Self managed DMP - management issues already - scotland

[Stuckfast]

I’m looking for some guidance please. I’ve been reading up but am stuck on what I should do and going round in circles now.

Trying to manage my own DMP and making a mess of it I think.

My income is £1015 per month

Essential outgoings:
factor fee £93
pet insurance £81 (giant breed so quite costly)
TV licence £13.37
Groceries for 3 adults and giant breed dog £309
Council Tax £111
Internet £36
Electric £59
No water/gas/car
Public transport £30
Gifts £15
Mobiles £6
Debt to family £42
Saving £0
Leftover £220 (for creditors)

Actual Original Total Due to Creditors £600 (pro rata started)

I’ve started negotiating pro rata payments while still trying to keep credit cards going for future emergencies (they are maxed now but if I can pay them down it releases credit for me to have as a back Up)

It’s all getting worse, I’m struggling, I have depression, my wife has depression and is unwell. Interest on 3 cards is over £100 so not really paying anything off.

I’ve negotiated pro rata on some and I think I’ve gone in too high because I’m really struggling with it, I forgot that when they ask for income expenses they don’t take into account that the factor bill is 3 monthly and therefore I need £279 by May 31st and not £93 as budgeted so already in trouble for month 2.

Partner debts:

Starling bank overdraft: £400, 2019. Pro rata £14 arrangement to pay, no default.

Tesco Credit Card: £100  started 1/12/2019; defaulted 7/10/20 £5 mth

Virgin Credit Card: £2700 started 14/5/18; defaulted 30/3/21 £5 mth

Marks and Spencer Credit Card: £850 started 18/10/19; defaulted 13/1/21 £5 mth

Nationwide Credit Card: £1500 started 30/4/19; defaulted 28/12/20 £5 mth

Barclaycard CC: £1400 (PRA group purchased it) started 25/8/18; defaulted 16/7/20 £5 mth. 
 
Aqua Credit Card: £3900 (now with Cabot Financial) started 3/12/18;  defaulted 12/11/20 £5mth
 
Aqua Loan: £1700 (now with Link Financial) started 28/9/19; defaulted 2/2/2021 £5 mth

 

My Debts:

Monzo Loan:  £1900 October 2021 – permanent pro rata £39 agreed, not defaulted 
 

Likely Loans: £1500 December 2021 – temp £14 pro rata, not defaulted 
 
Monzo overdraft: varies up to £750  - temp £10 pro rata

Monzo Flex: £900 December 2021 – temp £11 pro rata
 
Fluid Credit Card: £1500 July 2021 (on a holiday until August) £0 

Capital One Credit Card: £700 £40 mth (up to date)
 
Amazon Credit card: £2450 November 2021 £75 mth (up to date)

Next: £56 December 2021,  £5 mth (up to date)

 

My dilemma is I can’t pay the factor bill and have maxed my cards.

I wonder about going on a payment holiday with Amazon and Capital One and then negotiate pro rata using a part of the £220 left for creditors in time, so keeping the pro rata proportional.

In August my Fluid holiday ends and they want £80.

I’m not getting hassled by any creditors and prefer an option that keeps it that way but last night seriously thought should I stop paying all of some of them.

 

Thanks 

Stuckfast

 
 

[Stuckfast]

 
 
Hi Yorky and BT

 

Thanks for the reassuring advice.

 

I’m in Scotland Yorky, so factor is just the management company but I think it’s one of the priority bills you mentioned but not entirely sure.

 

I take on board though that I should stop using the cards so maybe paying them off to use isn’t the best plan. 

 

Also, I think I’ve offered more than I should have trying to keep the OCs  happy rather than what is affordable. Probably made a few errors of judgment and got a bit confused too.

 

My wife doesn’t have an income.

 

Offering £1 rather than maintaining them sounds a good way forward.

 

Starling and Monzo have put an arrangement in place but I can still use the account, they said they wouldn’t ever take more from the overdraft than the agreed amount. 

