Can someone please offer me some advice on ths matter please,

i have some registered defaults on my credit file from credit card companies for the last 3 years,

i am in a dmp with payplan with who i make a token payment to all companies as i am unemployed.

I have written to all card companies asking for my cca,

some have replied that they cannot find any paperwork and that the account is unenforcable,

and others have said they cannot find the cca and will suspend payment to the account until the cca is found.

1, what is the position on this, do i carry on paying them or just stop until they find the paperwork,if they ever do?

2, if they dont get back to me until after the 6 year time period for the defaults has elapsed, and the defaults are removed , what then?

3,if i was to be given a cash sum to make an offer of a f+f payment to all

is there any benefits to pay them off now,before the 6 years, if accepted,

or just keep paying the token payments until the 6 years has passed and defaults are removed anyway,

am i still liable to keep paying after the defaults are removed, until the total debt is repaid,

as at this rate it would take me 25+ years to clear with the token payments,

i make to them.

THANK YOU FOR ANY ADVICE ON THIS MATTER

Hi

Not 100% sure, but I think if you stop paying the creditor, your dmp will be pulled by payplan. (I'll take a look)

If it was me, I'd deal with it myself and drop all the companies that cannot supply the paperwork you requested.

May also be worth reclaiming charges and PPI.

Jogs

why not comeout of payplan and do it yourself

or come out

get rid of the debts from the other plan and do a new one with CCCS?

defaults AND the whole account willl vanish on the defaults 6th birthday, regardless if you pay or not.

those with no valid CCA IMHO you should stop paying.

and yes get reclaimingf

how old are these debts?

dx

Thanks for the replies,

why move to another dmp with someone else,

what would i gain,

all debts are about 3 years old,

there are 4 companies from about 10,

at this moment in time that cannot find the cca paperwork,

3 with dca,

1 with original lender (coop),

who only registered late payment on my file.

As i asked previously ,

what if i don't pay because of no paper work what can they do,

as i have admitted liability to the debts,

do all debts finish after 6 years paid off or not when the defaults come off in another 3 years.

no the debts do not 'finish' if they fall off they still exist.

as for the ones with no CCA, you are entitled to freeze payment till they produce one.

dx

I am looking for some advice please,

i am on a dmp with payplan which i started 3 years ago, all my debts are unsecured credit card debts,

i cca'd my account holders with my £1 postal orders last feb after reading about this from the forum,

some of which are now debt collection agencies, as my original lenders have sold the debts on to them,

what i wanted to know is the ones that have come back and said that the original lenders have not been able to supply the paperwork when asked for it,

can they turn up with the paper work some 6 months later to make the account enforceable,

as one is trying to do now i have made them a f+f offer,

as they are also are saying they will get the relevent paper work soon,

and sorry for the delay some 6 months later,

and remind me that they can get a charging order on my house as well, against the debt,

i was lead to believe when you ask for a cca report with your £1 fee they have 12 +2 days to supply it to you,

or the account becomes unenforceable.

I am still paying all my creditors who have or have not supplied the paperwork,

but the ones without the cca paperwork i was going to make low f+f offers to,

as i assumed the 12+2 days time limit had passed, and the debts became unenforceable,

is this correct or can they turn up with the cca paper work and make the account enforcable at any time in the future.

Non compliance of an s78 request prevents them from obtaining judgment. They shouldnt even think about issuing a claim until they have.

Just because they find paperwork for an s78 doesnt actually confirm they have the original or that the paperwork they have supplied is "enforceable". If there are contractual errors on the agreement then they might still have an uphill battle. Although this will only be for agreements entered into prior to 2007.

Did you receive for each of your requests.

Copy of agreement or reconstruction

Statement of account

terms and conditions from both the time of signing and at time of default ?

If not, they have not complied with your request fully.

no i have not recieved all that you list from any that i requested cca from,

some just sent a copy of a agreement of the time when card was taken out , not signed etc,

some a signed copy of the terms/agreement when the card was taken out,

but none have sent statements from the time of signing or at the time of default,

most cards were taken out before 2007, and all went into default in/ around 2009.when i started with a dmp.

can dca or original lender turn up with the cca paperwork after the 12+2 days time deadline?

of a cca request to make a account enforcable or not?

