Stopping Payments to Stepchange and going it "alone"

[Guest]

was an arrangement/variation in place prior/in time before poss recording of a default? if so, it may not get defaulted, unless the arrangement is subsequently defaulted. according to that ico guide.

[blondiegirl]

PLEASE could someone advise whether I can get an 'arrangement to pay' changed to a default and backdated??

 

In an attempt to get our lives back on track,

we went through a debt management company 6 years ago.

 

 

We have paid back thousands over the years and I was thrilled to see the defaults are now no longer reported on - hooray!!

 

 

But! There are 6 other a/cs which are still as AR or DM on our credit files.

 

 

Given that it will take us probably another 10 years to clear these debts,

then another 6 for them to be reported on,

we'll be approaching retirement before we can begin our lives. I

 

 

don't understand why the accounts weren't defaulted in the first place

- which seems a much better option if the DF effectively disappears!

 

I did at one stage send recorded letters asking for proof of my signature to all the companies to try and get the debts written off, but got nowhere.

 

I haven't signed anything with all these debt collection agencies, some of them send me arrears notices.

 

I suddenly got some hope back when I realised things seemed to be changing 6 years on,

but it's not. I am desperate and don't know what to do.

Surely they should have defaulted me????

[renegadeimp]

Why are you paying a DCA? Have you CCA'd them and checked if the debt is legit and enforceable? Any penalty charges you can reclaim?

[blondiegirl]

We went through the CCCS/StepChange over 6 years ago out of sheer desperation

and they seemed to give 'good' advice,

 

sorted out a paymenct we could afford etc etc.

 

What they didn't ever advise on was how this would affect our credit rating FOREVER!

 

I did send lots of letters a couple of years ago to see if the debts were unenforceable but go nowhere.

 

I could CCA them again, but I fear the same response.

 

I don't know about penalty charges.

 

I know we had fee after fee added

 

I just don't understand why I'm being punished for doing the right thing.

 

I wish they'd all defaulted us and I don't understand why

- surely we did default??

 

Thanks for your reply

 

I don't remember exactly where we were, but it was all pretty much the same with all the accounts

 

I remember getting default notices from Halifax only.

 

Interestingly, of 3 MBNA credit card accounts, 1 is no longer being reported on.

[theoldrouge]

I did send lots of letters a couple of years ago to see if the debts were unenforceable but go nowhere. I could CCA them again, but I fear the same response.

 

so what responses did you receive to your cca requests?

[blondiegirl]

I didn't get anywhere.

 

 

I had a couple of photocopies with my signatures on which i think was think was the Halifax,

who then defaulted me (which has now gone from my credit file).

 

 

I remember at the time thinking it was a waste of time;

maybe some letters telling me I was liable etc etc.

 

 

I chucked the whole lot out a year or so ago.

 

 

I am so angry at the CCCS/Stepchange

[theoldrouge]

it would be helpful if you listed each account, start date, current status, and who now owns each account

[blondiegirl]

Ah OK, I will do. I do remember reading that there's no point in doing the CCA on a debt that I've been paying for years. I can hardly dispute it, can I?

[theoldrouge]

Ah OK, I will do. I do remember reading that there's no point in doing the CCA on a debt that I've been paying for years. I can hardly dispute it, can I?

 

you certainly should

[blondiegirl]

But I was advised by someone on here that no judge would rule an account unenforceable when I've been paying it for years. Also, with the fees that the credit card companies added, they are over 6 years old so I didn't think we could claim them. So I don't know what to do. I can't get an AP taken off my credit file. So what's the point?

[dx100uk]

threads merged.

 

the AP 'marker does not actually appear in the debt summary line

which is sometimes

the only part used by future creditors.

 

the bottom line here is you fell into the usually trap

you started to pay your debts off too quickly

 

a defaulted debt drops off the file paid or not

when the default reaches 6yrs.

 

doesn't make the debt not payable mind!

 

lets see you list please and which ones are marked AP

 

old thread merged as well

 

why did you not sort this 2yrs ago

 

you could of done it then!!

 

but the ICO have changed their guidelines

 

you don't stand much of a chance now

[blondiegirl]

I know I have to keep paying, which is fine, by the defaulted accounts no longer show which is great. But not great with 6 AP which I had no idea would be so bad.

great

 

the AP 'marker does not actually appear in the debt summary line

which is sometimes

the only part used by future creditors.

