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Hi I was wondering if any one could give me some advice on the following.

 

I currently have 4 Defaults on my CRF from Max Recovery 3 are my debts which I have letters for and 1 for £6960 which does not correspond to any of my debts.

 

I entered and IVA in April 2005 unfortuantly after a year my circumstances changed and I was unable to pay the IVA, I wrote to the company that was dealing with my IVA and told them i planned to go bankrupt and wished to end my IVA which they did, after some advice about going bankrupt I decided not to persue that route and would wait for the Debtors to contact me and try and arrange a payment agreement or settlement. Max Recovery now owned all my debts apart from one debt with Egg which was transfered to Fredrickson International which I pay through monthly Installments as they contacted me after the IVA had eneded.

 

I recieved 3 letters from Max Revovery/Eversheds in Aug/Sept 06 saying they now owned my debts and would contact my Trustee and it was not a request for Payment this was after my IVA had ended, not asking for me to repay them at all which I found stange at the time, to this day over 2 years later still no attempt to reclaim the debt, which im not compalining about. I only ever received 3 letters and there are 4 defaults.

 

The problem I have is they placed 4 defaults on my CRF, 3 in April 2007 and 1 in November 2007 over 2 years from the default date and a year from there last letter. the default date of april 2005 is stated on the defaults, I was looking into sending letters to Eversheds to request a copy of my credit agreement as from what I have read they do not reply and I can then go about making these debts Null and Void but am worried if I alert them to the debt they may be able to provide this information and the ask for repayment.

 

So I guess what I am asking should I contact them and whats the best course of action to take without them them chasing me for this money as if they do start to chase me for repayment I will probably have to file for bankruptcy or agree to may a monthly payment that will likely last till im 100, I know they will be removed after 6 years from the default date but thats still 2 and a half years away.

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Personally I would let sleeping dogs lie. If you prod them with the big stick of a CCA request they are going to notice that they haven't been chasing you and start asking for money. You are taking a big chance that either they won't have any paperwork or that any agreements which they do produce will be unenforceable. Also, not being able to produce an enforceable agreement does not mean that the debts go away, just that they can't be enforced through the courts, so you wouldn't get them removed from your credit file anyway.

Unless they contact you, leave well alone.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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