Hi everyone,

been searching through the forums looking for answers to my debt worries, my head is swimming with information.

My story starts approx six years ago when due to ill health of my partner I gave up work to look after her,

unable to feed herself or do just the basic things that you and I take for granted,

our lives changed rapidly for ever and with this came the debt worries so I was able to freeze the interest six years ago and begun paying the nominal £1.00 for each debt every month.

Slowly but surely this year most of our creditors have dropped off the credit files with me having just two left that come off in May 2018, and my partner has just one left.

Could you advise on this:

1.My partner's credit file shows just one creditor left on her file but there is no default date, therefore, I assume it will stay there for ever unless settled.

it is shown as being owned by a DCA. and not the original creditor. How do I proceed to get it removed?

2. Assuming that all the creditors are gone from our credit files ie all older than six years do we continue to pay the £1.00 for ever to the DCA's or can I stop, I have never missed the payments with the DCA's are the debts un-enforceable now?

we have no CCJ or been to court I presume because of our circumstances.

I thank you in advance for your help.

1) is this because of the £1 payments showing it as an account as still live and not defaulted ? Did the original creditor ever issue a default notice ? Suggest you contact the original creditor to ask for details of the default notice issued and then ask the DCA to amend the credit record with the default date. Once the correct default is noted, it will drop off after 6 years.

2) paying the £1 nomimal payments just extends the enforceable period in regard to statute of limitations. If you stopped paying, then whoever owned the debt could apply for a CCJ. Dropping off the credit record does not mean it has gone away. If a CCJ was obtained that can be added to the credit record.

I think you should list brief details of the debts e.g. Original creditor, type of debt e.g credit card, loan type, current account, month/year approx when the original account was taken out, approx amount, who owns the debt DCA or OC and when last payment made. With this info you can get more advice.

list your debts please

what type of credit

who was the original creditor

who you pay now

outstanding amount

I suspect they are now unenforceable anyway.

Thank you for quick replies,

I will go away now and compile an up to date lists of debts,

can you confirm,

what is the difference between statute of limitations and unenforceable,

I have always paid the £1.00 to all of the creditors I am unable to go down the statute of limitations route,

what is the unenforceable route,

what does it really mean?

ever asked whom you pay if they have a copy of the agreement you signed ALL those years ago.

sorry but this smells of Cash cowing by the DCA's to me

they ARE NOT BAILIFFS!!

Thank you for quick replies,

I will go away now and compile an up to date lists of debts,

 

 

can you confirm,

what is the difference between statute of limitations and unenforceable,

 

 

I have always paid the £1.00 to all of the creditors I am unable to go down the statute of limitations route,

 

 

what is the unenforceable route,

 

 

what does it really mean?

A debt can be unenforceable for a number of reasons e.g. The debt owner can't comply with a request for a copy of the CCA. There might be issues with the way the original creditor dealt with you.

List your debts first and then we can start the process.

Shockingly I don't know who owns all these debts they are just s/o out of the banks to different companies. Should I stop them all and wait for the letters?

Partners Debts are:

3000.00 HFC BANK OWNED BY UNKNOWN

1200.00 JOHN LEWIS OWNED BY JOHN LEWIS

5000.00 HSBC CC OWNED BY RMA RESOLVE

7200.00 BARCLAY CC OWNED BY CABOT

3000.00 AMEX CC OWNED BY AIC

2000.00 VIRGIN CC OWNED BY METROPOLITAN

MY DEBTS:

12982.00 BLACK HORSE OWNED BY TBC

5773.15 SAINSBURY CC OWNED BY ARROW GLOBAL

2500.00 VANQUIS CC OWNED BY TBC

1060.00 NATWEST BANK OWNED BY TBC

900.00 AQUA CC OWNED BY TBC

300.00 ELEPHANT INS OWNED BY TBC

250.00 T MOBILE OWNED BY TBC

Check your credit records to see what is on there. Your Bank can supply you with details of the S/Os you have set. The companies you are paying should be sending you statements at least once a year.

Come back once you have more info.

It would be a big help, if you supplied info on when roughly you took out these accounts.

Don't stop payments yet or you risk getting into trouble e.g CCJ's.

All these accounts are over six years old and have been sold many times, that's why it's so confusing I can see from the bank accounts who is getting the money but I am unable to identify what it relates to.

then IMHO stop ALL payments NOW

you'll soon get the fleecers sending deforestation through your door

and then we'll deal with each one as they come.

who is TBC?

to be confirmed lol

wasn't sure thought so.

can I just check something else

were all these debts taken out whilst you two were resident where you are now?

yes, we were both working and had excellent credit ratings, until my partner fell ill that's when it went wrong.

ok good so no fleecer can go for backdoor CCJ's.

well i'll stick with what I said above then.

stop payments to everyone no matter who they are on that list of debts you've put up.

wont hurt you nor them.

then you'll be able to get a grip on who actually thinks you owe them money

and put them to strict proof.

once you start getting the world forest through you do door

pop up here..

one VERY IMPORTANT BIT OF ADVISE

DO NOT ANSWER THE PHONE TO ANY OF THEM

IF THEY DO RING SIMPLY STATE WRITING ONLY

PUT THE PHONE DOWN.

you are under NO LEGAL OBLIGATION WHATSOVER

to speak about your debts over the phone

nor at your door.

golden rule two.

A DCA IS NOT A BAILIFF

they have

NO SUCH LEGAL POWERS WHATSOEVER.

dx

Evening guys,

all s/o now cancelled and we await the forest to land through the post box,

in the mean time I've been doing more reading here and need to understand the procedure,

if I am right who ever writes from the DCA's I then send them a CCA request and wait for their response,

if no CCA then no pay.

In the mean time, I have studied the credit reports,

interestingly the only one on my partners is Cabot financial but there is no default date on it and suspect that is an error, is it possible to get it corrected?

Thanks in advance...

you'd need to write to the ORIGINAL CREDITOR re the default.

i'd not blindly go replying to any letters till we SEE THEM please

.

Morning everyone, so finally Epping forest is starting to arrive through the letter box. I am now sending CCA request to DCA's. any advice please.

can we see the letters please first before you do anything.

start a new thread in the forum of the name of the original creditor

off the top left main forum tab.

scan the letter to PDF and upload it

I do not know who the original creditor is and it is not mentioned on the letter hence CCA request.

Heres the first letter that I have recieved.

1st missed payment.pdf

Is this not the sainsbury card

Check the balance they are after against that list above

I think your right

check their ref numbers with what you know

Hi guys, received this, what would you do?

respnce to cca request.pdf

ignore

they don't own the debt

until/unless the owner responds with an enforceable agreement and we see it

if 12+2 working days have expired you could stop payments to them.

they are asking you to lend them the rope so they can hang you.

If you dont respond they are stuck without a clue as to whether they have a good or bad debt

and want you to tell them everything so they can add it to their file and then claim they knew that all along.

They have a fixed time to either put up or shut up and they know it.