Unenforceable debt help

fion4

Cut a long story short I had a catalogue, it went to a debt company, ive asked them to provide me with the original signed documents, heard nothing for 6 weeks. Rung them today they said the catalogue company cannot find them so they said the debt has been written off unless they find them no further action to be taken case closed was his words

So i feel left with questions and a bit confused hoping someone can a shed a bit of light on this.

Ok so does this mean i dont pay unless they find them??
if so does this effect my credit file?
Should i ask for it in writing?
what will they do with the debt now could it be sold on and i go throw the same with another debt company?
Seems too good to be true for them to say the debt has been written off no further action taken.

Help

Regards
fiona

Tixy

Hi

all the answers should be in the first few pages of this thread http://forums.moneysavingexpert.com/showthread.html?t=2305463
including the consequences of non payment to your credit file.

fion4

Tixy wrote: »

Hi

all the answers should be in the first few pages of this thread
including the consequences of non payment to your credit file.

ok thank you. I would of thought if they said the file closed no further actions taken they wouldnt be any consequences of non payment or am i wrong?

fermi

fion4 wrote: »

ok thank you. I would of thought if they said the file closed no further actions taken they wouldnt be any consequences of non payment or am i wrong?

It's possible that they won't I suppose.

However, they would be within their rights to record a default on your credit reference files. That has been tested and confirmed in the High Court, so you are not likely to have any comeback if they do.

never-in-doubt

Totally agree with other comments - but worth noting if the DN was incorrectly executed, or had mistakes then it can be removed.

Otherwise, sit back and see what happens for now. Unless they provide the original then they cannot enforce anything, but you will be left with a default.

It may be a better option, if this is the only account you're having problems with, to offer a F&F settlement and request default removal as part of the process.

Otherwise, nothing further to add - well done :T

fion4

Thank you so much for you replys.

two more question to add sorry.

If they have default it already and i left it at that, from now would they leave my credit file alone or would they keep hacking it do you know.

and if i was to offer a full and final settlement on £3883 what would be a reasonable amount to offer.


Regards
Fiona

never-in-doubt

fion4 wrote: »

Thank you so much for you replys.

two more question to add sorry.

If they have default it already and i left it at that, from now would they leave my credit file alone or would they keep hacking it do you know.

and if i was to offer a full and final settlement on £3883 what would be a reasonable amount to offer.


Regards
Fiona

If they have defaulted you then it stays for 6 years from date of default and would then drop off - never to be added again (one debt = one default)....

You should look to offer what you can reasonably afford but on a £4k debt, no more than £1000 to start with, leading to £1500 maximum...

For that though, i'd be wanting the default removed.

fion4

Is it something they can do, remove the default?

never-in-doubt

fion4 wrote: »

Is it something they can do, remove the default?

Yes, or you need to speak to guys like us who can get them removed for you as well

fion4

never-in-doubt wrote: »

Yes, or you need to speak to guys like us who can get them removed for you as well

its the only debt i have so would prefare the default removed. Would you advise me seeing if they would do it at a cost first or how do you get them removed?

Regards

Tixy

http://forums.moneysavingexpert.com/showpost.html?p=30356419&postcount=27

This is a letter by (niddy) Never-in-doubt that asks for a default removal in exchange for a F&F. Only you may want to check with niddy first before you send it that its the right one to send with regards to your debt being unenforcable.