Self managed DMP - management issues already - scotland

[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

[London1971]

Good , they have all defaulted, don't do or pay anything , aside from informing them of your current address, and I think you did that already.

All that matters are priorities like rent and council tax

[dx100uk]

yea dont crawl!!

bottom line is ignore everyone unless you ever get a letter of claim.

[dx100uk]

ACI, Moorcroft , opus all dont buy debts

unless you've received a notice of assignment from the DCA the debt has NOT been sold to them IGNORE!!, as i said their letters will state 'our client' xxxx.

 

dx

 

[Yorky55]

I am sure more experinced people will be able to advise and help.  From experience, why not contact National Debt Line, very good for;

a] sorting and printing you budget sheets, so if need arise you can send one to debt people, showing exactly what may or may  be left over for debts, making sure your priorities are sorted and other living costs.

b]  Also good for templates to use for letters etc, or ask on here

c]  Also register an dthey can offer advice on the phone or on line.

However, again, personal experience, try not to use current credit cards, especially if you cant afford the repayments, I am not sure how the debtors view pro rat repayments when you payig other current debts.

It does sound a upseting situation, but do not pay them anything more that you can safely afford, even a £1.

Hope you get it all sorted. I personally, again experience, do not phone, accept calls, e mails, I prefer and advise, letters only and keep proof of all documents. Keep a diary to not all actions, contacts, messages, months down the line you may need them to refer to.

 

all the very best

 

 

 

[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

[dx100uk]

5 minutes ago, Yorky55 said:

From experience, why not contact National Debt Line,

nope because all these free DMP/Advice sites simply encourage blindly paying without ensuring the correct paperwork exists if the debt has been sold on or that if the debt is still with the OC they issue a default notice ASAP so the 6yrs ticks from its earliest point possible.

do it yourself so easy!!

[Yorky55]

@dx100uk  true, very good point.

[Stuckfast]

Thanks Yorky

[Yorky55]

important thing @Stuckfast not to get to worried or stressed [easier said than done] you have a lot of debt built up, dont go adding more on new cards if you cant pay for it.  Re work your budget sheet, leave only a amount to pay back and stick to it. Do what is best for you.  good luck

[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 

 

 

[dx100uk]

if you are going by the address shown again a particular debt on a credit file, that's not normally the address where the debt is now registered, it's typically the address where the credit was first taken out or defaulted at.

as long as the debt owner, has in writing been informed of the correct and current address, if it's changed from the original take out address, there is no danger of backdoor litigation.

dx