Stopping Payments to Stepchange and going it "alone"

[dx100uk]

I

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

 

 

I've look through all your thread

 

 

cant see this anywhere

[renegadeimp]

Cash cowed means you give whoever asks, money without any questions. Just like a cow gives milk.

[dx100uk]

this has been going on since dec 2012

 

 

in various threads

 

 

all now merged to one thread - this one.

 

 

urm...

 

 

dx

[blondiegirl]

So if I owe £20k to various dca, I could somehow challenge it??

I'm paying monthly through the CCCS anyway.

Nobody is chasing me.

 

Yes it's been going on a while and somehow ended up on one thread.

 

 

Unfortunately, I've not been able to deal with it a

 

 

nd now I pick it back up again,

because I want to make a change!

[renegadeimp]

Nobody is chasing you because you have been blindly paying then whatever they ask without question.

[blondiegirl]

Yes, I have been paying :0) Because that's what the CCCS advised to do

and I didn't really know what else to do.

 

 

I have reduced payments though, but by doing this,

I have made it worse because the ARs will appear on my credit file for longer

which I apparently can no longer challenge.

 

The bit about no judge making it unenforceable was from someone on here

.......I have definitely re-read it today....

[BRIGADIER2JCS]

I've look through all your thread

 

 

cant see this anywhere

 

 

Nor can I dx.

[blondiegirl]

It was 18th December 2012. SOrry, don't know how to add the post here. But it was from DX100UK;-)

 

"the debt being un-en wont really help you.

 

you cant really expect a judge to agree you never had any account with MBNAicon after all this time and payment.

 

i honestly cant see WHY you are paying such large figures to these people

 

it is NOT a priority debt

 

MBNA sold it on for a reason

 

i bet there are heeps of PENALTY charges & PPIicon to reclaim

 

thats why they sold it.

 

get an SARicon off to MBNA

 

dx"

 

So if no judge will believe a debt is unenforceable after all this time, how can it help if I get a CCA from a dca (or can't get one more to the point)

 

Do I need to list the debts every time I reply? I tried as a signature but it was too many lines.

 

So I need to cca the dcas and what am I trying to get with the SAR from the OC?

 

Also, as this has all been going on for 6 years now, is there any point in trying to claim all the charges back? I know I must have had hundreds added which took me over my balance regularly, resulting in more charges.....

 

THANKS

 

MBNA sold to Idem Servicing September 2012 £2,601

MBNA sold to Moorgate September 2012 £1,617

Barclaycard assigned debt to Aktiv Kapital April 2011 £2,789

Barclaycard/Cabot Financial £1,749

Barclaycard/Cabot Financial £4,663

[dx100uk]

depends on when the credit was taken out

and I don't think that was a repy to one of your posts either

 

 

however move on

 

 

simply list your debts here in a post.

 

 

dx

[Guest]

....the ARs will appear on my credit file for longer which I apparently can no longer challenge.

 

 

did you check with the ICO for their view on it?

[BRIGADIER2JCS]

did you check with the ICO for their view on it?

Now considered to be The accurate record of the conduct of an account.

[blondiegirl]

I will call them tomorrow.

 

What do you mean the accurate record

 

 

 

UOTE=BRIGADIER2JCS;4609621]Now considered to be The accurate record of the conduct of an account.

[BRIGADIER2JCS]

I will call them tomorrow.

 

What do you mean the accurate record

 

 

 

UOTE=BRIGADIER2JCS;4609621]Now considered to be The accurate record of the conduct of an account.

 

 

Much has change in regard to the "style" of displaying accounts on CRA files, previously the application of AP markers instead of actually defaulting accounts was considered "unfair" and it was possible to challenge the us of such markers as unfair as they could remain on files for more than 6 years.

 

 

This option is no longer viable so if an AP is entered into that is what must be reported to the CRAs because that is what is accurate.

[renegadeimp]

Lets start fresh.

