Advice required: on a DMP with Payplan but thinking of making settlement offers

[fletch70]

If the debts were prior to April 2007 then no agreement or a bad one would render them unenforceable.

 

I suppose it depends on how much you are paying and if you can afford it

 

Personally I would write to each one and say that as they are now in default of your lawful CCA request you will be stopping payment until they can comply with a correctly executed agreement and the other documents that are required.

If you can afford it put the money to one side to try and build up a war chest then if they come back in 3 or 6 months with the correct paperwork you can either make up the back payments or possibly have enough money to make lower full and finals

 

Make sure you start your letter with " I do not acknowledge and debt to you or anyone you represent"

[BRIGADIER2JCS]

What is the history of these debts what amounts are owing and have any been passed to DCAs for collection (other than BOS who are in house "pretend" debt collectors)?

 

 

Have you done a recent credit file check?

[mikeymack2002]

If you do not have the required documents within the time specified the you must stop paying, if they then find your agreements then you can start to talk about how to pay, this is not right they expect you to pay, when it is clearly at present unenforceable, why pay them when they may not even have the right to collect?

 

 

As dx100uk says no cca no pay

 

 

MM

[BRIGADIER2JCS]

Absence of the CCA does not affect the underlying liability to pay the debt, it remains payable and can be reported to CRAs.

 

 

The creditor/DCA may produce a reconstituted agreement to satisfy a sect. 77/78 request.

 

 

The debt may or may not be enforceable in court if a recon is supplied a judge would decide on the balance of probabilities.

[fletch70]

Absence of the CCA does not affect the underlying liability to pay the debt, it remains payable and can be reported to CRAs.

 

 

The creditor/DCA may produce a reconstituted agreement to satisfy a sect. 77/78 request.

 

 

The debt may or may not be enforceable in court if a recon is supplied a judge would decide on the balance of probabilities.

 

Even a UE debt that is irredeemably UE or statute barred still exists under English and Welsh law. As you are in a DMP then I would imagine all the debts have been defaulted anyway.

 

Yes we know that a recon can satisfy a S77/78 request but it is after all only an information request. Usually for a pre 2007 agreement the lack of a signed agreement does mean they can not enforce. The recent case where that was not so was down to a thoroughly unreliable witness. (Who sits in a hearing when your wife testifies and then says they weren't listening?) Arrow global v Frost Bristol County court

 

 

The above reasons are why I suggested if possible saving the money you were paying so that if they come back with anything concrete you can either catch up payments if needed or maybe make reduced full and finals

[mikeymack2002]

Since the CCA request has been received did it have the full terms and conditions with it? Also any amendments included?

 

 

MM

[dx100uk]

as your CCA replies appear

 

start a new thread for each one in the named bank forum off the main forum tab.

 

who is your DMP with

 

how LONG have you been in it?

 

all three of those DCA are WELL KNOWN for cash cowing people.

 

pers i'd be stopping payment to them ALL bar p'haps RBS

 

and stopping the DMP totally.

 

dx

[dx100uk]

old and new threads merged

 

I see you've already been given much of the repeated advise already

 

please keep to ONE THREAD

 

till you start getting the CCA returns.

 

dx

[BlueEarner]

Hi there,

 

Firstly, the advice on this site has been fantastic, and saved me a lot of time and money so far!

 

Currently, I'm with PAYPLAN DMP since forever.

. 10 years plus Come January

 

 

I'll come into a little bit of capital which I would like to use as ammunition for full and final with some of my creditors.

I figure this is a 'fast track' way to reduce debt (but only if one has the funds, right?)

 

I've done this before, way back, with a company that offered me 60% reduction. Equidebt.

Regrettably back then I didn't know about CCA requests.

So that was wiped out albeit after paying 40%.

 

I still have a list of creditors, being drip fed on my DMP.

Cleared a couple away with successful CCA reqs thanks to this website.

The creditors admitted they had nothing and offered a clean slate.

A bigger debt of mine, with RBoS, sent me the original CCA so fair do's!

 

I'm living abroad in Asia,

but manage to keep in track only just,

give or take a few weeks delay in the post.

Unfortunately I've missed my monthly payments the last 3 months,

but like I said I've got capital coming in this jan.

 

So would the best approach here be to start with f&f's?

 

Many thanks in advance

[dx100uk]

so you've sent a CCA request to everone

 

 

and you've done all the reclaiming of PPI etc you can?

 

 

please list your debts

 

 

dx

[dx100uk]

old and new threads merged on the same subject yet again.

 

 

dx

[BlueEarner]

Hi

Apologies, I posted a new thread but then it appears on the back of my old ones!

 

Current creditors are:

HSBC (overdraft)

Lloydstsb (overdraft)

Lloydstsb (credit card)

Barclays Bank (credit card)

RBoS (credit card)

Student Loans

 

I've not CCA'd these as I read somewhere there is no point with banks n credit cards?

No PPI that I'm aware of. Would there be PPI on OD's ?

All debts are now in hundreds not thousands, except good old Student Loans from 90's, and BoS.

So far I've paid 21k on my DMP over the years.

 

Thanks

[dx100uk]

the od's you cant CCa

the rest you can.

 

 

might be worth a try

 

 

even if with the oc's still.

 

 

dx

[BlueEarner]

Oh? Ok. I'll do those then.

 

Then the next stage, with whatever is still outstanding, would be to make offers?

[BlueEarner]

Just a thought - these credit card debts have not been passed on to any debt collection agency. So the debts are still with the original company. I would imagine they hold the CCA's - one has to sign them to get a credit card in the first place?

[dx100uk]

for £1 its worth a punt.

 

 

cant be too much left on these?