Very Old DMP - 2005

[Overworked123]

Hi

i have a DMP with Payplan which started in 2005. I’ve been paying £60pm since 2011 when my circumstances changed. It’s such a nominal amount really that I didn’t pay much attention to it.

This year Payplan contacted me wanting bank statements and payslips for the review. I sent them nothing but this triggered me to log in and have a look at everything. Well.... I had been paying £300pm from 2005-2011 when I got divorced. Psyents were chunking down the debts albeit slowly, but after spending a whole afternoon looking at what I owed I realised that after my circumstances changed for nearly 12 months they hadn’t proportionally redirected the lower payment.

All my debts were started from prior 2000 and the latest estimate started 2004. Most defaults registered 2006 and then dropped off credit file in 2012.

Given these contracts are pre 2007 are the bulk likely to be UE with them being nearly 14 years old or even theses ones still enforceable. My DMP won’t be cleared until I’m well into my 80’s and I also wondered the position of debt claims on my estate with UE agreements.

Can am I investigate the UE but just carry on with my £60pm? As it keeps them quiet or in perusing UE do I have to stop paying my DMP for them to confirm UE as prescribed by the FCA. Tthey all stay quiet as they are ( I wonder if this is due to the ages of them)

Does anyone know the position of a UE debt on an estate in the event of death? I’d like my executors to have a file of paperwork to show this even if I continue with my £60pm keep creditors quiet. They’ve all happily had this very small payment since 2011.

thanks in advance

[Warwick65]

You do not have to stop payments in order to send CCA requests however if it were me I would send them out just after a payment and if they have not replied with a compliant cca before the due date of the next payment , then stop.

I do hope you have no immediate plans to worry about unenforecability after death

As for the UE debt being part of an estate - well maybe Diana Mayhew can answer that but my thought is that no it can't but it would help if your administrator/executor knew the score. Remember as well there are some priority debts that must be paid before any others , these include funeral costs .If you don't own property I suspect a letter from the administrator saying there are no available funds might just cause them to close the account - it was all i had to do when i administered a small estate - i was even able to pay reasonable costs before the debts such as travel costs to clear the property although I miscalculated and had to pay part of the headstone out of my own pocket.