 

So I’m a bit confused that I’ve offered pro rata but not getting defaulted and instead getting arrangements to pay and keeping the accounts open. 

 

I thought doing a CCA on a new debt (from 2021) with a DCA would be easy for them to get the agreement, that is interesting if you know any more, this is another reason why I was trying to do it the way I was but I feel like I’m drowning rather than getting anywhere but feels so close at the same time to making it through.

 

Do you mean paying full and final on a credit card for £100 for example, pay it in full or offer a percentage. Just a bit unsure on that, I’ll have more of a good read on the forum. 

 

It’s good to see other perspectives on it, I think I’ve got really stuck and just have stopped going anywhere focussed and need to get back on track.

 

I think the usual moral dilemma is playing a part too especially as some of the original creditors have been quite understanding. Others haven’t as much.

 

Thanks again

 

[Stuckfast]

That’s brilliant thanks for all the info, enjoy your evening.

 

Yeah, that makes a lot of sense about the F&F, definitely something worth considering to lower the amount of communications to deal with.

 

It’s good to know that newer debts can also be missing the documents needed, sounds more hopeful.

 

Thank you
 
 

[Stuckfast]

 

@dx100ukHi DX and thanks for your help

 

Is it just E&W that don’t be bothered to go to court or Scotland too? Is being in Scotland meaning it will be worse for me re: court action or similar to E&W.

 

When you say “rock and a hard place sadly you be, the only thing you have going for you is time”, I’m not entirely sure I’m grasping the context. Just want to make sure I get it and why so don’t make any mistakes.

 

So if a debt was E&W and with DCA, can I send a SB letter even when I’ve been paying it recently? 

 

@Badtimes123Thanks for all the info and guidance on the correct way to move forward, plus the info on AP markers, I take that on board.

 

Thanks for all your help and for going through each debt like you did, really appreciate that.

 

I’ll get prepared for the forest of letters and will keep it organised and filed separately. 

So it looks like the answer definitely is to default and stop trying to maintain each debt. 

Sounds good in a strange way.

 

Thanks again

 

SF

 

[Stuckfast]

Thanks DX, I think I follow now, thanks for the advice and clarification.

 

Yes, my partners debts were all taken out while we lived in England. All mine were taken out since living in Scotland, but Capital One and Fluid were within the first 3 months of being a resident in Scotland.

 

SF

 

 

[Stuckfast]

DX 

 

I’m still processing and hear the advice and thanks for taking time to advise the best way forward from here.

 

Do you know if the Scotland debts are more likely to try for court (based on my situation of no improvement for 6 months at least, offering £1 for now and defaulting everything not already defaulted) or pretty much handled no different to E&W.

 

Especially with the SB being different does it make then tougher on the debtor is what I mean.

 

I’ve heard they have a sheriff here. 

 

BT

 

Thanks for the pointers on the road ahead, it’s reassuring to hear you’ve recently been there, I’ll definitely keep reading up and will hang around CAG.

 

Hope your journey is going well for you, you sound confident with the way it’s going. Definitely a relief.

 

Been going round in circles, doing my head in the last weeks with a plan of action I’d made, then realised it was slowly going wrong.

 

Yea, I forgot to say, I’ve seen my credit file, it’s very poor, with missed payments, no defaults.

 

Really appreciate your help.

 

A big thank you to you all.

 

SF

 

[Stuckfast]

Thanks DX

[Stuckfast]

Thanks BT

[Stuckfast]

Hi DX 

 

I wondered if you would help again please, I can’t see how to reply to my thread and again thanks for the help, so far the journey has been ok, many put us on breathing space and then defaulted.

 

We’re resident in Scotland but the following debts mentioned are English ones.

 

We’ve changed all addresses and asked for everything to be in writing only and did CCA’s for any that are sold and all came back non enforceable at first. I have a few problems.

 

1) Link Financial now have the CCA request for the Aqua Loan they own. 