 

List all your debts. One at a time, and provide all the info you have with each one. Dates, amounts, charges etc etc. Then we can go from there. You are very likely being fleeced, and IF you are, we want to help you get it stopped before they milk you even more.

[blondiegirl]

Thank you I will list as much as I can tomorrow.

 

I can't believe that ARs and DMs can be reported on for as long as they're there.

It's a true reflection of the account, but at the same time,

it's grossly unfair because I will have them there for many years

which puts life on hold until my 50's! I should have gone for an IVA!!!

 

Also, is it worth trying to re-claim the hundreds of pounds of charges applied to the accounts before the DMP? The charges were probably done just over 6 years ago

[Guest]

it does seem at odds. one reason why suggested checking with the ico, to get their current view.

i presume though that arrangements/dmp etc are not looked on as unfavourable as unpaid defaults re credit worthiness?

but, know what you mean. sometimes maybe someone wld be better off just defaulting, or waiting for the SD re bankruptcy and save on the fee. or sitting on it (if poss barred), cca requests, or a DRO, etc if applicable. depends on the individual circs.

[BRIGADIER2JCS]

Thank you I will list as much as I can tomorrow.

 

I can't believe that ARs and DMs can be reported on for as long as they're there. It's a true reflection of the account, but at the same time, it's grossly unfair because I will have them there for many years which puts life on hold until my 50's! I should have gone for an IVA!!!

I agree, APs have always been problematical and if still processed after 6 years from the default date/or when the default was perceived to have occurred, one could challenge an seek that the account was retrospectively defaulted, this it seems is no longer an option.

[blondiegirl]

I doubt a mortgage lender would look at them in any favourable way :0( can't even move and rent, and rent our house out because we couldn't get a buy-to-let for our own house! At least the DFs aren't showing now. But I can't pay the rest off, or wait 6 years.

 

I will call the ICO tomorrow when there are no children around.....

 

What's an SD or DRO please?

 

It doesn't seem right that a bunch of OC defaulted me, and some decided not to

[BRIGADIER2JCS]

I doubt a mortgage lender would look at them in any favourable way :0( can't even move and rent, and rent our house out because we couldn't get a buy-to-let for our own house! At least the DFs aren't showing now. But I can't pay the rest off, or wait 6 years.

 

I will call the ICO tomorrow when there are no children around.....

 

What's an SD or DRO please?

 

 

SD Statutory Demand For Payment: First Step on the Bankruptcy process if issued one must apply to a court for the SD to be set aside, but one must have a reasonable defence to any CC Claim..

 

 

DRO is a Debt Relief Order. Google it and all will be explained.

[blondiegirl]

OK, I don't want to go bankrupt. And I will look up DRO.....

[Guest]

OK, I don't want to go bankrupt. And I will look up DRO.....

 

eg https://www.nationaldebtline.org/EW/factsheets/Pages/37%20EW%20Debt%20relief%20orders%20%28DROs%29/Default.aspx

[blondiegirl]

Seems we're not eligible for a DRO - we have a mortgage/house and owe too much.

[citizenB]

Also, is it worth trying to re-claim the hundreds of pounds of charges applied to the accounts before the DMP? The charges were probably done just over 6 years ago

 

If these are penalty/default charges on loans/credit accounts, then yes it would be worth making an attempt to reclaim them - they will likely be taken from the balances rather than money in your pocket but every little helps so they say.

 

You would need to obtain statements in order to work out the value of the charges - you can send Subject Access Request to each of the creditors it will cost you £10.00 per creditor (so if you have more than one account with one creditor it will only cost you the one £10.00.

 

There is a draft letter in the link below. They have 40 calendar days in which to comply with the request.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387306-Full-Subject-Access-Request

[blondiegirl]

Thank you

 

Do I need to SAR the OCs or the DCAs?

[citizenB]

SAR goes to the original creditors - the DCAs will have very limited data.