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  • Warwick65
    replied
    Indeed as Di said, the advice you got on another forum, and I can guess which one is totally wrong. Di explained how her firm had defeated claims in court but don't think that means they will end up in court if you stop paying. Amongst my many debts I had a few from post 2007. One was a provident Loan and Lowell were unable to comply with a CCA request and closed the account, Another was a vanquis credit card taken out online. The CCA request was deemed enforceable but when push came to shove the default notice Vanquis had sent me was entirely defective. As such Lowell again wrote of that account. Poor old Lowell had a bad time with me as the one they thought they could win was defeated in court by Jo and a wonderful barrister because of no Default notice and on top of that Lowell had to pay our costs as well.


    So moral of my rambling- they are real life examples of post 2007 debts being written off because they could comply with the rules of the CCA.

    Remember as well- if the debts have been sold to firms who are not FCA authorised, they have a problem as I believe they can not take you to court.

    Leave a comment:


  • Diana Mayhew
    replied
    Originally posted by 0live_B View Post
    I read on another debt help/advice forum that debts pre 2007 would not be worth CCA requests.

    What you read on another forum was wrong

    My firm has won many cases where the account was opened after 2007.

    There's too much emphasis on the credit agreement when there are numerous other legal arguments which have the potential to make a debt unenforceable.

    In the case of Santander v Diana Mayhew (me) the DJ ruled that s78 had been complied with but they lost on other legal arguments. Read Paragraphs 11-14 of the judgment here, and you'll see what I mean > https://www.bailii.org/ew/cases/Misc/2012/14.html

    Before you part with £25k of your own money it would be worth establishing which of your debts are unenforceable.

    Use this thread as your Diary. Just make a new separate post for each debt using this format >
    • Type of account (credit card/loan/overdraft)
    • Date commenced
    • Approx balance
    • Date last paid (approximate date you last made a FULL payment)
    • Are you on arrangement or not paying
    • Status (default/in arrears/up-to-date)
    • Account owner (who is writing to you, the original lender, a debt purchaser, or a DCA)

    If you've been in a DMP for eighteen months it's possible that some of the debts have been assigned/sold to debt purchasers. This has the potential to raise assignment issues and/or whether the new owner has FCA authorisation to even issue a claim let alone win the case in court etc.

    You say all but two have defaulted you, but if you're not paying the monthly minimum amount due under the contract, then they should all have defaulted you within 3 - 6 months (ICO guidelines).

    Once you've listed your debts you'll get help and suggestions as to the best way forward.

    Are you still paying them via your DMP?

    Di

    Leave a comment:


  • The Tech Clerk
    replied
    Debts pre= April 2007 have to have all prescribed terms etc for starters, and copies of originals

    Leave a comment:


  • The Tech Clerk
    replied
    we have all been there no doubt, things do not happen over night but systems can work if worked on remember = More Haste = Less Speed, so take a step at a time, as you will find these Debt agencies if they see you panicking take advantage of situations, remember they are out for all they can get from as little of cost to them>

    Leave a comment:


  • 0live_B
    replied
    Thank you The Tech Clerk for your sound advice. I read on another debt help/advice forum that debts pre 2007 would not be worth CCA requests. I'll get a diary sorted shortly.
    My impatience to be debt free ASAP has ,no doubt, clouded my judgement somewhat.

    Leave a comment:


  • The Tech Clerk
    replied
    »
    CCA Request send to each owner or originator with £1.00 postal order send Recorded delivery and keep all copies on file. make a diary for each aledged debt, once CCA received then send to webmaster@all-about-debt.co.uk for checking - do not redact and writing on them he will be the only one to see details, link your thread as well

    Leave a comment:


  • The Tech Clerk
    replied
    many are still unenforceable due to many factors not only CCAs but other areas, get a diary going and then people can get better facts etc as to your situation, Doubts they are not UE ??? have you considered getting off CCA request for copies so that our administrator can advise UE or not?? do not jump into the fire stop and be cautious before acting hastily, follow advice from this site? and if UE and you have good reason to settle you would be in a better bargaining position instead of being cash cowed for full amounts etc = read threads get an idea of procedures etc

    Leave a comment:


  • 0live_B
    replied
    Thanks for your reply. I doubt any of my debts are UE, most are under 10 years old.

    Leave a comment:


  • Diana Mayhew
    replied
    Maybe your starting point is to establish whether any or all of these debts are actually enforceable in law.

    If nothing else, it would give you bargaining power if you want to negotiate a F &F settlement.

    Di

    Leave a comment:


  • 0live_B
    started a topic Paying off my DMP

    Paying off my DMP

    Hi

    I would appreciate some advice.

    My DMP with a debt charity has been up and running for 18 months. I've had no issues, all 12 creditors stopped interest right away,all but 2 issued defaults.
    I'm now in the fortunate position to pay off all of my £25000 debt total. I'm inclined to phone each creditor & pay in full to get it done and dusted, then I think
    heck I might be able to get settlement figures (although this would take time to sort out). Also, I'm not sure who actually owns some of the debts as most are
    with DC's, but think some are just managing the debt. Hell, I'd hate to pay the wrong company!

    Many thanks :-)
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