 

They’ve sent a summary of account and terms and conditions. The t&c have correct name, correct address, the amount borrowed amount due plus correct amount due per month.

 

The signature box is blank, it was taken out online but there is no tick box, no date and no IP address. It’s on Link headed paper and they didn’t say it is reconstituted just that it is now enforceable.

 

2) Starling haven’t defaulted yet and been on breathing space since August, they are now adding interest on the overdraft. Should I just continue to wait and let this happen.

 

 

3) Marks and Spencer credit card will not accept the change of address unless wife phones them. 

 

They sent a letter to the wrong address which our neighbour a few doors away received saying that they can’t change the address unless she phones them. Our post redirection has now stopped so if they post to old address or continue to the wrong address (a few doors away) we won’t know if they send a letter of claim. So far we haven’t phoned, just checking we’re doing right and what to do.

 

4) Tesco have written asking wife to phone, despite asking for things to be in writing.  In fact thinking about it we haven’t heard much from some of them but should she be thinking of doing the pro rata for the ones with the original creditor or wait for them to write.

 

The following are the Scottish debts taken out in Scotland, 

 

1) Most have now defaulted in December/January and I’m currently not paying pro rata because of breathing space and income deficit. Haven’t paid anything since August. The ones that have just recently defaulted and with Original creditor should I now offer the £1pcm though many won’t accept because of income deficit then Pay the £1pcm even if they don’t accept.

 

 

Thank you I just don’t want to go about it all wrong and know you’ll know the way to go.

[Stuckfast]

Thanks DX. Your advice is appreciated, I’ll do that. 

 

Stuckfast

 

 

 

 

 

 

[Stuckfast]

Thank you HB

Just an update and wondering when to ignore or update creditors and is it time to set up pro rata. 

No payments have been made to any debt for around a year now and all have defaulted except Starling.

Do we need to keep OC and sold on owners informed that we have a deficit and payment plans with council tax and ground rent until April 2024 and little chance of health improving.  

Worried they may assume we have money and are refusing to pay rather than cannot pay and then they do a letter of claim, is it important to have kept creditors/debt owners updated, especially as we have no pro rata set up for any and especially if ever it got to court.

If an OC knows we have hardship troubles and then sells the debt on, do I re- inform the new owner of hardship or ignore them. Not sure with data protection if they pass the info on or not and therefore it helps them to be updated. So far I’ve just ignored most, though I think some know but not all know. 

The reason I ask is Oakbrook (likely loans) sold it to ACI. ACI have written saying they have a note that we are in financial difficulty. Should `I confirm this with them or do a CCA, haven’t paid for 18 months so can a CCA wait. I want to try and avoid court claims where possible and not sure but I’ve read there’s a time to ignore and be radio silent and a time to keep them updated so they know what’s going on. 

Writing an update to them acknowledges it and resets the statue barred clock though,  is that correct, as does making a payment. 

I’ve read up and see that after default I should set up payment plans. Nothing has been paid in about a year. In post no23 you said to wait and see where they go, no rush, I’m just checking if it’s time yet to set up a pro rata plan.

This keeps happening how is it handled please: we wrote and changed all addresses from when we moved but some creditors agents and debt owners are using the wrong address, should I let them know in case they issue a letter of claim, or is it their fault if they use the wrong address once informed in writing of the correct address, they’re getting the flat number and house number wrong and post code. The original creditors did or have used the correct address so it’s the new owners or debt agents that are getting it wrong.

My Scottish debts living in Scotland:

Monzo Overdraft, flex and loan; Capital one credit card …haven’t heard anything since default. I don’t think Monzo sent a default notice for at least one, unless it’s on the app but they’ve closed it down so I can’t see any info anymore.  Should I offer a pro rata yet and is it right we wouldn’t  get a letter of claim but a sheriff delivering papers, would we get any pre warning.

Fluid credit card have got resolvecall involved, RC are using the wrong address. Should I tell them or leave it. Fluid have it correct.

