Accounts With Defaults - which one to pay first

mistertml

Hi All

I am currently on a DMP due to debts of £12k. I used to be with a Debt management company but in the process of trying to go it alone.

I am paying £150 per month towards the debts. I do have some spare cash left on some months which I'd like to use to pay them off.

As you can see below 2 of the accounts dont have defaults but the rest do. What I would like to know is which balance should I pay off the earliest?
The account with the newest default?
The account with the oldest default?
The account with the largest balance?
The account with smallest balance?

Also should I look to make F&F offers on any of them or try my best to pay off in full as I am hoping to take out a larger mortgage?

Hfx CC/Idem - £5,371.00 - Default date 10/10
barc CDL - £2,547.35 - Default Date 12/10
hfx/marlin - £1,427.24 - Default Date 06/10
next - £1,351.25 - AP Status
van - £1,105.55 - Default Date 12/06
cap - £119 - Cleared last week - Default Date 10/09
barc - £206.61 - AP Status

Thanks in advance

happy_bunny_2

Where any taken out before April 2007? If so, I would be sending them a CCA request to see if unenforceable before deciding what to pay more off.

mistertml

happy_bunny wrote: »

Where any taken out before April 2007? If so, I would be sending them a CCA request to see if unenforceable before deciding what to pay more off.

Hi

Thanks for the response

Looks like all apart from one started prior to 2007 but then a couple were passed to debt companies namely the hfx ones.

Btw what is a CCA and what would this mean for the debts

Hfx CC/Idem - start date 2001
barc CDL - start date 2008
hfx/marlin - start date 2001
next - £1,351.25 - No Default
van - start date 2006
cap - £119 - Cleared last week - Default Date 10/09!
barc - £206.61 - No Default

happy_bunny_2

You send them a request for a copy of the agreement you allegedly signed. Google CCA request.

If they can't provide, they can't get a CCJ in court without the signed original. This helps you with negotiations with either the debt collector or original creditor.

Then pay off the ones that could ruin your credit resting further by a CCJ first.

double_mummy

a CCA is your consumer credit agreement - it covers pretty much everything apart from overdrafts use the letter on national debtlines website pay £1 for each via postal order

if they cant produce it (which most cant) then it is unenforcable - if they can produce it then almost all of them cannot be upheld because they do not include everything they have to (cant actually seen one that i can think of that had everything it needed)

send all the letters recorded delivery and after 12 days stop making payments to them and start saving the money for settlements or pay the extra to enforcable debts

https://www.nationaldebtline.org/EW/sampleletters/joint-letters/Pages/Information-about-your-agreement-under-the-Consumer-Credit-Act-(joint-names).aspx

mistertml

double_mummy wrote: »

a CCA is your consumer credit agreement - it covers pretty much everything apart from overdrafts use the letter on national debtlines website pay £1 for each via postal order

if they cant produce it (which most cant) then it is unenforcable - if they can produce it then almost all of them cannot be upheld because they do not include everything they have to (cant actually seen one that i can think of that had everything it needed)

send all the letters recorded delivery and after 12 days stop making payments to them and start saving the money for settlements or pay the extra to enforcable debts

https://www.nationaldebtline.org/EW/sampleletters/joint-letters/Pages/Information-about-your-agreement-under-the-Consumer-Credit-Act-(joint-names).aspx

Hi
Thanks for clarifying that.

If they cant produce the CCA does that mean the amount is written off?

What would this mean for the default on the credit file?

happy_bunny_2

Not written off, just can't enforce in court.

Can still ask you to pay, but you should get a decent settlement figure .

The defaults will stay.

HB

double_mummy

have you asked next and barclaycard why they havent defaulted?

what are they showing on your credit file at the moment then?

apart from those 2 they will all be off of your credit file in 2 years unfortunately there is no way to speed this up

if they cant produce it then it is unenforcable until they can so you can either offer a small settlement or you can not pay altogether and wait for 6 years to pass since your last payment for it to become statute barred

mistertml

double_mummy wrote: »

have you asked next and barclaycard why they havent defaulted?

what are they showing on your credit file at the moment then?

apart from those 2 they will all be off of your credit file in 2 years unfortunately there is no way to speed this up

if they cant produce it then it is unenforcable until they can so you can either offer a small settlement or you can not pay altogether and wait for 6 years to pass since your last payment for it to become statute barred

Hi

I havent asked Next and Barclaycard why as I'd rather let sleeping dogs lie.

I'd still like to pay the debt off as I did spend the money at the end of the day.

I have also tried to get charges and PPI back from Barclaycard and the rest and had no joy apart from Halifax CC who paid out without a fight.

What I would like to knwo is if I should try and settle in full or offer partial once I have save enough money. But my main issue is, which one to clear first?

Any helpon this would be greatly appreciated.

mistertml

happy_bunny wrote: »

You send them a request for a copy of the agreement you allegedly signed. Google CCA request.

If they can't provide, they can't get a CCJ in court without the signed original. This helps you with negotiations with either the debt collector or original creditor.

Then pay off the ones that could ruin your credit resting further by a CCJ first.

Thanks for that.

I'll get some letters sent tomorrow and see what happens.

Should I try settle the smaller ones in the meantime?

Cheers

mistertml

happy_bunny wrote: »

Not written off, just can't enforce in court.

Can still ask you to pay, but you should get a decent settlement figure .

The defaults will stay.

HB

Thanks

I guess I need to pay either way just thinking more of a method.
The damage is done now due to the default so my guess is near the end of the default the creditors will try apply for a CCJ to try and push for a settlement or continue with a payment plan??