If at ANY time an enforceable agreement is produced after a CCA request then action can be started, unless in the mean time there has been no payment or explicit written admission of liability in 6 clear years which means the debt is statute barred.

just to update my last post, and ask for more clarification advice,

a creditor has come back with acceptance of my f+f offer,

and has said it will mark my cra with a update to reflect a partial settlement was accepted on this account,

is this ok ,

as it also says no further action will be taken in respect of the remaining balance,

all my accounts have been on a dmp for 3 years since they entered into default in 2009,

are there any benifits to me in paying this debt off now, over just paying my agreed amount for the next 3 years ,

when all the debts fall off my cra flie or so i believe,

as it has been 6 years since defaults were first registered ,

is this correct?

or do they fall off but i am still liable for my debts until cleared,

as some dca will not accept my f+f so my debts with them still stand,

and defaults will still be on my cra file for the next 3 years.

The defaults will drop off but the debts will continue to be reported; the debt will not drop off until 6 years after the account is closed. In the current climate you won't get better than a Partially Satisfied but keep the letter of agreement and proof of payment safe as you may need it in future years. You would be best to start a new thread for each of your debts with the history. As for F&F not being accepted, did you use the template letters on here or on the National Debt Helpline to formulate the offer?

Once a debt reaches the 6th anniversary of the default ALL defaulted dabts a removed at this point paod or not.

Hi Brigs,

does the account stop being reported, even if it in an AR then?

Yes all default entries come off paid or not,recently had discourse with the ICO in regard to creditors/DCAs replacing an expired default entry wit an AR marker the consider that this in not allowable as it places the debtor at a disadvantage compared to one who has made no effort to pay.

OK, thanks, that's good to know. I am embroiled in a battle with one of my creditors at the moment concerning this issue, as one who is paying, having been placed at a significant disadvantage to one who does not...hope to have it resolved soon but in this game, who knows...

Don't let them get away with it if they wont remove the default and or insist they must report the AR just phone the ICO for the answer.

No, that's the point. They haven't defaulted me...so the account will continue to be reported as AR long after all my other debts have dropped off...

What a bu**er BBNB, can't think what to suggest.

Its OK; I have it in hand (I think). If successful I will advise in due course.

just to recap, are you saying that if i did not pay a f+f now, and just kept paying my dmp for another 3 years when the defaults drop off my cra file, i wont be liable for any more payments, as the debt also stops, or do i still have to keep paying the debt until cleared, it is just the default comes off my record.

no the debt still exists.

Hi all,

I am looking for some advice in the best way to proceed with my debt problem,

I started a DMP with Payplan in 2009 with unsecured debts of over £65k in total

from various credit cards over a 10+ year period before 2009

inc a £20k unsecured personal loan of about 5 years paid,

I had made regular payments without missing a payment to all,

but could no longer afford payments after c/c companies kept upping the interest rates,

and stopping 0% balance transfer rates etc then i lost my job in the crash,

I have paid Payplan and not missed a payment since i started DMP in 2009,

i still owe around £48k debt

i own my own house by recently finishing my mortgage

and own my own car which Payplan reminding me about, i could lose.

At the start of my DMP i did sent most c/card companies a CCA which seemed to come back ok,

or copies of the agreements, which i was told are ok

i did not PPI any as i did not take out any PPI at the times

and used to look at my statements to make sure it was not added on as a payment on there.

Also as i am not paying any interest on my repayments through Payplan

i also did not want to rock the boat, and upset c/c companies

as i heard that some become agitated and start charging interest etc if you PPi them etc.

Payplan keep wanting to put me onto a IVA as they say i will be debt free in 6 years and it will protect my assets,

which a DMP does not

i will take 15+ years to clear on a DMP,

i have checked my credit report and only my overdrawn bank account is still listed on there,

as it did not go into default at the same time as the other creditors registered a default on my accounts, but 2 years later,

even though Payplan made payments to them for 2 years before they registered a default,

i still have this listed on my credit file until next year it seems.

1.Payplan tell me that after i paid off all my debt it will be another 6 years after before the defaults are off my credit file,

but this does not seem correct as most seem to be off my noodle credit file now.

2.Do you think a IVA is the best way forward as i did not want to go this way

as i seem to get asked by lots of companies now if i have/had a IVA even potential employers etc

.or are Payplan after a commision to set up a IVA.

