Full and final settlement help thread

[Deleted User]

moneyangel22 wrote: »

Thanks for the reply carbootcrazy.

I thought I read that you can apply for a CCA request once a month and if they can't provide the paperwork (in my case years after they sent the first copies) then the debt is unenforceable?

Thanks

Not much point applying every month really, seeing as it costs £1 for each request. If they can't provide the paperwork the first time you send your £1 just leave it be until they do. 2 of my creditors actually wrote and told me that they could not find any paperwork and the debts are Unenforceable, another one is still looking after about 8 months:rotfl:. I haven't paid them anything in the meantime:j


If they just sent copy agreements years ago and not because of a CCA request they may have destroyed records by now. Sounds as if they are older debts anyway so might be worth doing a CCA request to see what they can come up with.

[Deleted User]

moneyangel22 wrote: »

Actually thinking about it, it wasn't a CCA request I did in the past I believe one or two of my creditors sent copies of the original agreements to show I didn't have PPI when I asked about that previously. Can I still CCA request them and hope they no longer have the info?

I'm not sure whether you would get an different information back other than more copies of what you had before. Unless years have gone by and they have destroyed records because of age.

I hope sourcrates or fatbelly will be along soon to advise you better than I can.. Sorry I'm not much help:o

[Deleted User]

moneyangel22 wrote: »

Two more questions...if I CCA the ones I don't have agreements for...some of them drop off my credit file this year (all marked as defaulted, no CCJ's). If they are able to provide the agreements and then get annoyed with me and decide to get a CCJ against me, will they appear back on my credit report with the date of the ccj?

And if any debts do prove unenforceable and they write them off do they disappear off my credit file or do they stay on until the 6 years is up?

Many thanks

Sorry, have no idea of the CCJ situation but as I understand it a debt will drop off your credit file 6 years after first being defaulted not 6 years after being settled. The 6 year period for settled debts applies if there was no default previously.

moneyangel22

Thanks again for the advice.

Yes they are older debts (around 2008/2009 and most defaulted in 2012). I am trying to get a few debts cleared...we have paid some smaller ones off but have many larger ones we cannot ever hope to pay off. I can't work due to ill health (the reason they defaulted in the first place) and my Husband has had a big pay cut so he can be around more to look after me and the kids....our living costs keep rising and we are living hand to mouth every month!! I just want this big anchor around our necks broken!!

All our creditors have been very good over the years I have to say. They have been happy letting us pay just £1 for ages but not as good at accepting f&f's despite the fact they will never get their money back from us at £1 per month!! We don't have any savings...the f&f's we have managed to scrape together in the past have been taken from money to buy food etc for the month so we just had to go without as much so we could get rid off a couple of them....but that is not something we can keep doing!! .
We are homeowners with young children so bankruptcy is not an option either....I really hope we can get some of these written off due to unenforceability!

moneyangel22

fatbelly wrote: »

If you made a formal s77-79 request (in writing, £1 payment) then any court action by the 19k creditor can be stayed until they comply with the request, which they can do by reconstructing the agreement.

You can of course make an offer direct to each creditor. I think it unlikely that they will accept 21% but it's a good starting point. And the more question marks you have over enforceability, the more likely you are to get a result.

You are correct that for post-2007 accounts the s127(3) argument does not apply as that section was removed from the 2006 CCA Act. [/COLOR]

The OFT used to explain things as follows:

Sorry, can someone explain to me what this means please?

If you request a CCA they are allowed to draft a new one if they don't have the original?? confused

fatbelly

moneyangel22 wrote: »

Sorry, can someone explain to me what this means please?

If you request a CCA they are allowed to draft a new one if they don't have the original?? confused

You've quoted one of my posts from 2.5 years ago!

On your first point, s127(3) was removed in April 2007. Edited a bit it says

The court shall not make an enforcement order ...unless a document ...containing all the prescribed terms of the agreement was signed by the debtor or hirer

so that means you cannot rely on the non-production of a signed agreement to automatically mean the account is unenforceable for post 2007 accounts. Even for accounts started before that, it is not a 'done deal' as that post explained

On your second point, a reconstructed copy of your agreement can fulfil the requirements of a s77-79 request. This is explained in

The copy agreement CONC 13.1.4

moneyangel22

fatbelly wrote: »

You've quoted one of my posts from 2.5 years ago!

Lol! yes i was reading back trying to get more info

On your first point, s127(3) was removed in April 2007. Edited a bit it says



so that means you cannot rely on the non-production of a signed agreement to automatically mean the account is unenforceable for post 2007 accounts. Even for accounts started before that, it is not a 'done deal' as that post explained

On your second point, a reconstructed copy of your agreement can fulfil the requirements of a s77-79 request. This is explained in

The copy agreement CONC 13.1.4

So as my accounts are all post 2007 if they can't provide a copy of the agreement it DOESN'T mean they are unenforceable?
what makes them unenforceable then?

Thanks

moneyangel22

carbootcrazy wrote: »

Sorry, have no idea of the CCJ situation but as I understand it a debt will drop off your credit file 6 years after first being defaulted not 6 years after being settled. The 6 year period for settled debts applies if there was no default previously.

Thanks. I understand that they will all drop off my file shortly as most defaulted nearly 6 years ago. What I am worried about is the fact they still won't be paid off very quickly so if the creditor decided to take further action, i.e. CCJ will it reappear on my file and be on there for 6 years from the CCJ date??

Im probably worrying about nothing as the debts are so old and they all know my situation so know it would be fruitless persuing it but who knows what they will do.

fatbelly

moneyangel22 wrote: »

So as my accounts are all post 2007 if they can't provide a copy of the agreement it DOESN'T mean they are unenforceable?
what makes them unenforceable then?

Thanks

If they don't provide anything, it's unenforceable until they do.

A lot of creditors do admit defeat at that point.

Ultimately only a court can declare something unenforceable

AnxiousTheElephant

Opos Limited have offered me £210.87 down from 324.42.

Do you think i could push for more? They did say this is the lowest they would go. I don't know if it is worth it but should i set up payment plan of £1 a month they go back to them with a lower offer after a few months?

I am currently out of work and in the process of claiming universal credit which will be around £300.

thanks!!