StepChange £150PCM DMP - Been Paying for 15yrs - all Old debts/scared and out of my depth

[Bon-ee-bon]

Hey everyone

I’m freaking out and need all the help I can get from you- very knowledgeable people here.

I’m mentally exhausted from reading so much on here , the help people are offering is incredible but not one case is quite exactly as mine.

Husband and I have entered into a DMP 15 years ago after we couldn’t keep up with repayments to several card, loans etc amounting to over 40k.

Since then, we’ve been paying apr£150/pm without fail and have cleared £27k  

This has had a huge impact on our life as we never dared to even look into becoming home owners or get a credit card.

We have no assets.

 

Recently, due to struggling financially, I began to look into things and needles to say that I wished I did it many years ago as I realised that Step Change did not offer us the best advice.

 

All these debts have long fallen off our credit files but the last thing I need is to get a CCJ for any of these old debts and have our records marked for another 6 years. 

 

Nevertheless, I started hoping that maybe I can clear the remaining debts which are: 

 

1) £7,926 loan-Bank of Ireland- Post Office- same creditor

2) £4,300 flexible loan in 2004 Cahoot-now Santander - Wescot

3) £2,296 credit card-2002 ex Tesco PF- Robinson Way

4) £186 Co-Op- Link financial 

 

I Stopped our monthly payments this May and requested CCA from all debts while asking StepChange for a payment break. 

So far, I received responses as per above chronology:

1) loan-Bank of Ireland- Post Office .

.a letter simply confirming the payment plan via SC and that they’re happy to continue it.

No reference to my CCA request.

Since then, I tried to contact the bank but I had no success in even talking to someone who could give me any info relating the account.

What shall I do now?

 

2) flexible loan in 2004 Cahoot

couple of letters including a Copy of CCA with both our signatures on but no copy of T&Cs or any statements other than a transaction list of  payments via DMP. Looks non enforceable but can’t be sure.

 

Since then I sent a letter to say that the copy provided does not comply with the CCA and it’s not enforceable in court - asked them to confirm that in writing. The response letter said that Santander advised that this is the only documentation they are able to provide due to the age of the account.

I responded by saying that I’m unable to repay the debt but will be willing to make a F& F offer.

They sent me an I& E form to complete and asked for details of the offer.

I offered them 5% of the debt.

No response as yet.

What shall I do if they refuse my offer ?

3) credit card-2002 ex Tesco PF- Robinson Way

Received CCA with signatures separate T&Cs plus cc statements dating back to the beginning of when the credit card issued. 

Looks legitimate, the only question mark being over the main page which looks like an application form for a Tesco card. If this is the case is it enforceable? Shall I make an offer to settle the account ? 

4) £186 Co-Op- Link financial 

Letter headed “Statement of account” summarising the basic info in three paragraphs quoting the remaining debt, reference and the originator’s name- Sent them a letter informing them that since they haven’t complied with my request the debt is unenforceable so I will not be paying it.

Small victoryyeayy. Go me. 

So sorry about the length of this plea for help but I wanted to capture everything.

Any help, ideas would be greatly received. B :)x

 

 

[dx100uk]

god these organisations should have their staff taken outside and...

 

sorry but it really annoys me how these companies that are supposed to help people typically end up harming them for the rest of their lives . you could of had a nice home and car by now.

god 15yrs!!!  £27k lighter,  i bet 90% of your £27k were payments to a DCA and they used the money to go down the pub every night or book their staff holiday...

 

im really glad you've stopped payment to them...

can we see these supposedly enforceable CCA returns

 

put each one in their own multipage PDf please

read upload carefully.

 

for the 

 

[Bon-ee-bon]

thank you for your prompt reply, dx. I

’m in awe of your vast knowledge on this subject and appreciate your help. 

Yep, agree. It stinks quite a bit.

Our fault also, for just burying our heads in the sand but in retrospect they should’ve advised us to go for bankruptcy and our misery could’ve ended after only 6 years of hopelessness.

