Stepchange DMP help

[Warwick65]

Hi Col

It seems the advisor has this wrapped around his neck for some reason, while some of what he says can be true it can also be wrong so I will try to give you my understanding.

If the debt has been defaulted and it shows as defaulted on your credit file then you can not get another default. There are some instances when companies have tried it on but they shouldn't and you may even get compensation if you have suffered a loss. I would keep a copy of your credit report that shows default dates.

I however they manage to get a CCJ then that will show for another 6 years

If however the account only shows AP or arrangement then it will never fall off your credit file, that is why you need then defaulting. I had a couple that did to actually default me until I stopped paying.

You will now be starting the process of the debts hopefully becoming SB after 6 years. I would be aware though that some companies keep long records and even when the debt is statute barred they may be reluctant to open new accounts you may not fit the profile of their preferred customers (HSBC seem to have a profile, although they gave me a credit card:-) ).

[col81]

Good Morning,

After some great advice over the weekend it seems that the debts i have, are not providing the CCA's after several requests. I have took the steps to stop paying stepchange for all debts. I will now manage the plan myself. When i have rang stepchange this am they strongly advised me not to cancel the plan, if i did this i ran the risk of getting another default. I was under the impression you can only get 1 default per debt and then a CCJ. The advisor also said if i don't pay the amounts off in full then the debt continues to show even if it took 10 years! i thought that the debt drops off the file after 6 years even if money is still owed it no longer shows.

The top and bottom is i don't want any further harm doing to myself or my credit file but for now i will attack this myself and see what letters i get.

My hope is i stop paying, they cannot produce CCA's so i no longer have to pay them, i move forward and once my final default drops off in June 21 (6 months) i will be able to look at better mortgages etc etc.

I am not sure what we can and can't say on here but someone was very helpful to me this weekend and there time was much appreciated.

[The Tech Clerk]

Credit agreements should be emailed to Never-In-Doubt (the forum owner) using webmaster@all-about-debt.co.uk

Put your username in the Subject bar and add a link to this thread in your email.

Di

as item in 21 above:- he mean Niddy? as nothing to me!

[Joanna Connolly Solicitors]

I have sent the info to the Tech Clerk i will see what happens and keep rolling. Support much appreciated

Credit agreements should be emailed to Never-In-Doubt (the forum owner) using webmaster@all-about-debt.co.uk

Put your username in the Subject bar and add a link to this thread in your email.

Di

[Joanna Connolly Solicitors]

i am not sure what you mean about the world knowing where i am from? maybe its me not seeing something.

It's about protecting your identity in case a creditor, debt purchaser or solicitors see something - so I've removed the name of the town from your original post #9 in reference to Debt 1.

Di

[col81]

Hi Col

Just thought I would add, you might want to change the name of one of your accounts because I suspect it might tell the world where you live - used to live a few miles from there myself (left more years ago than I care to admit).

Although the enforceability or not of a CCA request is a very good place to start it is not the be all and end all. I have had debts with supposedly compliant CCA replies closed and while another issued a claim if was defeated in court because there was no Default Notice. I had two RBS debts who sent me compliant CCA requests but when they were sold to Cabot, well I sent CCA requests to Cabot and they couldn't produce so closed the accounts.

It is not always advisable to send new CCA requests but, I knew mine were coming up to be SB and I hoped, by sending a new request it would slow them down.

Admittedly most of my debts were quite old but out of more than 20 debts, one of them being £15000, only 1 went to court and they lost. I considered all sorts of options - and I do mean all sorts, glad I didn't and am now home free with more available credit than I know what to do with ( I bought myself a lovely new laptop on interest free credit- I have a guaranteed steady income that will last until after the laptop is paid for).

What I am basically saying is that there is a lot more to unenforceable credit agreements than just the CCA.

I do stand by what I said before, do what is right for you but do think before you make a decision.

