they are not 'owed' thats down to enforceability and your last payment date .

 

what type of credit was each debt and who was the original creditor  too.

 

[scarlettb]

Im actually not sure what they were for, it's been so long. 

 

The larger Cabot was Egg, and probably the smaller Cabot was Egg too.

Hoist was a GE capital store card

 

How can I find out? They would have been credit cards or store cards. Are any of these more difficult to deal with than others?

 

I appreciate your help 

Edited January 15 by scarlettb

[dx100uk]

They will never get enforceable ccas for egg stuff and most def not any ge money store cards.

 

One of the main issues with these historic store cards are they were converted to gen purpose credit cards rather than just store use only without making you sign a new agreement. 

 

As for egg stuff, ccas are never complete and most dont exist now only application forms, which are not enforceable.

 

So at least 3 debts now gone as cash cow accounts.

 

Dx

[scarlettb]

The GE cards never changed to standard credit cards. They were active store cards until the time we stopped paying them.

 

I do remember signing an agreement with Egg.

[scarlettb]

I have a list of everything 

 

Barclaycard is still with Barclaycard 

Egg now Cabot 

Santander, formerly GE store card now Hoist. 

Lewis group , then Arrow and now Moorcroft

Barlcays bank now PRA group 

Lloyd's now Paragon 

HSBC now Paragon

Hfc now Paragon 

I don't know if they all defaulted and none appear o  credit file so I can't check

 

[dx100uk]

they wont show ever. Defaulted more than 6yrs ago.

 

Add to each... type of credit and take out date please

[scarlettb]

I'm actually not sure on dates but all were before 2008 some accounts were probably opened before 2002. Other than contacting the DCA for the information.

Egg was a loan for each of us and a credit card 

Hoist and Moorcroft all store cards

Lloyd's were credit cards

Hfc was for a laptop 

HSBC credit card

Barclays bank I think was an overdraft 

[dx100uk]

So everything bar the OD the people you are paying get a cca request to each one. They then only have 12+2 working days to reply before they get nowt more and you do nothing further until or unless they ever send a letter of claim.

 

as for the od, are you still paying any income to the a/c?

 

Dx

[scarlettb]

That's my job for the weekend. CCA letters! Cabot have already said verbally they can't find them for any of the debt with them, thry said the accounts are too old and they wouldn't be able to find them! That's where we owe the most.

I read somewhere else that if the debt is with the original lender still then they're more likely to find the CCA,the only one like that is Barclaycard. 

 

We don't hold accounts with the OD account. We were very careful not to have accounts that are connected to the debt we have. That's one thing we did right

[dx100uk]

well cabot get nowt then.

 

cant hurt to CCA BC, they never kept them in the right format most of the time anyway.

 

the Barclays OD , what i means is you are no longer having any wages/benefits or anything paid into it...thus you are controlling when it ever gets any money...whats the sum?

[scarlettb]

So I've sent off all CCA requests.

It's been a week ans I've had a reply from PRA with an information sheet included. 

It says on there if they can't provide the information they can still:

Contact by letter

Transfer to a debt collection agency 

Continue reporting on credit file

Pass information to a credit reference agency

Send a default notice.

 

It says that even if they can't find the information it can affect your credit score.

 

I've not heard from anyone else yet, 3 cheques have been cashed

 

[dx100uk]

a debt buyer cannot send a default notice, well they can but it cant be registered as a default on your credit files, they are not the original creditor and any agreement under the consumer credit act has already been terminated upon sale.

 

as soon as they or anyone exceeds the 12+2 working day time limit

one of your options is to crease payment. if you are making any.

 

 

[scarlettb]

Thet all defaulted over 10 years ago with the original lender.

We have ceased paying while we wait for the CCA. Almost all have a hold on the accounts until the end of this month anyway until we look at what do next. 

 

I'm still finding it all quite stressful 

[dx100uk]

well you should be over the moon...

 

looks like 90% of these debts are unenforceable....you've wiped £1000's of debt

 

yours on any debt with no enforceable CCA is not the next move....bye bye debts...

 

[scarlettb]

So I've had 3 letters today to say they're unenforceable and to get advice from debtline ,

 

this is one of the replies via an online chat 

 

OK. I just wanted to make sure they have your current address in case they were to try and issue court papers.

 

It is correct that you do not have to pay. However, you need to be aware that we have seen instances where a court has used their discretion to allow court action if it is fair to say that the debt is yours.

 

I just want to make you aware of this in case they try it.

 

How much do you still owe in total on your debts

Edited February 16 by dx100uk
added A few blank lines only..dx