DMP Mutual Support Thread - Part 12

StopIt

Max_and_sasha wrote: »

Hi carbootcrazy

If one of your debts are unenforceable I think you should not be paying it not even £1 as it will never become statue barred , I am currently doing it with 4 of my creditors, I am only concentrating on the ones who have the proper paper work, if the other 4 find the correct paper work then I will pay them.:T


Max

It doesn't matter if it's statue barred if it's unenforceable via a failed CCA request. Both have the same result, protection from court claims. An unenforceable debt doesn't become more unenforceable because it's statute barred after all.


This is why I would never accept a creditor saying that a debt in unenforceable "At this time" etc. And get them to say they've stopped looking, will never look again and accept that the debt is effectively the same as a statute barred debt.

Max_and_sasha

Hi stopit

I think you are missing my point

If anyone keeps paying an unenforceable debt then it will never become statue barred and there's always a chance of the DCA finding the cca, as for getting a DCA to admit they will stop looking for it I think they would probably just sell the debt on

Max

[Deleted User]

StopIt wrote: »

Edit: One of them is unenforceable? Write to them telling them it's either £1 or nothing until they come up with an acceptable (Read: tiny) F&F as they know they can't do a darned thing about that one.

Thanks for all the advice. I've just copied this last bit as I think I should tell you that I don't plan on reminding them that the debt is unenforceable until I have a reasonable amount saved towards a good F&F deal. Then I'll do as you say and snatch their hands off if it's a good 'un;). At the moment I couldn't afford even 10% of the debt but by the end of the summer I should be able to. I know January negotiated 10% with one of her creditors (not 10% off but 10% to pay:j)

[Deleted User]

Max_and_sasha wrote: »

Hi stopit

I think you are missing my point

If anyone keeps paying an unenforceable debt then it will never become statue barred and there's always a chance of the DCA finding the cca, as for getting a DCA to admit they will stop looking for it I think they would probably just sell the debt on

Max

Interesting discussion going on here:T. I'm a bit confused though as I thought it takes 6 years of no contact by either side to result in something becoming Statute Barred. Or have I misunderstood?:o

I certainly don't want even a glimmer of my debts still being around that far ahead:eek:.

vaper

Do you know who it was that accepted 10% ?

[Deleted User]

vaper wrote: »

Do you know who it was that accepted 10% ?

It was January2015 that did it but I'm sorry to say I can't recall who it was with:o. I'm sure I recall someone else on here posting about a 10% settlement figure too.


I'm a bit busy at the moment but will see if I can find the info you want and report back later:). Unless January drops in and lets you know. Haven't seen her for a while, I hope she's OK.

Max_and_sasha

Hi carbootcrazy

If you keep paying them even £1 that is still acknowledgement of the debt therefore it will never become statue barred, I stopped payment to 4 of my creditors in may this year so roll on may 2022 ( 5years as I live in scotland) then it will become statue barred as I am not paying them until they produce the correct paper work, hope this helps ,

Max

sourcrates

Shouldn't be paying anything towards an unenforceable debt as max an Sacha said, you are acknowledging the debt by doing so.

I would cease payments to it straight away carboot.

[Deleted User]

sourcrates wrote: »

Shouldn't be paying anything towards an unenforceable debt as max an Sacha said, you are acknowledging the debt by doing so.

I would cease payments to it straight away carboot.

Thanks. I was carrying on paying tokens as someone else posted earlier, to keep communication channels open.

If I stop, should I write to Link and explain why I've stopped paying or just disappear off their radar?

vaper

Does this only apply to unenforceable debts?