Wife’s English debts living in Scotland:

Clydesdale Virgin know we have a problem with deficit and health, they asked for a letter from GP and IE form be filled in. She doesn’t want to do a GP letter but could easily get one.  Should we keep them updated, will it help for when they sell it. She won’t be able to pay anytime soon.

Nationwide and Tesco are now with Opus and Moorcroft but not sold yet. Should we do a pro rata plan yet or keep them updated.

Starling overdraft have still not defaulted and adding interest each month. They know the situation but seem to have forgotten and it’s like it’s all gone back to the beginning of collection again, which makes me wonder if they keep any info they were told or not.

The two Aqua, you have already said are unenforceable, Cabot are writing asking about the situation, Cabot gave it to Orbit to manage who got the wrong address and now today Cabot have written with the correct address saying they are taking it back over again and want me to do a payment plan.

Should I ignore or update them on the situation, to hopefully stop them doing a court claim. I know you said to ignore Link until letter of claim but wondered if same applied to Cabot and wondered why are they taking it over again.

I think I’m struggling to work out when to keep them updated and when to ignore, because getting lots of phone calls (we don’t answer) but happy to write if it helps them to know for sure it’s a waste of time trying to take us to court, also happy to ignore but if it comes to court in time,

want to have done everything correct from keeping them updated on the situation if necessary and to setting up pro rata, rather than them say to a judge we’ve ignored it, just I’m getting lost off with who knows what but it’s written down and screenshot somewhere apart form the apps, I lost all that info I had so what I’m saying is if they’ve been told once is that enough even when sold on and do I need proof or does it even matter.

Several had refused £1 a month because of the deficit. I’ve read you should pay  OC and enforceable £1 as way as good faith. I haven’t done this in the last year and not sure if it’s time I should.

Most were ok at taking no payment for a year but now the year is up do I contact them and when they contact me do I reply and update them.

Thank you

Stuckfast

[Stuckfast]

Thanks London, we’ll focus on priorities and not contact them. Yeah, all addresses were changed in writing but some have since passed on the new address incorrectly so our neighbours keep getting the letter or postman sometimes catches it and we get it. 

 

Thanks DX, we’ll do that. Sorry, I’ve made an error with what I said regarding Oakbrook (Likely Loans) and ACI, I’ve just looked again.

 

I have received a notice of assignment on ACI letter head (email) stating that Oakbrook trading as Likely Loans have sold the debt to Perch Capital and have appointed us ACI to manage it. In this notice of assignment ACI stated that Likely Loans had shared information about my personal and financial situation and would like to help going forward. I was just wondering if I should confirm I don’t have any money, CCA it or wait with doing CCA with it being new from late 2021 or ignore. The debt was for £1500 but they preloaded the interest so it’s over £2100. It was taken out in Scotland.

 

Thank you again

Stuckfast

[Stuckfast]

Thanks Yorky

[Stuckfast]

@dx100uk Just to confirm, I’m literally going to ignore everything from now unless I receive a  letter of claim or Scottish equivalent. 

Post #31: I also ignore Perch Capital and not CCA them?  Same applies with any new owners of any debt and CCA at the point of any letter of claim now. And addresses just forget about. 

Thank you

Stuckfast

 

 

 

[Stuckfast]

I know I’m wittering on about addresses,

but on my credit file Newday (Fluid) have the correct address from when the debt was taken out. Cabot who own it now have reported on the credit file that I have moved and not given them a new address. I’ve not moved.

I know you’ve said to ignore everything and I will but if they try for a back door decree will I be able to get it removed.

Also, on my wife’s credit file,

all new addresses are correct apart from M&S bank.

As you know a few months ago I mentioned they refused to change it without ringing, well it’s been sorted I have proof I’ve given the correct address, and today Wescott have written using the wrong address, and M&S still have it wrong.

Is it my wife’s responsibility to keep telling M&S (she’ll ignore Wescott) or is it their problem if they can’t use the correct address and therefore if she got a back door CCJ it could be challenged.

 

Sorry to be a pain