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    • Hello   I agree with dx100uk.   Send them a CCA request which is a request for them to produce the original agreement that gives rise to the debt.  They have a limited amount of time (I think around fifteen days) to send you the document.   Here are the possible follow-ons from that:   1. They don't respond within 15 days and so you are legally entitled to stop paying until they do send a response. 2. They send a letter saying they have gone back to the original creditor to ask for the document and they need more time.  You (legally) stop paying after fifteen days and don't pay them again until they send proof. (This is the most likely first response as they wont have any of your documentation as they bought your debt as part of 1000 others on a spreadsheet on a CD ROM or USB stick). 3. They send you something that looks like a contract or which might be something else that they want you to think is the contract within the time frame.   After either of the above  whatever they send you should be referred back here for an assessment as they will often send you unsigned documents or made up bits of nonsense.  Even if the contract turns out to be the genuine one it still might not be enforceable due to errors made by the creditor at the time of signing.   The only potential downside to the above is that they could try to damage your credit record but probably it is as much damaged as it can be by this debt already so nothing else they can do will make it worse.   Following on from the above you can continue to not pay them.  I would setup an on-line savings account and pay yourself the money instead which has the advantage of creating a resource in case you need to resume payments in the future.   They may send you further letters either inducing you to resume payments by threat or by offering you a deal.  If the document is not valid then the only deal you need to take is the one you unilaterally entered into at T plus 15 days when you agreed with yourself not to pay them another penny.   It is not impossible that they will send you a letter saying the debt is unenforceable (miraculously I have actually seen one!) and asking you to pay anyway which you will of course ignore as you should not be giving any member of this low life industry any encouragement.  
    • I agree and I've no doubt that will happen in the future, but if a court claim is issued and a ccj successfully registered against the debtor then it will never be sb anyway, so are we more likely to see more court claims in the future ?      Can it not work both way though, if the sb date is ultimately aligned to the date of the default notice, essentially giving the creditor 6 years to collect or issue a court claim then regardless of when the debt was last acknowledged / payment made, a debtor could just tell the creditor to eff off after the 6 years is up, figuratively speaking     
    • Received acknowledgement of defence submission from court. VCS now have the option of continuing their claim or not. Watch this space !!!!
    • Yes it doesn't work HB  In Wales someone needed a test on a Sunday, the testing station at Llandudno Hospital was closed, so they could either go to Manchester, 75 miles, or Cardiff 200 miles and a 10 hour round trip.   But as Manchester is England no guarantee on getting test results.
    • Hi, Few days ago my car was taking by Tower Hamlets for parking in a single yellow line. The contravention time states in the PNC from 10:50 to 10:56. Is it possible that they can take my car just for 6 minutes contravention? Is possible that due to the COVID-19, I can challenge that PNC? My neighborhood is always full of cars and there are not enough parking spaces, so everyone parks in a single yellow line if there is not any parking spot available. I do not hold a parking a parking permission. I was not able to apply for it due to the covid.  Any help? Thank you very much.
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Hi Everyone.

 

First post but been reading for sometime now.

 

I have just recently sent off letters to our creditors offering pro-rata payments.

 

I have yet to hear anything from them? Does anyone know how long it take for our creditors get back to us?

 

We currently owe around £29000 to 13 creditors (cc, loan and overdraft) and have not as yet defaulted (some late payments - usually paid within 15 days of requested payment date though).

 

Does anyone know if we are likely to be accepted for a DMP? The remaining income we have left each month and are able to pay towards our unsecured debt is approx. £116 and like I mentioned I have offered payments on a pro-rata basis.

 

Thanks for reading and any advice would be great.

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Hiya and welcome to cag:

 

If you have made an offer of payment them just make the payment on the dates and continue to do so until you get something back from them.

 

Then when you are ready have a read around the various forums on ways to help 'reduce' the debt.

 

Loans and cc's:

you can send them a request to check your original agreement and see if they have the relevant paperwork to collect on any alleged agreement. If they do not have a valid agreement then you could withold payments, if you wanted, or this would help you make an offer of massively reduced full and final settlelemts to get rid of them.

 

cc's and overdrafts:

 

you can try and recliam any charges on these accounts to help reduce or clear the amounts, read around these forums of what the process is:

 

http://www.consumeractiongroup.co.uk/forum/#consumer-forums-center-bank

 

a dmp is only the same as what you are doing but at least gives you full control

 

Ida x


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Hi

 

Thanks for your reply. I have just set up standing orders to pay the pro-rata payment I sent to them.

 

I will draft a letter in the next few days to request our credit agreements and fingers crossed some may not have the documents and we in turn can offer a reduced F&F.

 

Thanks once again for your help and I will probably have may questions throughout this 'journey'

 

Lampies

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No probs just shout there's always someone about

 

idax


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Hi

 

I agree that doing your own dmp gives you more control, however it does not always take the pressure away.

If you have at least £50 surplus, you could by all means do a dmp through a company, and they will pro rata your monthly payment and distribute this to all of your creditors on your behalf. The company would deal with correspondence and any legal action on your behalf, and would be able to negotiate with your creditors to freeze interest. DMPs with CCCS and Payplan are free of charge and funded by creditors. xx

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Hi Loobyloo

 

Thanks for your reply.

 

I had thought about going with CCCS but once I had everything down on paper I felt confident enough to do it myself.

 

If at anytime it gets too much I suppose I could always contact a debt charity. I did do the debt remedy online with CCCS and got great pointers from this forum and others.

 

Fingers crossed I don't have too much of a bumpy ride and things work out ok for us:eek:.

 

I will keep everyone updated with my progress.

 

I have a list of things to do today like request CCA and I am also in the progress of reclaiming PPI insurance from our credit cards - 1 success so far so hopefully more will come and help us tremdously (sp?) with our debts.

 

Thanks again for your replies.

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Hi

 

Rather than start a new thread I'm hoping somebody could answer a quick questions I have.

 

I am looking for the cut off date as to which I can request a CCA. I thought it was April 2007 but I have read somewhere (can't remember where!?!) that it is actually 2006. I have searched the forum and can't seem to find anything.

 

Can anyone clarify this for me?

 

TIA for any help.

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