3.Most of my original debts have now been sold off, mostly to Cabot- 25k,

my personal loan is still with tesco -10k,and

1 sold to Link -5k,

Hbos bank account -1.5k,

DL collections -5k,

Capitol 1 -1k, originally all unsecured debts.

4. What do i do for my best plan of becoming debt free and trying to rebuild my credit rating,

i was thinking of maybe offering 10%-20% of my total debt as a partial repayment to the companies

if i can go cap in hand to my family and explain my situation which i have hidden from them,

as i have paid off some companies 15% settlement in cases of 1K figures in the past

to clear off some some years ago but now i get offers of 50-75% payments from companies.

5,I think i read that after 6 years the debt is taken off your credit file

but you are still liable for all the debt until it is repaid

or companies can still come after you in the future if you stop paying

or you have assets etc making sell them to pay off your debt,

i just want the best safest way to clear this with the least hassle

and worry that i had before Payplan helped me.

Sorry for the War and Peace,

Any advice on this please.

Thanks

First thing... Did you and have you ever checked if any of your debts are actually enforceable? Payplan wont. the fact that nobody has chased you for around 17 years on some debts makes me seriously think your ebeing well and truely cash cowed.

Youre also getting huge discounts which again makes me think the debts arent enforceable and your ebeing cash cowed.

Can you list ALL your debts along with who is chasing them. be it the original creditor or DCA. We can then advise the next step for you to take.

You also mention cabot. I can almost guarantee that the debts to that company are NOT enforceable and theyve been milking you dry.

Theres a very high chance that you dont owe ANYONE a penny and some might even owe you.

Hi

I have listed my debts and to who in question 3. what do you mean not unenforceable? they were unsecured credit card purchases and a unsecured personal loan apart from a 2k overdraft bank account,

is the listed creditor names i mention in q3 sufficient to who/what i owe for you to help,

and can you explain how i check to see if debts are enforceable please.

as i don't know what i need to do by this,

as i said all my debts are unsecured c/cards and a personal loan, if this helps my case..

thanks for any help you can give on this

 

i own my own house by recently finishing my mortgage

and own my own car which Payplan reminding me about, i could lose. - oh really - doubt it - its paid for?

 

Payplan keep wanting to put me onto a IVA as they say i will be debt free in 6 years and it will protect my assets,

which a DMP does not - no don't!

 

i have checked my credit report and only my overdrawn bank account is still listed on there,

as it did not go into default at the same time as the other creditors registered a default on my accounts, but 2 years later,

even though Payplan made payments to them for 2 years before they registered a default,

i still have this listed on my credit file until next year it seems.

 

 

- then when that default goes your score should be almost perfect

and no they cant come back

 

1.Payplan tell me that after i paid off all my debt it will be another 6 years after before the defaults are off my credit file,

but this does not seem correct as most seem to be off my noodle credit file now. - wrong a defaulted account is removed after the defaults 6th birthday

regardless to payment or not being made.

2.Do you think a IVA is the best way forward as i did not want to go this way

as i seem to get asked by lots of companies now if i have/had a IVA even potential employers etc

.or are Payplan after a commision to set up a IVA.- no way!

3.Most of my original debts have now been sold off, mostly to Cabot- 25k, - CCA REQUEST ON EVERY DEBT THEY HOLD

 

my personal loan is still with tesco -10k,and little point in a CCA request

1 sold to Link -5k, - CCA REQUEST

Hbos bank account -1.5k, little point in a CCA request

DL collections -5k, - CCA REQUEST

Capitol 1 -1k, originally all unsecured debts.little point in a CCA request

 

4. What do i do for my best plan of becoming debt free and trying to rebuild my credit rating,

i was thinking of maybe offering 10%-20% of my total debt as a partial repayment to the companies

if i can go cap in hand to my family and explain my situation which i have hidden from them,

as i have paid off some companies 15% settlement in cases of 1K figures in the past

to clear off some some years ago but now i get offers of 50-75% payments from companies.

[ no please don't blindly ever go paying debts off.

5,I think i read that after 6 years the debt is taken off your credit file

but you are still liable for all the debt until it is repaid

or companies can still come after you in the future if you stop paying

or you have assets etc making sell them to pay off your debt,

as above

i just want the best safest way to clear this with the least hassle

and worry that i had before Payplan helped me.

 

Sorry for the War and Peace,

 

Any advice on this please.

Thanks

have you got a comprehensive list from PP upon who you pay and what?