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Asking for a CCA to see if debts are enforceable

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  • #16
    Last edited by Firefairie; 18 January 2022, 21:10.


    • #17
      Last edited by Firefairie; 18 January 2022, 21:14.


      • #18
        only when advised to
        I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

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        • #19
          Hi again

          Your original stated aim was/is to make FFS offers of about 45% of outstanding amounts. I take it that you are still making repayments via the DMP. While you are making payments, nothing is going to change. As I said previously, creditors are more likely to settle for low percentages after their income has been cut off. Bear in mind though, that here we are talking about a much longer timescale than late 2022. Currently, I doubt you would get a better offer than settlement at 80 - 85%, if that.

          It's for you to decide your priorities. If you cancel your DMP, then you will subsequently start getting chasing letters to persuade or threaten you into restarting. This is a long process, but you can get assistance from the forum along the way on how to deal with each individual set of circumstances. Eventually you will get to a point where creditors are more willing to settle for lesser amounts. Less than 45% even.


          • #20
            Last edited by Firefairie; 18 January 2022, 21:15.


            • #21
              Originally posted by Firefairie View Post
              At the amount I'm paying each month,, the debts won't be cleared until 2033. I thought they would prefer to have a lump sum to clear it at a reduced amount instead of having a small amount each month for the next ten years. I dont want to stop paying and rock the boat and I definitely don't want court action as I want to be able to apply for a mortgage with my partner in the future. I also want to get married and my partner isn't happy about me having these debts and doesn't want to be financially associated with me whilst they are on my credit file.
              In view of what you say, I'm not clear why you are even contemplating looking at whether any of the debts are unenforceable. If any do seem to be unenforceable they don't just go away. If you stop paying them, the creditors will still chase you to try to get you to pay, and they still stay on your credit file for 6 years from the formal default dates.

              In the final event, only a Court can rule definitively that a debt is unenforceable, if a creditor should decide to take its chance in court. By the way, when I was on a DMP one of the creditors still took court action against me. A DMP is no guarantee that they won't.

              PS. I understand your partner's point of view. However, your debts are personal to you, and creditors would have no call on your partner for liability.
              Last edited by Still Waving; 14 January 2022, 19:10.


              • #22
                Last edited by Firefairie; 18 January 2022, 21:15.


                • #23
                  Originally posted by Firefairie View Post
                  Still Waving from other debt forums I have looked at, advice was that a creditor is more likely to accept a lower offer to settle if they cannot produce the relevant paperwork. That was my motivation. My partner isn't worried about liability but don't Credit files show financial associations? So I would be on his credit file if we got a joint mortgage? Maybe I should just wait for all my defaults to fall off my credit file, carry on with my dmp and get advice from a mortgage broker on how successful I'd be a getting a mortgage once defaults are gone. That's my main concern. Thing is I'm not young, so I can't leave it too many years before applying for a I'm in my early 50s.
                  Tactics, Planning and a good Diary should be your ambition here!
                  DBA's are Commercial Businesses. Their interest in you is with the intent to maximise their investment in your Debts! They curiously profile you as to what they think you can pay and what assets you may or may not have! Home owners are especially attractive in this respect.
                  If your intent is a settlement then you simply must rock the boat!
                  You want them to be making Offers!

                  A starting place would be to halve your payments to StepChange. Put the other half away as a contingency FUND!
                  Become an erratic payer!!
                  Do this on the basis of increased fuel costs. living costs etc.. Covid and Lockdown gives you the perfect background to create the impression of a diminishing surplus money!
                  It is True they can at any point Sue but it doesn't follow that a CCJ is automatic because negotiated settlements are part of this process!
                  Its a game of Poker and tactics are very important.
                  Asking for a CCA S.78 (plus £1) can be delayed! But if you want good settlement Offers ROCK the Boat! Do not mention marriage or home purchase! On the contrary you need to look like poor investment!

                  I say a good Diary! You need to look at your own records and old statements etc.. Especially Default Notices etc.. This to build a good Diary for each Debt! Sometimes UE details can be found this way!

                  As long as you are a good source of income you will find it very difficult to get decent Settlement Offers! So Rock their Boat!


                  • #24
                    I sometimes think there is little logic behind how a debt purchaser or DCA handles a case. I sometimes do think it is down to dumb luck (or not) if you get a claim or not. Having said that they do know a lot about us, particularly if you signed up for open banking.

                    It does seem that if they can not supply the paperwork they may be more amenable to a low offer although why would you make an offer if they do not have the paperwork? However, you are taking a gamble , if you send a CCA request and they send something good back, they may think they have you over a barrel.

                    Before making decisions, I would think long and hard and maybe take professional qualified debt advice but also remember for example who pays that charities bills, one of the reasons I am no fan of step change. Also some people on forums want you to cancel sky and your mobile phone so you can pay your debts without knowing anything about you - if someone is disabled and relatively housebound I would think sky is important as is the internet (do you get what I mean).Others will tell you to do x or y because that works- maybe it will , maybe it won't.


                    • #25
                      Last edited by Firefairie; 18 January 2022, 21:15.


                      • #26
                        Are well if you have Health issues and you can evidence this with Medical proof these are grounds for clearing these debts!

                        CONC 7.10 Treatment of customers with mental capacity limitations - FCA Handbook

                        A firm must suspend the pursuit of recovery of a debt from a customer when:
                        1. (1)

                          the firm has been notified that the customer might not have the mental capacity to make relevant financial decisions about the management of the customer's debt and/or to engage in the debt recovery process at the time; or
                        2. (2)

                          the firm understands or ought reasonably to be aware that the customer lacks mental capacity to make relevant financial decisions about the management of the customer's debt and/or to engage in the debt recovery process at the time.

                        CONC 7.10.4G01/04/2014RP
                        Firms should note CONC 7.2.1 R (and its accompanying guidance) which requires firms to establish and implement policies and procedures for the fair and appropriate treatment of particularly vulnerable customers.

                        This is the way for you to deal with these Debts!
                        Last edited by Roger; 15 January 2022, 15:52.