 

the bottom line here is you fell into the usually trap

you started to pay your debts off too quickly

 

a defaulted debt drops off the file paid or not

when the default reaches 6yrs.

 

doesn't make the debt not payable mind!

 

lets see you list please and which ones are marked AP

 

dx

 

Thanks for the 'help'. I couldn't do it 2 years ago because I'd just had a baby. We were/are broke and it was all too much.

 

I was desperately trying to get the CCAs sorted and couldn't. I now feel completely hopeless for your 'you don't stand a chance'. Thanks

 

why did you not sort this 2yrs ago

 

you could of done it then!!

 

but the ICO have changed their guidelines

 

you don't stand much of a chance now

 

So I have no hope of changing APs or DMs on my credit file?

 

I may as well just stop paying now and get defaulted which would be a quicker way (another 6 years +)

of getting my credit file back on track.

 

So I can't send a letter asking them to remove it because it's unfair and disadvantages me??

 

So nothing will change?

 

I don't see what I can do then.

[dx100uk]

no sadly neither do I.

 

 

I would suspect that the original creditors were the ones that owned the debts

when you started with CCCS?

 

 

you could try a pleading letter to each OC asking them to kindly retro place a default on the account as

you think it is unfair you are being disadvantaged compared to the 'no pays'

 

 

might work?

 

 

 

 

dx

[blondiegirl]

Yes,

the original creditors were owned the debt at the time we went through the 'wonderful' CCCS.

 

 

The debts have since passed through numerous DCAs

 

 

I don't really know who owns them now.

 

 

Are there any reputable financial solicitor type firms who can advise on individual circumstances does anyone know?

 

 

I can't stay in this mess until retirement having put life on hold since my 30's.

 

 

I read lots of success stories and I would like to be one!

 

 

All I've done is followed advice from the CCCS who have in fact made things worse!!

[dx100uk]

the problem with ANY DMP company charity or fee paying is

THey NEVER check the enforceability of a debt

they just take it 'on spec'

that you actually owe the money.

 

this is where HDL come into their own

as at least they do suggest a few CCA requests!.

 

if this were ME.

 

I'd stop paying the lot

 

await the forest to come through your door.

 

then start a thread for each one and we'll deal with them on an individual basis.

[blondiegirl]

I find that a bit scary!

 

 

I can't see the wood from the trees ha ha.

 

 

We can't move,

we can't even rent elsewhere and get a buy-to-let on our house to rent out now.

 

 

I just want to be able to repair our credit file which I can't see happening.

 

 

What are the repercussions of suddenly stopping paying these DCAs??

 

 

What can they do?

 

 

How would that help me?

[renegadeimp]

Most dcas cant do anything. Thats why you need the full facts of each account. Then you can make your next move.

[blondiegirl]

Surely they could chase a debt and put a charge on a property?

 

How do I get the full facts of each account? What am I looking for?

[renegadeimp]

You cca the dca and sar the oc.

[dx100uk]

an sar to to the original creditor

 

 

a CCA request to every one you are paying a debt too.

 

 

where are you getting this charging order worry from?

 

 

gotta admit it almost sounds like you've been talking to all these people on the phone?

 

 

dx

[blondiegirl]

Thanks So a CCA from the DCA would say who owns it?? And what would the SAR get me from the OC? I'm not sure what I can achieve?

[renegadeimp]

A cca is a request to see if they hold the required paperwork needed to collect a debt. Almost all dcas do not hold it which is why they say they are referring back to the oc.

[blondiegirl]

I haven't spoken to anyone.

 

I was advised on here that no judge would consider a debt unenforceable that I've been paying off for over 6 years.

 

I have requested all the CCAs and got some signatures, and some blank forms stating that this is all they're obliged to provide.

 

So trying to get a debt unenforceable now doesn't seem likely.

 

And I'm assuming that if I stop paying the CCCS and no longer make any payments,

 

the DCAs in are going to come after me, and at some point demand money

- the only 'money' we have is the equity in the house

- couldn't they try and get this?

 

thanks

[renegadeimp]

That advice is flawed. Get cca requests off to everyone wbo is chasing you. Keep paying for now until they fail to respond d within the proper time frame.

 

 

I have a feeling you are being cash cowed here

[blondiegirl]

Sorry to sound thick - what does cash cowed mean? I'll request the cca's from the dca's we pay. Is there any point with the ones who have defaulted me because they're not being reported on which I'm happy with.