CAA request updates / results part 2

pebbles88

never-in-doubt wrote: »

Hiya am I right in thinking you sent this to Tesco, no response to date? #240

If so, then send this to Triton and then await a response from Tesco as planned:

arrggh i so angry, just received another letter from triton spouting some utter crap about 'despite our best efforts to contact you we have not been able to!' and they seem to operate from 2 different addresses too

i have added some onto that last letter you did for me :mad:
im so angry im shaking!!

Mateusrojo

Hi all

Been reading a lot of these threads with interest and would like to ask some questions and try to confirm some thoughts. Thanks.

• If you have had contact with a dca does this mean you already have a default on your credit file?
• If you have a default/defaults (does the number matter) is there anything you can do which will “fix” your credit rating other than managing to pay off the debt.
• If you don’t have defaults then does a dmp or an IVA offer any advantages over trying to go down the unenforceable route? Do they not also affect your credit rating? (Ignoring any arguments to repay on grounds of morals)
• If the debt is mostly in your own name and your spouse does not have defaults then will his credit rating be affected by association if you take the unenforceable route
• Are there any differences to all of this if you live in Northern Ireland – someone had lead me to believe there was a two year limit at the moment for things on your credit file
• Are there any threads where people have had their debts wiped using a company and had money repaid to them
• Are all unenforceable debts now automatically lodged as a default (since Manchester cases) or has anyone had debt not pursued and marked as satisfied?

Thanks in advance for help on this – trying to decide what to do – debts of around 40k

never-in-doubt

Mateusrojo wrote: »

Hi all

Been reading a lot of these threads with interest and would like to ask some questions and try to confirm some thoughts. Thanks.

• If you have had contact with a dca does this mean you already have a default on your credit file?
  No! A debt can be sold at any point, usually after one late payment and just because a DCA gets in touch does not mean you've been defaulted but chances are you will have missed at least 3 payments so your credit file will be a mess due to the late payment markers. You may, for the same respect have a default/ccj - depends on when you actually last made a payment.

• If you have a default/defaults (does the number matter) is there anything you can do which will “fix” your credit rating other than managing to pay off the debt.
  Defaults are classed as adverse markers and will last for 6 years from the original date of default (one default per debt). A default will hinder you getting credit whether paid (settled) or outstanding.
  
  Read here for details of CRA's: Credit Reference Agencies
  

• If you don’t have defaults then does a dmp or an IVA offer any advantages over trying to go down the unenforceable route? Do they not also affect your credit rating? (Ignoring any arguments to repay on grounds of morals)
  Yes, unenforceability affects your credit file and the lender/dca will 99% of the time default you. But the key difference being that you may be in a position not to repay the debt; whereas otherwise you could evade it for 5 years, think you're home and dry and realise they added a CCJ. Bummer. With unenforceability, no court action (ccj) can be obtained.
  
  Morals do not win in court, law does.

• If the debt is mostly in your own name and your spouse does not have defaults then will his credit rating be affected by association if you take the unenforceable route
  Well if you are 'financially linked' then yes, any default obtained by one half will have an effect on the other half. Basically you need to make sure you have no joint accounts or joint mortgage etc to avoid being financially linked.

• Are there any differences to all of this if you live in Northern Ireland – someone had lead me to believe there was a two year limit at the moment for things on your credit file
  NI is the same as UK; data is instantly reported in line with CAIS/INSIGHT processes which means lenders should make a report within 30 days. However each lender does their own thing; some report from day one - others don't bother at all.

• Are there any threads where people have had their debts wiped using a company and had money repaid to them
  Forget using a company - its a con! Read here for DIY version - it is free as well: Unenforceability & Template Letters III will not help you do a runner from debts, but otherwise if you feel snowed under and need some help feel free to post there. Debt evasion is not something I, or many on her, tolerate.
  

• Are all unenforceable debts now automatically lodged as a default (since Manchester cases) or has anyone had debt not pursued and marked as satisfied?
  It depends on specific circumstances. The McGuffick case (not manchester) allowed for defaults (normal collection activities) to be allowed; see page 1 post 1 here for the judgement: Unenforceability & Template Letters II . Suffice to say, most lenders will add a default - yes.

Thanks in advance for help on this – trying to decide what to do – debts of around 40k

My replies are above in red, next to your original quote.... If you have such large debts then unenforceability could be an option; however i'd think long and hard and also if you have a mortgage then a CO could be issued so you need to think long and hard about this - basically forget credit for at least 5-6 years.... can you handle this?

Out of interest, whatever you do will have an adverse effect on you for at least the same period of time.

Good Luck - post here if you decide to try unenforceability process: Unenforceability & Template Letters II

Mateusrojo

Thank you for your advice above. If you can bear with me a couple more questions:
1. I presume that there is no point in trying to reclaim charges if I will utimately need to try for unenforceable - Does the credit card company automatically use any repayment to pay down your debt.
2. I am a little dismayed that any default remains for 6 years - once this happens what is the incentive to anyone to try to pay their debt if it doesnt help their credit rating - does a responsible payment plan impressive future lenders?
3. I do feel obliged to try and repay debt but very frustrated at the moment be credit card companies who keep increasing interest rates and pushing me further into debt - also given point 2 above part of me now thinks what is the point? - if my credit rating is wrecked in either case for 6 years then why keep up the effort if there is no benefit to this? Am I wrong in this? does a dmp or IVA really offer anything other than a token?
4. Can you explain a little more about the mortgage and a co - I do have a separate mortgage to my husband - taken our pre our marriage 3 years ago - he also has a separate mortgage to me.

thanks again.

