Advice on Enforceability and Statute Barred please

[PurpleFairy]

Here goes everyone...

In 2010, I entered into a DMP with ten creditors but for various reasons it failed 9 months later and I have paid nothing since. Most of these debts have changed hands several times since then and I haven't heard from some of the creditors for years. I have checked my credit file with three different agencies and two of the debts seem to have dropped off altogether and one is marked as satisfied.

However, two of the debts have landed in the hands of DCA's who are now pursuing me aggresively and one has served court papers (ironically for by far the lowest debt). I believe that some of the original debts are likely to be unenforceable but my dilemma is they will all become statute barred in six months time (five years from last DMP payment and I am in Scotland).

Should I try the unenforceable route for the two that I am being chased for and let sleeping dogs lie for the others ? Obviously sending CCA letter would be acknowledging the debts and would start the statute barred clock ticking again. Is it too late to try that for the one where papers have been served ?
If these two turn out to be enforceable, could I negotiate a payment arrangement for them and hope none of the others raise their heads in the next six months ?

If I could concentrate on a payment plan for these two debts, it will take me a long time to pay off as I do not have a lot of spare income but if I need to include all the original ten (or maybe seven now ?) I will still be paying in the Afterlife.

Any help would be greatly appreciated

[Undercover Elsa]

Re: Advice on Enforceability and Statute Barred please

Hi Purplefairy and welcome to AAD

Sending a CCA Request doesn't acknowledge the debt, provided they're worded correctly. If it was me I'd send requests asap to the two who are chasing you aggressively. I'd definitely try the unenforceable route for those if they're post April 2007. I'd let the quiet ones lie.

If you click on the template link at the top of the page you'll find our free templates, including a CCA Request. I would also recommend starting an enforceability diary so we can deal with each debt individually, to better help you. Read here first for how to start one: http://forums.all-about-debt.co.uk/s...-Read-me-First!


Be careful checking the Credit Agencies...doing so can tend to alert creditors to your existence/whereabouts and chasing letters often follow.

Elsa x

[PlanB]

Re: Advice on Enforceability and Statute Barred please

now pursuing me aggresively and one has served court papers (ironically for by far the lowest debt). . . . my dilemma is they will all become statute barred in six months time (five years from last DMP payment and I am in Scotland).

. . . . Is it too late to try that for the one where papers have been served ?

Hello PurpleFairy and to AAD.

I'm sorry to see you have a court claim for a debt so close to statute barred. Unfortunately once the claim has been issued the SB clock stops ticking.

We've had some success in helping members defend Scottish claims so let's see what we can do to help.

Who is the creditor/Pursuer? How much is the claim for? What is the date on the Citation?

Could you start a new thread about this claim in our Legal Section so we can deal with it in isolation. We'll then take a look at the other ones for you.

Here's where to post > http://forums.all-about-debt.co.uk/s...l=1#post461134

Plan B x

[PurpleFairy]

Re: Advice on Enforceability and Statute Barred please

Thanks Elsa

Didn't know that checking the agencies could stir-up interest. Eek - too late now though !

[PurpleFairy]

Re: Advice on Enforceability and Statute Barred please

Thanks Plan B

I will post details in the Legal Section. I knew that once papers were served, this debt couldn't become statute barred and would have to be dealt with in some way but was worried about sending CCA letters to the other creditors who are currently dormant. I am not sure if I can try to find a solution for this one in isolation or whether I have to tackle the whole elephant ?

[PlanB]

Re: Advice on Enforceability and Statute Barred please

was worried about sending CCA letters to the other creditors who are currently dormant. I am not sure if I can try to find a solution for this one in isolation or whether I have to tackle the whole elephant ?

I agree with Elsa.

Send CCA requests to the ones who are chasing you aggressively but let the dormant ones stay asleep

However before you do anything it may make sense to make a separate post for each account/debt so we can see what's what.

Use this format:

Type of account (credit card/loan)
Date commenced (ideally before April 2007)
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, a DCA or the lender)

[marypoppins]

Re: Advice on Enforceability and Statute Barred please

Hi Purplefairy and welcome to AAD

Be careful checking the Credit Agencies...doing so can tend to alert creditors to your existence/whereabouts and chasing letters often follow.

Elsa x

I've read this before but how does it alert them Elsa?

[MrsD]

Re: Advice on Enforceability and Statute Barred please

it confirms that you are where they think you are and also that you are interested enough to be checking your credit situation, it's an invite to trouble. Best avoided

[marypoppins]

Re: Advice on Enforceability and Statute Barred please

Thanks MrsD

To be honest, I still don't understand

Does it show when I've searched myself? (I only use noddle)

[MrsD]

Re: Advice on Enforceability and Statute Barred please

they all seem to have an alert system so that you've logged in and updated. far far too many posters come on and say they've checked one of the CRAs and they've started to receive letters because when you log in you need to confirm you are you and your address, simples! I have never ever looked so have no idea what is on there,not that interested either since CRAs are private companies making money out of your misery by attaching a series of dubious numbers to your creditworthiness, just another way to keep track of you. Personally I am not interested in being tracked by anyone, let alone money crabbing CRAs

[Enforcer]

Re: Advice on Enforceability and Statute Barred please

Agree, have never checked my credit reports. Why bother they will be trashed anyway by Barclaycard, Barclays Bank, Capital One, Lloyds Bank and possibly more. Realised that I can live without credit!

[Never-In-Doubt]

Re: Advice on Enforceability and Statute Barred please

It's linked to Gone Away & Tracing. So for example you could move & be "off the grid" but once you register with a CRA then they feed and share the data you provide into Delphi which basically sends a feed to everyone showing on your credit file. Think about - all the details you provide to the CRA is then passed on (via automated feed) to all YOUR creditors / banks etc.

Yes, by joining a CRA you're too late. By then you've inadvertently set in chain an event which will result in a flurry of letters after the monthly Delphi feed update between CRA -> BANK

[nanna58]

Re: Advice on Enforceability and Statute Barred please

I've never checked mine either nor will I .

[marypoppins]

Re: Advice on Enforceability and Statute Barred please

Understood now Niddy thank you.

I never go on Equifax or Experien, only Noddle which I thought was the safe one. (probably got that info from CAG! )

[Never-In-Doubt]

Re: Advice on Enforceability and Statute Barred please

They're all as bad. All use similar technology - Noddle is call credit based