Unenforceability and old debts

longhauladdict

Hi all

Long time lurker and occasional poster here, but I really need some advice now.
My mum is 67 and is on a DMP with CCCS (16 months into it), paying £350 per month. However we have just had to decrease this as my dad has been diagnosed with bowel cancer. However the signs all look good and he is awaiting surgery. To make matters worse, my mum is also ill with colitis and diabetes and they are both pensioners!! And who was it who said that children are hard work!!!?:)
Anyway, some of the creditors are being really awful to her even though she is repaying and most are still applying interest and late payment fees (which we are challenging and getting some reclaims back). We are also awaiting decisions from the FOS on mis-sold PPI.
In the interim, however, I am sure that some of these must be unenforceable, one debt goes back to 1988 and it has increased by about £500 since the start of her DMP due to charges!!!:mad:

Can anyone hlep out by explaining next steps. We don't want to avoid the debt or stop repaying just because we can, but simply if there are some who are being really awful and unfair then it would be nice to know they are unenforceable and to consider stopping paying them.

So far from reading other threads, I know we need to request the CCA's, if it is not returned within 12 days then she needs to stop paying it.
If it does come back then we need to check the validity of it.
If it is not enforceable, then my mum needs to stop paying it- how can she if CCCS are paying it on her behalf?
If it is unenforceable then they can't go to court, or at least get an order against her?
Her credit record is already wrecked so no issues there (she will NEVER have credit again- trust me!!!:)) and we will deal with any doorstep collectors etc as advised on this site....

Is there anything else we need to know, and also what to expect??

Thanks so much for all of your help, this site is amazing
xxxx

king100

Seems you have it sorted, they still can ask for the debt to be paid, but you can stop doorstep visits by a simple letter and you can stop phone calls by a simple letter.

Personally I would go to CAG -Consumer Action Group and post there they have a brilliant library of letters to send.

longhauladdict

Thanks for this.
However, at the risk of sounding dumb, if she sends the letters on doorstep visits and phone calls when needed, they will eventually go away, or just keep hounding her until the 6 years is up? Is there a letter to send once we know if it is unenforceable?
Also, any ideas on how to deal with CCCS as obviously they make the payments on her behalf?

Thanks

longhauladdict

Hi

Sorry, further question, should there be a CCA relating to catalogues/mail order?
Thanks xx

BigCraigJohn

Google all about debts forums, join and post up there. You'll get personal advice on each agreement. Dont click the damn ads at the top but its the first proper site.
Cant post the link here as it gets blocked but the bloke running it used to do the tread over here on ue.