PS - was not really considering using a company BUT just curious if anyone has found there work to be true? has anyone ever had money repayed either with a company or without?

never-in-doubt

All answers to anything you can think of are over here, as directed twice in my last post to you - have a read, it'll teach you everything you need to know: Unenforceability & Template Letters II

Mateusrojo

Thank you! - sorry for missing it - had been reading numerous threads and posts and had thought I'd been to this - so much information on here!! Now reading furiously again!

never-in-doubt

Mateusrojo wrote: »

1. I presume that there is no point in trying to reclaim charges if I will utimately need to try for unenforceable - Does the credit card company automatically use any repayment to pay down your debt.?

Yes, any refund of charges is offset against the debt; if you are attempting unenforceability then you're right, the fact that the balance could be £500 cheaper doesn't matter if you plan not to pay it.

Mateusrojo wrote: »

2. I am a little dismayed that any default remains for 6 years - once this happens what is the incentive to anyone to try to pay their debt if it doesnt help their credit rating - does a responsible payment plan impressive future lenders??

There is no incentive other than the fact they hassle you. I am specifically relating to unenforceable accounts; if the debt is enforceable then the lender can pursue the debt through the courts meaning different outcomes, obviously.

Mateusrojo wrote: »

3. I do feel obliged to try and repay debt but very frustrated at the moment be credit card companies who keep increasing interest rates and pushing me further into debt - also given point 2 above part of me now thinks what is the point? - if my credit rating is wrecked in either case for 6 years then why keep up the effort if there is no benefit to this? Am I wrong in this? does a dmp or IVA really offer anything other than a token??

You're right in what you say, but I cannot encourage or discourage you to seek unenforceability or not. Obviously going on what you've said so far your mind is set, so send the following letter (+£1) recorded delivery to each creditor for accounts taken before April 2007. Obviously if one of the creditors is your current bank, then you need to get a new account as they will offset the balance towards any debt.

Letter to send is here: 1. CCA Request

Mateusrojo wrote: »

4. Can you explain a little more about the mortgage and a co - I do have a separate mortgage to my husband - taken our pre our marriage 3 years ago - he also has a separate mortgage to me.?

Can you confirm, you have a mortgage and a company? If not, what does 'co' refer to?

Basically you'll struggle to get credit, so if you wanted to sell up (both of you) and get one joint mortgage you may struggle, certainly in the next 6 years if you end up defaulted.

Mateusrojo wrote: »

PS - was not really considering using a company BUT just curious if anyone has found there work to be true? has anyone ever had money repayed either with a company or without?

Yes, Cartel were involved in a lot of what went on at Manchester (test cases) but there are as many people who have used the thread here: Unenforceability & Template Letters II and got theirs sorted - latest is here: http://forums.moneysavingexpert.com/showthread.html?p=30077301#post30077301

Mateusrojo

Hi NID

Yes I do have a mortgage - my query was around the fact that in first reply you said that "if you have a mortgage then a CO could be issued" I should have used capitals in my question - I was wondering what this meant. Also as a separate issue - we (husband and self) do have a company together - this is our income source but due to current economy it is not performing well - we can cover our business outgoings but it is leaving little for us to live on which is why we are getting into a personal mess - (Company is a limited one.) We have one joint bank account which has an overdraft of £3000 which we are paying down each month and husband also has a separate account (with same bank). My former house is currently rented out (my mortgage) and we are living in husbands house (his mortgage) I still have my mail going to old house - due to economy selling my house was not possible which is why luckily it is rented - but still have to contribute to mortgage each month as rent does not cover. Think most of my cc's are old - but may have one which CCA will not apply to - but if I only had one to pay each month then life would be alot easier! Still reading other thread!! LOL - may have to stop for a tea break soon.

never-in-doubt

Haha - lots of reading but you'll learn so much - stick the the first 10 pages and last 10 to get a good idea but there is useful info throughout so you need to determine if you want to learn or leave it for us to deal with lol....

Right, a Charging Order may be applied for by a lender, not if the debt is unenforceable naturally, as no action can be taken (see my signature) - but bear this in mind if you stop paying..

Otherwise it's up to you, worth sending a CCA off for the sake of a quid, isn't it?

Mateusrojo

Ok - so I should send off for CCA's as soon as poss - but in meantime should try to pay (something/anything) to prevent someone putting a charging order on my home? OR - (trying to keep this straight in my head) at which point does account go into dispute - is it with first letter request and i can then stop paying? And if correct at this point they cant put a default on my file?? (but can once I say it is unenforceable) (confused!!)
Had been making the payments (albeit late and erratic) untill about 3 months ago - last few times have given them some money when i have had it...