Hi,

Thank you, i am not sure what you mean about the world knowing where i am from? maybe its me not seeing something. I have sent the info to the Tech Clerk i will see what happens and keep rolling. Support much appreciated

[Warwick65]

Hi Col

Just thought I would add, you might want to change the name of one of your accounts because I suspect it might tell the world where you live - used to live a few miles from there myself (left more years ago than I care to admit).

Although the enforceability or not of a CCA request is a very good place to start it is not the be all and end all. I have had debts with supposedly compliant CCA replies closed and while another issued a claim if was defeated in court because there was no Default Notice. I had two RBS debts who sent me compliant CCA requests but when they were sold to Cabot, well I sent CCA requests to Cabot and they couldn't produce so closed the accounts.

It is not always advisable to send new CCA requests but, I knew mine were coming up to be SB and I hoped, by sending a new request it would slow them down.

Admittedly most of my debts were quite old but out of more than 20 debts, one of them being £15000, only 1 went to court and they lost. I considered all sorts of options - and I do mean all sorts, glad I didn't and am now home free with more available credit than I know what to do with ( I bought myself a lovely new laptop on interest free credit- I have a guaranteed steady income that will last until after the laptop is paid for).

What I am basically saying is that there is a lot more to unenforceable credit agreements than just the CCA.

I do stand by what I said before, do what is right for you but do think before you make a decision.

[col81]

Hi, info sent to the moderator email. Thank you

[col81]

Thank you I will send them to the webmaster email shortly. Much appreciated

[The Tech Clerk]

so many so called you owe us companies fail in court as they are not entitled to monies from people like you, so why pay them???:- when they know you are being cashed cowed!??? has happened to many who regret not follow advice! if I sent an invoice to you for £5000 would you pay it to me?? a stranger who has stated you owe me monies???

[The Tech Clerk]

send un-redacted copys of all CCAs to webmaster@all-about-debt.co.uk for checking to see if enforceable or not that is (Niddy)

[col81]

Hi,

Thank you. Who is Niddy please? I went it all to Diane but there was 80 pages in total so I dont expect anyone to take time to look at things for free.

Thank you

[Warwick65]

Hi,

I suppose the thing is that the paperwork is that complicated i have no idea if the other debts are enforceable. To be honest i just want rid of them asap. I am thinking of upping my settlement on the outstanding ones to 50%. If i have for arguments sake £7500 on Stepchange with £3500 removed i owe £4000. I would be happy to settle at £2000 if i could. I just want to move on ive been stuck with this debt for so long. Thank you

Hi Col

I get that you want rid and if it really is the right thing for you then do it BUT if you have responses to CCA requests why not send them to Niddy and see if he thinks they are enforceable.

The thing is, I suspect that if you are still paying or have only recently stopped then the DCA might just think of you as a nice income stream - you will be an asset - so they might not even accept 50% . I don't know as I am not in their head, my own is enough of a mess without looking at someone else's .

[col81]

Hi,

I suppose the thing is that the paperwork is that complicated i have no idea if the other debts are enforceable. To be honest i just want rid of them asap. I am thinking of upping my settlement on the outstanding ones to 50%. If i have for arguments sake £7500 on Stepchange with £3500 removed i owe £4000. I would be happy to settle at £2000 if i could. I just want to move on ive been stuck with this debt for so long. Thank you

[Joanna Connolly Solicitors]

Hi Di,

Debt 1

No response no CCA as this is community loan agreement so i have been told. (still paying through stepchange)

Debt 2

No change still paying

Debt 3

CCA on way so i am told but has never turned up. (Stopped paying and took out of stepchange plan to see what happens)

Debt 4

Received CCA (still paying stepchange)

Debt 5

Letter stating they cannot find the CCA so stopped paying and took out of Stepchange)


I haven't had any letters other than the mass i sent to yourself. I have took a gamble and stopped paying 2 of them so lets see what develops.

That sounds like progress to me, especially Debt 3 and Debt 5.

You should now feel pleased that your offer to settle was refused

Di