DMP Mutual Support Thread - Part 12

fermi

harvey180 wrote: »

I asked for CCA in Jan and have had a letter back saying Cabot cannot provide this and that the debt is unenforceable.!

How did they phrase that?

harvey180

Hi Fermi,

the wording in the letter reads.

"We have not been able to get the information requested from the original lender. If this information becomes available to us we will complete your request, but until we are able to supply this your Credit Agreement is unenforceable" "This means we are not permitted to obtain a judgement or decree against you in Court, but we can still request that you repay. We would like to thank you for your payments, and ask that you continue on your plan so that you can repay your account."

January2015

harvey180 wrote: »

Hi Fermi,

the wording in the letter reads.

"We have not been able to get the information requested from the original lender. If this information becomes available to us we will complete your request, but until we are able to supply this your Credit Agreement is unenforceable" "This means we are not permitted to obtain a judgement or decree against you in Court, but we can still request that you repay. We would like to thank you for your payments, and ask that you continue on your plan so that you can repay your account."

I'm sure Fermi will come back to you.... but just to warn you, I had this exact situation on two of my debts. It took the DCA over 18 months to get the CCA documentation from the original creditor but they did eventually provide it, and it was enforceable. Due the period they could not provide the information I stopped making payments and made no contact. My plan was to sit and wait and hope/pray for the six year limitation period to kick in..... obviously I only got 1/4 of the way there :rotfl:

harvey180

January2015 wrote: »

I'm sure Fermi will come back to you.... but just to warn you, I had this exact situation on two of my debts. It took the DCA over 18 months to get the CCA documentation from the original creditor but they did eventually provide it, and it was enforceable. Due the period they could not provide the information I stopped making payments and made no contact. My plan was to sit and wait and hope/pray for the six year limitation period to kick in..... obviously I only got 1/4 of the way there :rotfl:

Thanks January2015. Out of interest where you able re negotiate a payment plan after they managed to produce the paperwork.

Might be best to offer a Full and Final, try and get shot. Just don't know where to start or how much to offer.

Thanks again.

January2015

harvey180 wrote: »

Thanks January2015. Out of interest where you able re negotiate a payment plan after they managed to produce the paperwork.

Might be best to offer a Full and Final, try and get shot. Just don't know where to start or how much to offer.

Thanks again.

I just went back to paying token £1 payments. My plan is to save for F&Fs (which I have done) and make offers every now and again. If the DCAs want to accept a low enough offer I will settle, otherwise I will continue on the token payment plan.

I haven't made any F&Fs for ages. I plan to wait until at least a year or more after the last offer to each creditor. In that time they will have had £12 to £15 from me and time to stew on the possibility of an F&F.

fermi

January2015 wrote: »

I'm sure Fermi will come back to you.... but just to warn you, I had this exact situation on two of my debts.

This is why I was wondering if there was any hint in the wording they used..

Occasionally they will basically admit there is zero hope, but if left open ended then it's best to at least have in mind what you would do should enforceable paperwork turn up.

System

Had letter from Ll**ds today saying they have credited one of our accounts with £592 due to not taking the appropriate action from 2015/2016....Happy days:T:T:T
Hoping that we get letters regarding the other Ll**ds accounts as well.

January2015

ploppy57 wrote: »

Had letter from Ll**ds today saying they have credited one of our accounts with £592 due to not taking the appropriate action from 2015/2016....Happy days:T:T:T
Hoping that we get letters regarding the other Ll**ds accounts as well.

Seems Helifax and L***yds are having a look back at defaulted accounts. I posted that we got almost £500 for the same thing a couple of weeks ago

Well done - it all helps

System

January2015 wrote: »

Seems Helifax and L***yds are having a look back at defaulted accounts. I posted that we got almost £500 for the same thing a couple of weeks ago

Well done - it all helps

Yes I have seen a few people mention this on various places. Hopefully they will look at all our accounts then...this one was a loan, but we also had 2 credit cards, 2 bank accounts that were in OD and also 2 H**lifax credit cards and a bank account. fingers crossed.

Suseka97

A quick update on my current situation.

Link are still not responding to the CCA requests (x3) but continue to send letters asking me to contact them to make arrangements to pay. Recently sent letters offering me a very low cost repayment plan - bless them. Current plan is to continue to ignore them.

PRA are a bit of an enigma - letters received some months ago confirming (x3) accounts are currently UE. After a couple of attempts via calls to my mobile to encourage me to start a repayment plan - they have finally stopped calling (as I requested) and have sent various letters. Interestingly their letters just advise the outstanding balance but is headlined 'This if for information only and not a request for payment', however they include a separate letter offering various options for repayment. Last month they offered me a 10% discount on one, a 20% discount on another - and I've arrived home tonight to find a similar letter offering me a 65% discount on the third one. The third one is the lowest value, but its a good discount so I'm considering accepting using the F&F template as guidance. I do have to say that PRA seem to be better organised than Link, who I feel are basically incompetent.