Does payment Plan affect Default Date - Will they attempt further action in future?

[MLPA2168]

Hello,

I have a debt of £5700 with a bank that was defaulted in 2010 and passed to numerous DCA's. iQor are the latest and have been hassling me repeatedly and also offering a 50% reduction of the balance in full and final settlement. I got very stressed about this and wrote to them saying that I am out of work, have no disposable income and cannot afford to pay more than £1 a month.

Surprisingly they came back and said they would accept the £1 a month and sent me some giro credit forms to use!

I now don't know what to do. If I start paying this £1 a month will this affect the default date on my account? Does it extend the date from the time i start paying the £1 a month or will the Default drop off with the three CRA's at the six year anniversary of the default date still?

Also if I was to pay the £1 a month for the next three years until the Six years is up can I just stop paying it then? This then makes me think surely they won't just accept £36 in the next three years? Does anyone have any idea what sort of action they might take to get more money from me?

Thanks very much.

[Never-In-Doubt]

Re: Does payment Plan affect Default Date - Will they attempt further action in future?

The default date stays. 1 default per account so if you pay, don't pay or elope it drops off in 6yrs from date of original entry.

[Pixie]

Re: Does payment Plan affect Default Date - Will they attempt further action in future?

Have you been paying anything since it defaulted?

[MLPA2168]

Re: Does payment Plan affect Default Date - Will they attempt further action in future?

Thank you.

In your opinion if I agree to pay the £1 a month until the default date lapses do you think they will attempt any further collection of this debt?

[MLPA2168]

Re: Does payment Plan affect Default Date - Will they attempt further action in future?

Have you been paying anything since it defaulted?

No nothing at all.

[Never-In-Doubt]

Re: Does payment Plan affect Default Date - Will they attempt further action in future?

Thank you.

In your opinion if I agree to pay the £1 a month until the default date lapses do you think they will attempt any further collection of this debt?

You can't say. Never guess. Just cover your arse.

I'd not pay yet. I'd cca them first

No harm in that at all.

[MLPA2168]

Re: Does payment Plan affect Default Date - Will they attempt further action in future?

Sorry not sure what that means (CCA them)?

[Never-In-Doubt]

Re: Does payment Plan affect Default Date - Will they attempt further action in future?

Help with Unenforceability - allaboutFORUMS

^^ see that

[MLPA2168]

Re: Does payment Plan affect Default Date - Will they attempt further action in future?

Help with Unenforceability - allaboutFORUMS

^^ see that

Thanks very much

[Pixie]

Re: Does payment Plan affect Default Date - Will they attempt further action in future?

No nothing at all.

If you haven't paid anything for close on 3 years it will be half way to being statute-barred. However,if you start making payments, even £1 a month, it will reset the SB clock. No wonder they're keen to offer £1 token payments!

Do as Niddy suggests and send a CCA request.

[MLPA2168]

Re: Does payment Plan affect Default Date - Will they attempt further action in future?

If you haven't paid anything for close on 3 years it will be half way to being statute-barred. However,if you start making payments, even £1 a month, it will reset the SB clock. No wonder they're keen to offer £1 token payments!

Do as Niddy suggests and send a CCA request.

Sorry I am confused between the distinction between SB and the default dropping off six years after the default date.

If the default drops off in 2016 will it make any difference if the debt is not SB?

[Never-In-Doubt]

Re: Does payment Plan affect Default Date - Will they attempt further action in future?

Statute Barred affects the time they can try and enforce the debt. So if you do not pay or acknowledge in 6 years then it becomes SB'd meaning they cannot legally force you to pay - you can tell em to get fucked

The default will drop off after 6 years whether you pay or not as I said above - two separate issues, try not to confuse them.

[MLPA2168]

Re: Does payment Plan affect Default Date - Will they attempt further action in future?

Statute Barred affects the time they can try and enforce the debt. So if you do not pay or acknowledge in 6 years then it becomes SB'd meaning they cannot legally force you to pay - you can tell em to get fucked

The default will drop off after 6 years whether you pay or not as I said above - two separate issues, try not to confuse them.

Right so if the default drops off in 2016 and I am happy cos I can try to get credit and then a DCA starts plaguing me still for the debt as it is not SB what will they do if I tell them to F off? I assume they can't get another default so would they try to get a CCJ possibly? I apprciate this is hypothetical as I am gonna do what you suggested and CCA them but I am interested to know if possible?

[Never-In-Doubt]

Re: Does payment Plan affect Default Date - Will they attempt further action in future?

Right so if the default drops off in 2016 and I am happy cos I can try to get credit and then a DCA starts plaguing me still for the debt as it is not SB what will they do if I tell them to F off? I assume they can't get another default so would they try to get a CCJ possibly? I apprciate this is hypothetical as I am gonna do what you suggested and CCA them but I am interested to know if possible?

Yea, they can get a ccj upto the day before SB so you try and ignore/fend them off for the last 3 years and not pay into it - forget the default, totally separate issue and already answered in full. They are unrelated.

[SXGuy]

Re: Does payment Plan affect Default Date - Will they attempt further action in future?

Yes they can apply for a CCJ at anytime they wish, even if you do or dont make payments, the idea is, to not make payments for 6 years, hope they dont try to get a CCJ and then they are statue barred from getting a CCJ.

Send a CCA Request before you do anything!