Unenforceability Vs DMP

[jaci]

Re: Unenforceability Vs DMP

Ok, just one silly question, I stop payments NOW - as in before I've received agreement?

[Never-In-Doubt]

Re: Unenforceability Vs DMP

yep - you have to..... you're already in arrears aren't you? so it doesn't matter getting a late marker on your credit file. Obviously if you're up to date with payments then no, you'd continue to pay.

[jaci]

Re: Unenforceability Vs DMP

Thanks again!

[Never-In-Doubt]

Re: Unenforceability Vs DMP

welcome

[jaci]

Re: Unenforceability Vs DMP

Ok, so like the barclaycard which shows as up to date on credit file, should I just stop paying that and figure that another late payment or two on credit file won't make things any worse or carry on paying them 'cos at least they're up to date?

Also is it really worth doing this for the smaller ones (like the barclaycard) or is it just the all or nothing approach?

And finally I've already been threatened with court so what if they take it to court while I'm waiting for them to reply to CCCA request.

Apologies for the dumb questions, I promise I am reading.

[Never-In-Doubt]

Re: Unenforceability Vs DMP

Hiya

If you have any adverse on your credit file then trying to preserve it by paying one card will do nothing, you're as well having 10 defaults as one, that single adverse entry has a dire affect on things for you. Therefore if already in arrears or defaulted elsewhere yes, one more won't matter so stop paying. It is up to you isn't it?

Yea they can threaten all day long, so long as you get the CCA request sent asap they cannot take any action - they cannot take action on a disputed debt you see.... so get the CCA sent asap!

[jaci]

Re: Unenforceability Vs DMP

Thanks for that, will get on to it.

[Never-In-Doubt]

Re: Unenforceability Vs DMP

good luck - keep us updated....

[jaci]

Re: Unenforceability Vs DMP

Ok, Sorry I've been missing for a while (v.poorly kiddie), anyway hoping to get letters done and sent this week.

Sorry to keep banging on about this but the thing that is putting me off stopping payments is a some of them have already stopped interest, the only two I'm worried about is the Barclaycard and Natwest - both the unlikelys. Just worried if I stop payments they're gonna start banging charges and interest on left right and centre.

[LooLoo]

Re: Unenforceability Vs DMP

Hi Jaci - i hope little un is better!

I think personally you need to be 100% sure in your mind which path to take and if it is UE then put yourself into Nid's hands and he will guide you.

yes it is scarey once you stop paying but at the end of the day if they are proved UE then you don't need to worry.

I have been very boarder line in which way to go. I have spoken to Niddy about my situation, and as things stand I have just decided to go with my own DMP.

Sorry not great help from me! but you are in the fight place to get good advice!!

good luck

[Never-In-Doubt]

Re: Unenforceability Vs DMP

Ok, Sorry I've been missing for a while (v.poorly kiddie), anyway hoping to get letters done and sent this week.

Sorry to keep banging on about this but the thing that is putting me off stopping payments is a some of them have already stopped interest, the only two I'm worried about is the Barclaycard and Natwest - both the unlikelys. Just worried if I stop payments they're gonna start banging charges and interest on left right and centre.

Hi, thing you have to remember is that when they sell the debt to a DCA and default you, interest stops. So, usually it is best to get them defaulted sooner rather than later as it not only stops any charges being added but it also means your credit file will be clean sooner - put simply, you can make payments via CCCS or whoever for 10 years, then get defaulted and the default would last a further 6yrs meaning 16 years of entries will be visible on your credit file.

get defaulted and this data is wiped after 6yrs from date of default. In theory what I am saying is if you get defaulted in 2010 then no matter what, whether you pay the debt or do a runner, by 2016 your credit file would be default free - one debt = one default.

If you take UE on, you NEED to do it with all accounts, when you enter a DMP they need to know all your creditors as they have to split any disposable income equally between your creditors - so if you're taking a couple off the DMP to chase UE - the DMP is void cos you're not equally sharing payments, the DMP company usually kick you out after this. Basically, i'd look to do it with all your creditors, certainly in the interim apply for a CCA with ALL your creditors, let me see them and then if UE you could stop paying - how does that sound?

So carry on paying (foolishly albeit), and when you get a CCA i'll then confirm for you if indeed it is enforceable or not. Thing is, lenders usually avoid responding to CCA Requests when you're making payments that is why we say to stop, to get them to act......

[jaci]

Re: Unenforceability Vs DMP

Ok, thanks for answering, I know you're right (and Sunnyloo too!) so I will quit the payments and send off for them all.

I've read loads about this lately but if I'm totally honest the banks still scare me when they talk of sending people round and court etc, I know that's exactly the response they want from me but still ... ;Red

Anyway thanks for putting up with me and my silliness

[Never-In-Doubt]

Re: Unenforceability Vs DMP

not sillyness, its fine..... just keep us updated yea?

[jaci]

Re: Unenforceability Vs DMP

Will do and thank you.

[Never-In-Doubt]

Re: Unenforceability Vs DMP

Will do and thank you.

Morning Jaci, any update as yet? ;Hmm