 

Since the 3 mths payment break has ended, StepChange has been sending us letters, emails and texts prompting us to renew our arrangement and send new I&e form.

 

I called them several times explaining what I’m trying to do but they seem to have a real problem with acknowledging unenforceability and just emphasise that they will stop the plan if not submitting new I &e. 

I might go rogue and stop replying to them for now. 

 

I will load those CCA as soon as I figure out how to do so.

 

Many thanks for your time:)x
 

[dx100uk]

yep they just like the dca's that pocketed most of your £27k couldn't careless

they are paid by these orgs and the banks anyway .

 

for consumer debt there is very rarely any need to go BK,IVA, DAS or whatever 

the only one thats of any good is a DRO, 

[Bon-ee-bon]

Photo.pdf

[dx100uk]

thank you 

i would go with the conclusions you have made, but pers i'd not be paying anything now to anyone.

doing this cannot harm you, and if things do get sticky on any of the debts.

 

like those already sold to a dca or latterly those that have not, but subsequently do get,

just let them run their games

its quite funny to see them wave their naughty bits around in total frustration, because you are NOT responding.

 

the bottom line id IF you ever get a Letter Of Claim under the Pre Action Protocol that comes with a reply pack.

comeback here and we'll deal,

 

until them

as i say , theres nothing they can do to harm you further , the debts are years removed from CRA files and can never comeback.

 

always read any letters very carefully, you will see they never use the words WILL.

 

dx

 

[Bon-ee-bon]

Ooooff I cannot describe how this makes me feel; I’ve had so many sleepless nights in the last few months since taking the decision to stop paying these. 

The only thing I fear is receiving a  court action letter, which you also mentioned.

It would be gutting and terribly unfair to be dealt that outcome. 

I will take your advice and sit tight for now and see what happens.

 

In summary, you suggest I don’t even reply to any responses I may get regarding F&f offer I made or indeed other threats from DCA. 

As for StepChange, should I communicate to them that I no longer require their plan ? 
I’m so very grateful for your input and feel so much more reassured  for it.

 

Thanks again. B :)x

[dx100uk]

no i said a letter of claim

thats NOT court action .

its the protocol they must abide by should they even thinking of possibly raising a court claim.

 

pers until/if you get a PAPLOC i'd not be entering into any silly letter tennis with anyone

you've been a cash cow far far too long to the fleecers.

 

 

 

[Bon-ee-bon]

Aaah, I see. So that is a letter I need to respond to and it may still not necessarily mean that they will take any court action. Gotcha. 
 

Fair comment. I shall disallow the milking then until such time.:)x

[dx100uk]

 

 

 

there 100's of threads here on paploc threats.

 

just use our search top right

 

or better is our enhanced google search box

 

letter of claim.

 

the more you read ..the stronger we become.

 

dx

[Bon-ee-bon]

Thanks dx. I have learnt a lot already, I am so much better equipped to deal with my debts since coming on here. Knowledge is indeed power.B :)x

[London1971]

Honestly, the likes of Stepchange should have a government health warning on them. I'm a man of similar experience to yourselves n terms of debts and the best thing you could ever do is stop paying those bloodsuckers immediately, not another penny. None of this will have ANY influence on whether you can get a mortgage or not, it's way too old.

 

Providing they have your current address, just ignore all the begging letters that come through, the only thing that needs to be responded to is a PAP, letter before action, if, and it's a big if, one ever arrives.

[brassnecked]

some of the original documents might lost so unenforceable anyway, do as DX and London suggest.

[London1971]

Exactly as above, A better title for this thread would be 'Stepchange and your creditors out of their depth'

[Bon-ee-bon]

@London1971

Thank you for your words, it’s certainly very reassuring hearing the same advice being echoed. 

I must say StepChange to us spelt unbiased help hence never crossed our minds to doubt their advice.

If only such doubt existed the course of our last 15 years would’ve been significantly more positive. 

