Cca

Stuckinarut

I currently have a DMP in place, and have just gained access to my Equifax credit details, and it wasn't as bad as I thought(going to tackle one company at a time).

Anyway my question is, even though I am in a DMP and payments are being made, can I still get them to prove that there is a CCA in place?

fermi

Nothing stooping you.

But you should be clear in your mind why you are doing it.

I think there are quite a few people on The DMP Mutual Support thread who have done so. They would be the best peole to ask about doing it while in a running DMP.

Triggles

I think first of all, are you running your own DMP or are you with CCCS or Payplan (or someone else?)? My understanding is that they rather frown on the CCA route as it can interrupt your DMP somewhat. We are on a DMP and doing the CCA requests as well, however, we are self-managing our DMP, so we can adjust things accordingly.

Secondly, when is your debt-free date? If it's within the next 2-3 years, I would consider simply continuing your DMP. By going the CCA route, it's highly likely you will not technically be free of the debt for over 6 years (after they are statute barred) as most companies are not going to write back to you and say "oh yeah, you're right, it's unenforceable, you're not going to hear from us again." Most of them argue the point and even though they can't take it to court if it's unenforceable, they can still attempt to collect and trash your credit rating for the next 6 years. If we were able to get debt free within 2-3 years, I would go that route - less aggravation with a satisfactory finish.

I'm certain there will be more people along as well that are going the CCA route that can offer further advice. The main thing to remember (IMO) is that everyone's situation is different and you have to decide what is the best for your specific situation.

saltnvinegar

Hi Stuckinarut

You are legally entitled to ask for a copy of your orginal CCA. This is the reason why there is a process for dealing with it and a max fee that creditors can charge you for it.

What you have to ask yourself, especially if you are on a DMP that has been accepted by the creditor you intend to CCA, is this:

How will the creditor interpret the intention of asking for a CCA?

If your creditor interprets this as you are looking for a way of not paying the debt then there is a possibility that this could put their agreement to the DMP at risk.

However in this scenario I think you could argue, quite reasonably, that you wanted the original copy of the CCA to cross check interest rates etc to confirm the balance of your debts within your DMP and you can then choose on a course of action from there.

If they do not have a copy of the CCA and if you choose to go down the unenforceability route then this needs careful consideration of the pros/cons.

As has already been pointed out if your DFD is in only 2-3 years then UE may not be sensible.

However, where I have used CCA and UE to good effect was with a creditor who was being awkward about agreeing to my DMP. When they admitted they couldn't produce a copy of the CCA suddenly they were more agreeable!

I would have been quite within my rights at this point to have not paid a penny but I have chosen to pay it off.

Ultimately you can ask for a CCA and then how you choose to play it once you get a response is entirely up to you!

Good luck whatever you choose to do!

SnV

Stuckinarut

Thanks for that, I am currently with CCCS for my DMP. My Debt free date is much more that 2-3 years away, it is about 20 years down the line. I might get them to provide a copy of the CCA and then take it from there.