DMP and then CC Unenforceability ?

fiscalfool

Just a quick question.

If I enter a DMP with CCCS or Payplan, can I then go on in a month or so to challenge the enforceability of some of my cards?

I need to take action now with my debts, but suspect that some of them may well be unenforceable!


Thanks.

immoral_angeluk

What makes you think some of them are unenforceable?

niccatw

I'm not entirely sure, but I suspect if you begin to pay them through a DMP, you couldn't then persue them as unenforceable as you have made a payment and admitted liability.

I know there are others on here that have more expertise on this than I do (Tixy knows her stuff re statute barred, so hopefully she'll pop by and be able to give you more concrete advice that I can).

fiscalfool

immoral_angeluk wrote: »

What makes you think some of them are unenforceable?

Nothing concrete. I'd have to complete a DCA to know for sure, but about half of them are taken out before the deadline. So if it's possible that they are unenforceable, then surely it's worth a bash!

fiscalfool

niccatw wrote: »

I'm not entirely sure, but I suspect if you begin to pay them through a DMP, you couldn't then persue them as unenforceable as you have made a payment and admitted liability.

I know there are others on here that have more expertise on this than I do (Tixy knows her stuff re statute barred, so hopefully she'll pop by and be able to give you more concrete advice that I can).

Ah if paying them suggests acknowledgement of the liability, then I'm stuffed, as at present everything is up to date.

immoral_angeluk

With the greatest of respect, I'm one of these that believes that doing CCA requests etc in the hope of them being unenforceable when you know that you took out the debt, agreed to the terms etc and accept that you are liable for them, then you should do what you can to repay it, rather than looking for loopholes to get out of paying them.

And yes, fully aware I'm prob in the minority on this board now. lol

fiscalfool

Thanks for that, I understand the moral argument. I was simply asking the question with regards to whether it is feasible or possible not only for my own benefit but for others.

Like many on here, I've got into problems, and am in process of learning my lesson. For every honest person who pays every penny off, there are many more people who will simply go awol, or just avoid their debt. If these institutions who have increased rates from under our feet, loaned money irresponsibly and consequently have now left many people high and dry have for some reason not done their job properly, then I for one am quite happy to exploit that if I can.

This ins't a rant at you Immoral_AngelUK ... but just a general comment for all the rest who wade in with "You took out the debt, you pay it" comments.

fiscalfool

Sorry if that last comment seemed a bit defensive, but like others here, I'm keen to reduce my debt as quickly as possible, and at times I find some responses on here a bit officious. I'd started a general rant about people's responses to SOA postings, but changed my mind!