Asking for a CCA to see if debts are enforceable

[Firefairie]

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[Roger]

A DMP doesn't actually ensure protection against being Sued! But what does is knowledge and a proper appraisal and understanding of each Debt!
No two Debts are the same!

You have been with DMP five years which suggests that your accounts started earlier perhaps much earlier than 2017
One overdraft & Five Credit Cards

The AAD approach is to set out and created a Diary Entry (One for Each Debt/Account)
Please provide the following information for each Debt

Type of account:
Date commenced:
Approx balance:
Date last paid in full:
Status:
Current status:
Assigned:
Account Owner:

Welcome to AAD
The Diary format helps decision making as well as giving you control over each and every Debt!

[Firefairie]

Thanks Roger Should I list them here or create a new post in the diaries section?

[The Tech Clerk]

list here and amend as necessary, keep all in one place

look around site and see how others use diary entries (add to)

[Colin G Quinn]

Hi,

Regarding the point you raise about the defaults, when they are set to drop off your credit file, and if debt purchasers often issue within the final six months;

If for instance someone hasn't made any payments since they defaulted, a creditor has six years to issue legal proceedings. So, if that six year period is coming to an end and a creditor or debt purchaser hasn't issued a Claim they may do as a last attempt to recover what they allege is owed to them.

However, it sounds as though your cases are different. Every time you make a payment or acknowledge the debt the six year limitation period is extended for another six years. So, for instance, if your DMP has disbursed payments this month, the time any creditor or debt purchaser has to issue a Claim has been extended for another 6 years. And the same will occur next month when they make another payment.

A CCA request, if you decide to make one, should be addressed to whoever claims to own the debt as (at least until proven otherwise) they are deemed to be the creditor and the request should be accompanied by a statutory payment of £1.

However, its really important to be vigilant when you review any of the responses you receive, as the documents often relied upon by creditors and debt purchasers are not always what they are said to be in a CCA response, i.e. said to be a compliant (enforceable) credit agreement when the document is not, or said to be a credit agreement when no such a document at all.

Just one other thing; PRA are not a debt collection agency, they are a debt purchaser. Link Financial are a debt collection company who collect alleged debts for other companies. So it is unlikely that they are the owner of your account if that is what you are being told. It may be worth having a look to see if the company they are making collections for is authorised by the Financial Conduct Authority, as many they collect for are not.

[Firefairie]

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[Colin G Quinn]

Hi,

It's not just a case of a creditor or debt purchaser applying for and obtaining a ccj. They would have to commence legal proceedings first, and before they done that they would have to write to you giving you notice that it was their intention to do so. So I wouldn't be worrying about ccj's at this stage.

In answer to your question, however, the answer is yes. The dates any default falls off your credit file isn't really a factor for you.

The limitation period for a potential claimant to issue a claim is six years from the date their cause of action arises. That date arises from the date of default.

However, that limitation period is extended every time you make a payment. So every time you have made a payment or acknowledged a debt ever since you were deemed to have defaulted, you have reset the six year clock. As an example, if you made a payment today and then stopped, a potential claimant would have six years from today to issue a claim against you.

The defaults on your credit file are there for potential new creditors to see how you have managed financially over the last six years, so they can decide if they will give you credit. The dates on your credit file are not for the court.

Although we have used those dates in court proceedings to show that the dates aren't accurate etc, when we are assisting consumers and to show claimants' evidence is unreliable etc.

[Firefairie]

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[Still Waving]

Hi

Just to reiterate what has already been said, the debts fall off your credit file 6 years after the formal default date for each individual debt, so will be at varying dates. This is an entirely different matter to the 6 year Statute Bar, after which creditors can not take legal action.

Once the debts have fallen off the credit file, they should not impede your ability to apply for a mortgage, even if the debts are still outstanding. However they may still figure in your declaration of outgoings in a mortgage application (if you are making payments).

An important point to note is that, as long as you are making repayments, creditors are unlikely to accept a low offer in FFS. They become much more willing to consider or offer discounted settlements when they have not been receiving payments. So the best time to offer FFS is not now. The first step is to establish whether the debts are enforceable, via CCA74 requests, and then consider, with help from the forum, how to proceed from there. I suggest that at present FFS is a long way away.

[Firefairie]

Thanks all for your advice. I'll post each debt below. I appreciate any advice on the way forward with this.

[Firefairie]

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[Firefairie]

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