Self managed DMP - management issues already - scotland

[dx100uk]

so two historic debts sold to cabot and link i see in your list.

they get a CCA request. if after 12+2working days they dont cough up with a signed enforceable agreement. stop all payments.

 

priority bills are ONLY those that keep or rather can remove, the roof over your head or cut you off or put in pre payment meters...

 

mortgage/rent

gas

electric

CTAX.

 

water is NOT a priority debt as its classed as consumer credit as they cannot cut you off re your human rights. all they can do is get a county court judgement - a CCJ.

 

just drop everything else to £1PCM, write and tell each one this, if you wish to inc an I&E sheet , thats upto you. also tell them you do not expect your financial situation to improve in the next 6mts but if it does you will write. request they freeze all interest and any penalty charges too as they should by helping you under the rules of the FCA/FOS that they are gov'd by.

 

the only (big) difference in being resident (3mts there) in Scotland on credit taken out whilst resident in scotland, is statute barring. but as you are paying all your consumer credit debt covered by the consumer credit act 1974, it really makes no odds to you.

 

debts in scotland are extinguished , dead gone parrot, after 5yrs.

as apposed to E&W whereby after 6yrs it simply removes the enforcement of any court judgement (a CCJ) so creditors just dont bother going to court. in E&W an SB'd debt is still owned by the original creditor they can still snatch your money if you have any with them to off set the debt.

if an E&W debt is owned by a DCA send them our SB letter. kill them dead.

 

rock and a hard place sadly you be, the only thing you have going for you is time.

 

you mention arrangement to pay markers?...thats very bad an they NEVER go from your credit file (and it shows for a further 6yrs in the debt history).  if i were you on the debts showing AP marker i would STOP PAYMENT until they write with a default notice under section 87 of the CCA and register a defaulted date in the debt summary line. when they do, re engage with payment. this wil guarantee the debt VANISHES from your credit file on the default notices 6th b'day, and takes all the AP markers with it...doesn't mean the debt is not still owed mind.

 

dx

 

 

 

[dx100uk]

i would stop payment to all in yellow get defaulted ASAP then deal with them.

 

regardless to whatever, their credit file is going to be screwed for 6yrs one way or another.

the op needs to ensure by being defaulted, in 6yrs their file will be clear regardless to what any do going fwd, so a life can be rebuilt.

 

 

[dx100uk]

ok lets bring up a phrase, fools rush in ....with reams of info in long posts as an initial response without asking basic questions first and overwhelm the OP with info that might not actually be correct across all their debts...

 

i can see from the q's in your last post that this might apply....

 

regardless to where a debtor lives NOW, if the credit was taken out whilst resident in E&W, E&W SB rules apply, moving to scotland does NOT change the SB rules to the Scottish system whereby a debt is EXTINQUISHED dead gone parrot after 5yrs of no payment.

 

you cannot send an SB letter if you have paid within the relevant SB period. you have ack'd the debt by paying, UNLESS there was already an SB period that existed before you started repaying a debt because someone told you too.

 

the rock and a hard place is the fact whatever you do, credit is fruked for 6yrs, until credit files show no registered defaulted debts.

 

i'm must also pointout if a debt already shows a registered defaulted date on Credit files , you should keep paying what you say/move to £1PCM, don't stop.

 

if a debt does NOT show a defaulted date in its summary, then STOP paying till you get a default notice from the creditor, then once its registered, resume you payment/move to £1PCM.

 

so the question that exists is...were any of YOU or your partners debts open whilst registered in E&W?

 

dx

 

 

 

 

 

[dx100uk]

good so you now know your partners debts need to be treated differently in terms of SB. but ofcourse this doesnt apply as the debts have had continuous payment - so forget SB.

 

your cap1/fluid would have you scottish AD upon application so scottish SB rules apply - but again payments have been made so SB does not come into it.

 

get every debt registered as defaulted even if that means stopping payments ...then move fwd.

 

 

[dx100uk]

original creditors very very rarely do court .

 

[dx100uk]

1. ignore link until/unless you ever get a letter of claim now,.

2. yes let it run.

3. OC's dont do court.

4. no harm in ringing the OC and telling them of change of address, then stating everything else in writing only please.

 

let see where the other goes for now, no rush.

 

 

[dx100uk]

yea dont crawl!!

bottom line is ignore everyone unless you ever get a letter of claim.

[dx100uk]

ACI, Moorcroft , opus all dont buy debts

unless you've received a notice of assignment from the DCA the debt has NOT been sold to them IGNORE!!, as i said their letters will state 'our client' xxxx.

 

dx

 

[dx100uk]

5 minutes ago, Yorky55 said:

From experience, why not contact National Debt Line,

nope because all these free DMP/Advice sites simply encourage blindly paying without ensuring the correct paperwork exists if the debt has been sold on or that if the debt is still with the OC they issue a default notice ASAP so the 6yrs ticks from its earliest point possible.

do it yourself so easy!!

[dx100uk]

if you are going by the address shown again a particular debt on a credit file, that's not normally the address where the debt is now registered, it's typically the address where the credit was first taken out or defaulted at.

as long as the debt owner, has in writing been informed of the correct and current address, if it's changed from the original take out address, there is no danger of backdoor litigation.

dx