Full & Final does this sound right?

inepta

The step change advisor also told me that once the defaults had gone from my account, settled, partially settled or ongoing, that they would be visible on my file even if I couldn't see them on something like Equifax. He said they could be on there for a good few years to come. Is this correct? I was under the impression that if you couldn't see them, that they would be gone. If I get a creditor to agree to a full or partial settlement and the default is not visible to me, how is this marked as settled?

glentoran99

inepta wrote: »

glentoran99 - they were mostly credit cards so do you mean the date that the cards were taken or the date that borrowing occurred? The debt management plan has been ongoing for about 6 1/2 years, the credit cards were taking out at various times prior to this, some more than 15 years ago.

The date the cards were taken out, if this was pre 2006 they cant just come up with a made up agreement

glentoran99

inepta wrote: »

The step change advisor also told me that once the defaults had gone from my account, settled, partially settled or ongoing, that they would be visible on my file even if I couldn't see them on something like Equifax. He said they could be on there for a good few years to come. Is this correct? I was under the impression that if you couldn't see them, that they would be gone. If I get a creditor to agree to a full or partial settlement and the default is not visible to me, how is this marked as settled?

That's incorrect, 6 years from the default date its as if the accounts never existed and no-one can see them

inepta

Thank you geltoran99 That is slightly troubling that the advisor is giving out wrong information. Where is the best place to find further information on this CCA business so I can inform myself better?

many thanks

glentoran99

http://www.legalbeagles.info/unenforceable_credit_agreements.html


and on this site, but write your creditors and ask for a copy of your credit agreement, that's your starting point, when you get a reply come back here

inepta

Thank you so much for all your help.

inepta

Been doing some reading on the matter...one thing that scares me is, if I request a CCA will they automatically think I dispute the debt? Will they suddenly go for a ccj? It would be nice to negotiate better terms but if they can produce the CCA will it leave me in a weaker position to make a settlement offer? I really don't want a ccj or hassle with courts etc. I'd rather pay it all back. Sorry this comes across as spineless but I just want to put all this behind me and get on with my life again.

I've read that your account is automatically put on hold when you request a cca, if this is the case do I continue to pay into my dmp?

Sorry, I have so many questions running through my head right now.

National_Debtline

Hi inepta


There's no evidence in my experience to suggest that asking creditors for paperwork will somehow "provoke" them into going to court. It would be counterintuitive for them to suddenly spend money on suing you when up to now, they have been receiving steady payments from you for some time through the DMP.


Secondly, there's no requirement or general convention for accounts to automatically be put on hold when such paperwork is requested.


As a general observation, from everything else you have said above, I would say that these are good conditions for negotiating some sort of lump sum settlement. Creditors may be more willing to consider these offers if paperwork is thin on the ground, and the alternative is getting drip-feed payments from you over the next 14 years or so.


Dennis
@natdebtline

inepta

National Debtline - thank you so much for taking the time to reply. I will arrange the paperwork over the next day or so and get on with it.

Thank you to everyone else who helped too