DMP and clearing credit record

[zara_goza]

Dear All,

 

I am in a DMP with CCCS at the moment which is working nicely,

but my question is: Is it possible to re-built your credit record while on a DMP?

 

 

Other issue that is bothering me is that one of my creditors RBS Mint keeps sending me default letter notices,

even when they agreed to the DMP, gave me a number for their insolvency dept

and was told that from now on I would not receive more statements, which I still do, or those sort of letters.

 

 

In the statements they still keep adding up interest and charges...Also a PPI.

 

 

Is it possible to claim the PPI part of the card while on a DMP?

 

 

Also how many default notices can a company put on my credit record at a time while they agreed to a DMP?

 

 

If I started the DMP in September last year,

how long it will take me to re-built my credit record?

 

 

My partner doesn't know about my DMP because we don't have a joint account

and I don't want to worry him about it,

but we're thinking in a couple of years or so to buy a house and I don't want my credit rating affecting this.

 

 

I'm trying to sorting out my debt as quick as possible, but everytime I get more worry about all this situation.

 

I know they are many questions, but I'm confused.

 

Zara_goza

[IdaInFife]

Hi,

 

Unfortunaley being on a dmp will affect your credit file. ther eis no way to stop this.

 

Once the account is settled etc cfiles are normally kept up tp date for 6 years then drop off.

 

there is nothing stopping you to relcaim any ppi or unlawful charges on any of the accounts.

 

could you tell us roughly who the accounts are with, who was the original credior and how long you have had them?

 

Ida x

[zara_goza]

My debts are with Egg Loan/Card, Virgin (MBNA) Card/Loan, Ge Capital (Debenhams, debt moved to another agency), Smile (overdraft) and Barclays card.

 

I'll fund my last statement from CCCS and I will get the round figure, which if I'm not wrong this will be around £23K...

 

My point is that I lost my job in January and I managed to get a temporary role that pays more but will hopefully last until the Sept. At the moment I'm paying as much as I can in the DMP, and if my salary keeps at same level or more, I believe I can be with luck paying all my debt in 2 years or so. Now what I was wondering is it the 6 years in the credit file will start to count from the DMP took place or as soon as all my debts are clear, which puts me in a very bad situation as I really would like to tell my partner that we will be refused a mortgage because of my past mistakes...

 

I have no idea how old is my debt in each of the creditors... Also I do have a PPI with a separate insurer and I just want to get my head around, because I tried to claim this from Ge Capital and there was not way, they did send me the application that I did on the shop, where the lady told me to put my signature on and it was market with the X she did, she definately didn't advise me of this insurance and seriously she was not FSA qualify as she was a sales assistant...The same with the other cards, I was not told about it, when I realised I cancelled with as many as I could, but Mint have been ignoring my request...it seems my account is on a loop with them...

 

What should I do first to get my head around and start the ball rolling?

 

Thanks,

 

Zara_goza

[IdaInFife]

ok i would send a cca request to all your cards and loans to echk everything is as it should be:

 

Dear Sir/Madam

Re:- Account No: XXXXXXXX/Your Reference Number: XXXXXXX

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

You should also note that I will only discuss this matter in writing and should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you or any of your associates.

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

I look forward to hearing from you.

Yours faithfully

 

you need to include a £1po with each and do not sign it just print your name and send recorded delivery.

 

with smile you can send a sar this will cost £10 but you then can try and reclaim any unlawful charges back which may reduce the balance or pay it off:

 

The Consumer Forums - Bank charges templates (consumer)

 

letter 1 and this link gives you an indication on the next stpes and letters required

 

 

i believe the credit files are updated on a monlthly basis so until the default or settled marker has been there for 6 years then it will drop off

 

ida x

[zara_goza]

I got a few questions about the recovery of your credit status, while of a DMP. This is the situation, I'm under DMP which works fine, now some of the creditors have sold the debts into a new company, until then is ok, I'm up to date with payments, but I was wondering what happen with the default notices put on my file from one creditor, and then this creditor sells the debt into someone else. Does this mean that the 6 years where my credit record have the default notice, will count from the date that they sold the debt to someone else, making it actually that my credit status improve quicker? What happen with the new creditors, while I'm paying up to date to them, can they put default notices, or they just provide to the credit agencies, that I'm paying every month on time and there is not issues.

 

Other question is that some of my original creditors, which haven't sold the debt into someone else, are receiving probably more each month that what it will be the minimum payment, does this means that my credit status as before will recover quicker?

 

I hope make sense with all this.

