General idea about where to take things (DMP)

[linnite]

Re: General idea about where to take things (DMP)

What do you mean still active? Please elaborate?

Barclays never defaulted it like ALL the others, it's AP. If it was proved unenforceable I am sure they would make it their business to sh*t all over our credit file for as long as they could. Defaulting it now woud do it for 6 years.

£3500 saved vs a big step towards getting a decent credit record, a tougher decision than some might think???

[linnite]

Re: General idea about where to take things (DMP)

Does that mean that there are scanarios where post Apr 07 debts are unenforceable? Or is it more of an opening gambit for some other strategy?

[Never-In-Doubt]

Re: General idea about where to take things (DMP)

Barclays struggle to find cca's.

What do you mean still active? Please elaborate?

The loan - I've answered above. Treat it like the pre 2007 debts.

[Never-In-Doubt]

Re: General idea about where to take things (DMP)

If we left the DMP, which I am actually really relaxed about doing, we would need to make deals on the already-known-enforceable 2008 consolidation loan, plus the barclaycard (for the only reason that it is still active on our credit file - or do we go ahead and ruin that...?) but I feel OK about going it alone with those two.

no you wouldn't. You'd play the game and send a cca request. Then play letter ping pong to get a reaction. Some leave you alone for years after the initial flurry.

You cca ALL creditors. No matter pre / post 04/07

Trust me, I've done this before

[linnite]

Re: General idea about where to take things (DMP)

And no worries at all I know nothing is guaranteed, just trying to do the best research before going in.

Many thanks yet again.

[Never-In-Doubt]

Re: General idea about where to take things (DMP)

ps - as for the mrs, you convince her by explaining the real reasoning. I'll elaborate;

To BEST utilise the UE route you'd cease payments to all the creditors in your DMP immediately and then send off for a s.77/78/79 Request (CCA). A DMP cannot allow cherry-picking of accounts which means you cannot ask for one (or ten for that matter) accounts to be excluded. They'd refuse and you'd have to cancel it anyway.

Now, some accounts will be unenforceable and others won't be but here's the thing; you actually save the same amounts as you were in the DMP in a savings account and if a creditor gets arsey or we hit an enforceable account then use some of those funds to make a settlement. They'll accept as they'd currently be getting £0 so assuming your OD was £2k if you made an offer to settle as things stand you'd be lucky to save £500. If you do the above, the longer no payments are being made, the better the offer could go - we've had 10% offers accepted and we've had 50% offers accepted.

Its your call but I hope the above helps explain the rationale behind what we do. Cover your ass. That's the safest advice

So you don't miss it

[linnite]

Re: General idea about where to take things (DMP)

If we left the DMP, which I am actually really relaxed about doing, we would need to make deals on the already-known-enforceable 2008 consolidation loan, plus the barclaycard (for the only reason that it is still active on our credit file - or do we go ahead and ruin that...?) but I feel OK about going it alone with those two.

[Never-In-Doubt]

Re: General idea about where to take things (DMP)

Posts crossed. See my last post.

You WILL have savings; the DMP cash.

Legal "help" is available. We aren't solicitors (practice) and chose not to be (nor are we regulated to be) however Andrew is a Solicitor albeit non practising (through choice for AAD / Legalese)

Legalese explains it mate -> https://www.legalese.org.uk

there are no guarantees in this game. You literally deal with each situation as and when it arises with our help.

Its breaking your repayment mindset that's the biggest hurdle.

[linnite]

Re: General idea about where to take things (DMP)

Thanks again. Would you say though that anyone embarking on this had better be prepared to pay out at least some bits of legal fees? If a particular debt came back as enforeceable I would want to leave it at that and resume the paying we are doing now - we have no money for any F&F's. All I want to do really is explore each one with the creditors in a friendly manner, and if unenforceable....well then we would tell them where to go.

EDIT: Our last two posts 'crossed' but I think this still makes sense to ask?

[Never-In-Doubt]

Re: General idea about where to take things (DMP)

ps - as for the mrs, you convince her by explaining the real reasoning. I'll elaborate;

To BEST utilise the UE route you'd cease payments to all the creditors in your DMP immediately and then send off for a s.77/78/79 Request (CCA). A DMP cannot allow cherry-picking of accounts which means you cannot ask for one (or ten for that matter) accounts to be excluded. They'd refuse and you'd have to cancel it anyway.

Now, some accounts will be unenforceable and others won't be but here's the thing; you actually save the same amounts as you were in the DMP in a savings account and if a creditor gets arsey or we hit an enforceable account then use some of those funds to make a settlement. They'll accept as they'd currently be getting £0 so assuming your OD was £2k if you made an offer to settle as things stand you'd be lucky to save £500. If you do the above, the longer no payments are being made, the better the offer could go - we've had 10% offers accepted and we've had 50% offers accepted.

Its your call but I hope the above helps explain the rationale behind what we do. Cover your ass. That's the safest advice

[Never-In-Doubt]

Re: General idea about where to take things (DMP)

Basically no. They cannot issue a claim once a cca request has been issued which is why we always say send one to avoid a claim - they can I suppose issue a claim but it's rare cos they want to win. Not get battered by jumping in with 2 feet. We'd batter them if they did that (and have in the past) so don't worry about that. Our legalese is pretty damned hot at AAD.

(We also have Andrew Watson)

Regards overdrafts there's a section in Unenforceability specific to overdrafts and they use different cca's as you'll see in the templates section of AAD (you need to register to see templates).

--> http://forums.all-about-debt.co.uk/s...CA-Information

Read diaries to see likely outcomes. Pixie / MrsD / Alland are all several years in now.....

[linnite]

Re: General idea about where to take things (DMP)

Sorry to keep this thread alive, I know the next thing really is doing a diary thread and getting the CCA letters out.

I did some reading on the site as suggested, and some things I read, which I may have misunderstood, have worried me.

So my last question before getting on with it is: Do any DCA's/OC's respond to a CCA request with immediate escalation, pushing it into the court arena etc? Just for a CCA request?

I'll be honest, after 6 years of calm water with the DMP, this could be scary. I need the wife on board and this could scare her witless.

That said nearly all these agreements, if not all, are pre- Apr 2007. The consolidation loan was post April 2007, we defaulted almost immediately so I am thinking of just steering clear of that entirely (i.e paying it)??????

Also what's the history been like on overdrafts? Have they tended to be enforceable?

Many thanks again - brilliant site.

[Never-In-Doubt]

Re: General idea about where to take things (DMP)

Linky (post 2) --> http://forums.all-about-debt.co.uk/s...-Read-me-First!

[Never-In-Doubt]

Re: General idea about where to take things (DMP)

Send to the original creditor but if the dca gets arsey just copy them in but don't pay them the £1. If it's been assigned the request goes to the assignee so that might be a dca.

Before sending for cca's can you please do a proper diary so we can gauge success chances before you waste time sending cca requests.

Read the diaries and see my sticky on the subject

[linnite]

Re: General idea about where to take things (DMP)

Many thanks again, I will do the CCA's and then let you all know what I get back.

Where the debt is being 'administered', or whatever the correct term is, by a DCA, does the CCA request go to the DCA or the original creditor (wow all these initialisms!).

I'm guessing the original creditor? In which case I have to be sure these debts have not been sold to the DCA? I know certain ones have, and assume all the others haven't.