Sadly, although these debts no longer feature on either of our Credit files, our age (47 and 60) poses a great barrier to obtaining a mortgage, despite of my utmost efforts in the last couple of years and the fact that we could come up with the right deposit ( but this is a subject for a different discussion)
thanks again B :)x

 

On 05/10/2020 at 13:09, London1971 said:

Exactly as above, A better title for this thread would be 'Stepchange and your creditors out of their depth'

Heh. I like it.

[London1971]

Perhaps, but I just got my first mortgage a couple of years back at 46. In terms of deposit, it's worth looking at help to buy, !

[Bon-ee-bon]

42 minutes ago, brassnecked said:

some of the original documents might lost so unenforceable anyway, do as DX and London suggest.

I am relying on this, fingers crossed. :)x

[Bon-ee-bon]

2 minutes ago, London1971 said:

Perhaps, but I just got my first mortgage a couple of years back at 46. In terms of deposit, it's worth looking at help to buy, !

How wonderful. Well done. 
I am very clued on on all government housing schemes . HTB was considered, so many cons outweighed the pros, in my judgement, but maybe I should reconsider. Do you have an account of your experience in obtaining your mortgage ? I don’t want to lose sight of the original topic I raised here. Thanks B:)x

[London1971]

Whoever is 48 has 20 years left in the workforce, at least. It depends on your needs, and house prices where you want to move. Whilst you are effectively taking out a government backed loan for the deposit,  most people re mortgage after a couple of years in order to pay off the HTB loan, this, might only put your mortgage payments up by £50 per month.

 

I think this sounds bad to a lot of people but it could mean you might need to find £8k instead of £40k, for a deposit. Plus you could always look at shared ownership too!

[Bon-ee-bon]

Hey, I’ve only just turned 47, don’t go adding a year to that ancient number, please!

 

Yes, the difference in deposit is substantial.

And that remortgage scenario does not sound bad.  

 

Maybe I should revisit my adverse thoughts on that. I have to find something soon to give me hope for a better future. B:)x

[Will Goodfellow]

5 hours ago, London1971 said:

None of this will have ANY influence on whether you can get a mortgage or not, it's way too old.

 

Now payments have stopped, creditors might apply for a CCJ which will definitely affect a mortgage application if the claim can't be defended or paid and results in a CCJ. The debts may not affect a credit report now but that doesn't mean they won't in the future.

[Bon-ee-bon]

Absolutely. That is the real danger I am well aware of and fearing.

I want to believe that this being the worst case scenario will not happen, but, trust me , It’s at the back of my mind and it robs me of a proper night sleep. 

[dx100uk]

i wish certain people would not go around every thread and find reasons to needlessly panic people just make themselves appear knowledgeable.

 

original creditors don't do CCJ's.

if the debt is own by a DCA's are not a creditor, but a mere debt buyer.

 

and would have to abide by the pre action protocol as already outlined BeB.

 

 

[Bon-ee-bon]

I’ll take the rough with the smooth. 

 

So let me get this straight into my head, dx

Debts that are still with the original creditor ie: which haven’t been sold on to a DCA ( only one in my case Bank of Ireland) are safe from CCJs. 

 

In contrast, DCAs can apply for CCJ but only by going through the original creditor asking for relevant paperwork, which they may or may not get..?

B:)x

 

 

[dx100uk]

1 yes - they don't want bad publicity.

 

2. a DCA that has bought a debt will often issue a speculative court claim especially if people move and do not update the owners of debts that, lets say they last paid or used within 7yrs, that they have moved.

 

no debt paperwork is needed, they are almost guaranteed a backdoor roboclaim default judgement CCJ as no human is ever involved and nothing is ever checked. which does not apply in your case as they know your AD.

they (as anyone issuing a court claim) must also abide by the pre action protocol as mentioned earlier.

 

any defended court claim would fail if the dca could not produce all the required enforceable paperwork as long as its asked for.

most dca's don't ever go thru the OC, they just raid their filling cabinet, cut and paste and fake the paperwork hoping the judge is stupid, which is why the devil is the in the detail and as a defendant you put them to strict proof.

 

dx