 

Also I'm confused with the length of the time that the nasty marks stay in your file, is this 6 years after you clear your debts fully, or it is from the dates of the default notices, and the last missing payments?

 

Thanks a lot.

[liquidauctions]

Whoever buys the debt CANT default you, This is because with the original lender, there is a passage that states "We will pass details of your account activity to credit reference agencies" or something similar. When it gets swithed to a debt buyer that agreement does not stand. From the day the default was placed, Exactly 6 years will go by and the default will then get removed. After 6 years it will clean up no less

[zara_goza]

In that case, I need to contact a couple of the "new" creditors, because I got my credit report through equifax and there have done defaults without my knowledge and when the payments have been up to date. I have contacted equifax already about this, but I'm going to have a strong letter to these people.

[silverfox1961]

Hi, I have made some comments below in red

 

I got a few questions about the recovery of your credit status, while of a DMP. This is the situation, I'm under DMP which works fine, now some of the creditors have sold the debts into a new company, until then is ok, I'm up to date with payments, but I was wondering what happen with the default notices put on my file from one creditor, and then this creditor sells the debt into someone else. Does this mean that the 6 years where my credit record have the default notice, will count from the date that they sold the debt to someone else, making it actually that my credit status improve quicker? What happen with the new creditors, while I'm paying up to date to them, can they put default notices, or they just provide to the credit agencies, that I'm paying every month on time and there is not issues.

 

When a debt is sold, the new owner then replaces the original creditors name with their own BUT the date should stay the same. If the dates have changed then you must complain

 

Other question is that some of my original creditors, which haven't sold the debt into someone else, are receiving probably more each month that what it will be the minimum payment, does this means that my credit status as before will recover quicker?

 

If the account isn't in default then by paying more than the minimum payment won't make any difference. All it will say on your credit file is that payments are up to date. If the account is in default, nothing changes

 

I hope make sense with all this.

 

Also I'm confused with the length of the time that the nasty marks stay in your file, is this 6 years after you clear your debts fully, or it is from the dates of the default notices, and the last missing payments?

 

Defaults will fall off your file 6 years after default not last payment

Thanks a lot.

 

As mentioned above, if the dates of the default(s) change or a new default for an existing defaulted debt appears, you must take action. Too many companies are getting away with this

[zara_goza]

Well, working on the credit file that I got from Equifax, it seems to me that my credit record is in a bit of a mess with this debt buyers. For Example Egg Loan/Card have sold the debts to other companies. Egg Aparently got rid of my debt in Dec 2008, I got a default from them in Oct 2008, I started the DMP in Sept 08. The Loan was defaulted in Sept 08. Both accounts from the date of the default since to stop all together on the updates of file, and I'm sure I was paying for a few months if not years to Egg throught the DMP. Now here is when it gets interesting: Cabot financial aparently bought the debt on Nov 08 and guest what they defaulted my account and they have not even borther to tell me. Where do I stand with this.

 

Now Mint card decided to default me in Mar 09, I have not seen any letter of anything about this.

 

Now CL Finance took the debt from the Debenhams card, they were arrange through GE Money or something like that, I don't see anything about GE Money at all, not sure if this is good or bad news, but guest what CL finance decided to default me in Oct 08, which is when they took the debt and they didn't notify me. I only received the letters from them saying they were taking over, but nothing of default notices, and I passed those letters to CCCS, so they could re-arrange the payments to these creditors, and believe me I have been very good in keeping my payments since i started the DMP.

 

Anyone can put me in the right direction of how to tackle these 3 companies, and also any information about them will be appreciate, if they are known for doing this sort of things, and so on.

[liquidauctions]

So you where payin egg whilst they had sold the debt on? Refund chec the default notices for removal grounds

SAR cabot and check documents

SAR CL and check documents

[zara_goza]

I'm actually going through all my paperwork at home, I know I kept the letter when they introduced themselves. So I can check the dates against DMP starting date and so on. Thanks for that.

[zara_goza]

Interesting, i got a letter of arrears from Egg Loan dated Nov 09 and another one in May 10

 

Other interesting information is that in Dec 09, CL finance try to serve me a default notice, because they were adamant that I was not keeping with the payments under the DMP, but what they don't say it's that they decided to change the date on the payments should be arriving to them, without any knowledge to any customer. I complained and CCCS also did so, as I was not the only person on this boat, and I got removed the £12 the wanted me to pay and also never did a default, but then the previous one I even didn;t have knowledge of it.

 

I keep diggin, into paperwork, I may find more amunition.