Dlc / hillesdean cca request

gembex

Hi everyone, hope you can help me!

I've been ghosting this forum for a while. Thanks to this website I have got back two thousand pounds in bank charges and two hundred pounds in missold PPI so firstly thanks! However I've now had to register because I need your advice.

I believe my debt with HSBC is now unenforceable. It's a very old debt and I've been trying to get it written off so to speak. I know thats probably not the righty phrase to use but hopefully you know what I mean.

Anyway I sent a CCA request and got a letter back saying that they are awaiting copies of my documents from HSBC and that in the meantime the debt is still outstanding.

Do I still go ahead and send the CCA reminder? What now?

Confused! (It doesn't take much).

DarkConvict

Firstly CCA requests are about checking enforceability, you got that much right.

But lets get this clear, it does not wipe out a debt (those adverts you see on TV are lies), you still owe the money, if you stop payments you will get defaults and late paymeny markers splashed over your credit file which will last for atleast 6 years. See McGuffick v RBS. Several people have done CCA request and stopped paying them came back asking how to repair the credit file/get a default removed, well because they did default by stopping payment then it is next to impossible.
In addition DCAs can still be asked to collect payment.

If you can afford to pay the debt or do want further credit in the near future, then the CCA route is not for you. It is intended more for people who cannot pay so have no need to get further credit.
If a debt is not enforceable, it only prevents CCJ and COs been granted against the debt.

The full CCA process is written here http://forums.moneysavingexpert.com/showthread.html?t=2305463 (flowcharts included)

After 14 days, you can send the remainder.

gembex

Firstly I knew I was going to get picked up on saying the debt would be written off. I know that technically it isn't,l I've just been up all night with a sick baby and words aren't coming freely to me at the moment.

OK so if I stop payments I will get defaults. Does this still apply even though the debt is no longer on my credit file? I'm quite familiar with my credit report (I use equifax) and there is no mention of this debt on there at all and hasn't been for at least two years.

It has been fourteen working days since I sent the first CCA request and then I got the letter as per above. I wish I could post it up here but I'm not alowed. What I want to know is that should I continue payments even though they have not sent me the CCA? I think that would be defeating the whole point of doing this? I cannot afford to keep paying unless it was about a tenner a month and somehow I don't think they'll be happy with that. I owe £2k. I was made redundant chrismas eve, I have a new nursing job but still waiting on the CRB which could take weeks, and even then it's only p/t and I have two children to support.

I'm just looking for some advice on what to do now. The later quoted McGuffick v RBS. Could someone please explain what happened there and how it applies to my case? I'm not familiar with it and it isn't explained in my letter.

Thankyou

DarkConvict

The McGuffick case is basically clarifying the legal position of reporting to credit files, pre Dec 2009, it was argued that an unenforceable debt cannot be recorded on the credit file, this changed as a result of the case. If you stop payment and default they can report this to your credit files. That is experian, equilfax and callcredit, there are 3 you need to watch over. So defaults and late payments can be applied which will ruin your rating for 6 years, implications of bad credit rating - http://www.moneysavingexpert.com/loans/credit-rating-credit-score

I have to pick you up on the wipe off debt because so many people have seen it like this and do not understand what it really means. I also have to dash any hope before building it up Im not strongly against CCA requesting but you need to understand the consequences of your actions.

After the 14 days is up, you need to send the CCA reminder next, then after 14+30 days the next letter, and finally a dispute letter if the CCA is not enforceable. All of this is listed in the flow charts in the previous link. http://forums.moneysavingexpert.com/showthread.html?t=2305463

If you stop making payments and fall into arrears (roughly 3 missed payments), the creditor can place a default against you whether the debt is enforceable or not. The key thing is if you stop paying now and default before finding out if it is enforceable (and say it is) you could end up with a CCJ as you have defaulted on the debt due to none payment.

End of the day, you pay what you can afford to pay, post up an SOA and show us the budget available - http://www.makesenseofcards.com/soacalc.html