Cca

bananah

Hi,
I've had a quick look around on the forums, but thought I would start a new thread to get the full picture on this.

My wife and I are in a DMP, and have heard from others about the potential of trying to manage this ourselves, and offer full and final settlements (I know CCCS won't do this). I have some fears around this - will creditors be less likely to accept offers from us, rather than CCCS?

Also, the idea of getting debts written off my asking for the original CCAs. How does this work? Do we literally just write to them? I noticed on one post someone was immediately taken to court - is this usual?

What are the chances of the debt actually being unenforceable?

I know there are numerous moral aspects to this, I just want to try and get the full picture.

thanks for any adivce

mrsvickibera

I received a letter from a Lowell Financial chasing for a £700 odd debt for Mastercard.

I wasn't sure which of my credit cards this was for and I am in a DMP so all credit cards are being paid.

I used this letter http://www.nationaldebtline.co.uk/england_wales/temp/2649_66381.pdf to write to them to find out who the original agreement was with.

I got a letter back a while later saying Mastercard couldn't find the credit agreement and they would not contact me again for the money.

I called Churchwood who run my DMP and was advised that they had also called them and advised them not to pay them any longer!

Result, i say!

GeorgeUK

Here are some details on the CCA requests. There are template letter on the board too.

Details: http://forums.moneysavingexpert.com/showthread.html?t=578486
Legislation: http://forums.moneysavingexpert.com/showthread.html?t=1496721

You can be in a DMP and still make offers to creditors yourself. You don't need to do the DMP yourself before you can do the F&F letters.

bananah

thank you so much!

bananah

Hi,
We've started to put letters together to our creditors asking for CCAs.

We're also thinking about offering full and final settlements to some of the creditors, but we understand that the CCCS does not allow us to do this, without making payments to all. Is this definitely the case? For example, some of the creditors do not want to 'play ball' and are still charging huge interest on our debts.

Is it OK to make F&FS offers whilst in a DMP, only to some of the creditors and not all?

thanks again

GeorgeUK

CCCS try to assure creditors that they are all being treated equally which may be why they try to get you to make offers to all creditors rather than just a select few.

If you have £50 available though, you may be able to come to an agreement with a creditor that you owe £500 to but not one you owe £5000 to. It would be great if they did accept though.

CCCS will naot make F&F offers on your behalf. There is nothing to stop you from making the offers though and if any are accepted, all the others will get an increase in the payments they are receiving as there are now less creditors seeking payment too. So they should be happy with the outcome.

If a creditor approached you to offer a F&F settlement, CCCS would not advise you to not take it because the others may want to make an offer, but haven't yet.

You can make an offer at any time but CCCS will probably not be able to assist you with this.