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Help & advice needed re CCA

I have £20K of debt which I am paying off at a rate of £50 a month through the CCCS. I think my debt free date is 34 years away! :eek:

I hope to be in the situation where I can get enough money to do full and final offers as this is the only way I can see I can get our family out of this situation.

My brother did a CCA letter, was told his debt is unenforcable and has now stopped all payments. I've spent months considering the moral implications of a CCA - the debt is mine and if circumstances were different I would have liked to repay it in full.

I still don't feel I could do a CCA letter and then walk away from the debt if they can't provide signed agreements. If a bank cannot provide the agreement I'm hoping this will make them agree to a low F&F.

My question is, if they say the debt is unenforcable and I reply with "how about a low full & final settlement then" does that 'prove' to them that I am admitting I owe the debt and make the CCA letter a waste of time?

Really not sure what to do so any help much appreciated!

Comments

  • chanz4
    chanz4 Posts: 11,057 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Xmas Saver!
    If your through cccs they wont take kind to you using a cca route, its about working to resolve your debts not trying to avoid. Although it is unforcable throught he courts they can still chase you and default you
    Don't put your trust into an Experian score - it is not a number any bank will ever use & it is generally a waste of money to purchase it. They are also selling you insurance you dont need.
  • oscar52
    oscar52 Posts: 2,272 Forumite
    My question is, if they say the debt is unenforcable and I reply with "how about a low full & final settlement then" does that 'prove' to them that I am admitting I owe the debt and make the CCA letter a waste of time?

    If you are sending a "Prove it" letter and then offering payment, then you are by default admitting you owe the debt.

    Very few people would pay for a credit card / loan / bank account that belonged to Joe Bloggs if their name was Mickey Mouse. (dont mean to be pedantic there, just an easy way of putting the point across)
    No Longer works for MBNA as of August 2010 - redundancy money will be nice though.

    Proud to be a Friend of Niddy.
    no idea what my nerdnumber is - i am now officially nerd 229, no idea on my debt free date
  • Chanz you have no idea of the OP's circumstances, it's their decision and if the OP has been on a DMP its a fairly certain they will have been defaulted already and have you actually worked out the maths of this DMP???
    More than Two Years in

    Doing it the Niddy way:j:j:j

  • oscar52
    oscar52 Posts: 2,272 Forumite
    chanz4 wrote: »
    If your through cccs they wont take kind to you using a cca route, its about working to resolve your debts not trying to avoid. Although it is unforcable throught he courts they can still chase you and default you

    CCCS might not be happy about it, but I wouldnt be trusting an organisation that is funded by the same people that ignore people in financial difficulties. (ie the banks)

    You are correct that phone calls and letters may be recieved, but all language and phrases will be we may, we might, we possibly. And DCAs have less rights than the milkman.

    As for the default, given a DMP is in place, thats probably already happened and a mute point really.
    No Longer works for MBNA as of August 2010 - redundancy money will be nice though.

    Proud to be a Friend of Niddy.
    no idea what my nerdnumber is - i am now officially nerd 229, no idea on my debt free date
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