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Hi, asking this for a friend, who has been very interested in my experience with your helpful guys. He has a lot of debts and is currently on a DMP, four of his creditors have taken him to court, and I think there are 1 or 2 charging orders on his house.

 

When these went to court would they creditors have to have had the CCA documentation before the judge decided what should be done? Also can he still go to his creditors and ask for the CCA's even though he's on a DMP? What does he do if they don't come back with anything (a lot of his debts are for C/C he has held for a very long time), would he still continue paying them through his DMP?

 

Sorry for so many questions! :)

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When these went to court would they creditors have to have had the CCA documentation before the judge decided what should be done?

No. It would only have to be produced if part of the defence was that there was no credit agreement.

 

Also can he still go to his creditors and ask for the CCA's even though he's on a DMP?

Yes. He can ask for a copy of the agreement at any time.

 

What does he do if they don't come back with anything (a lot of his debts are for C/C he has held for a very long time), would he still continue paying them through his DMP?

This depends whether there is a CCJ or charging order on the account. If there isn't he can withhold payments until a copy of the agreement is produced. Remember a DMP is a voluntary arrangement.

 

If there is he would need to ask for the CCJ to be set aside and have this granted before withholding payments.

 

Are there charges on the accounts and if so do you have any idea what %age they are?

  • Haha 1

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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