DMP FF questions

Janepn_2

Hello - my husband and I are currently on a DMP with Stepchange which we have been paying religiously since 2008. Although we are lumped together in the DMP, all our debts are separate so I am looking at the possibility of making full and final offers on all creditors - 21 in total. We have had to vary our payments over the years, starting at £1200 per month but currently running at £500 due to increasing costs such as university for our eldest plus a drop in income. Our original debt was about £180K and is now £87K. We have been offered a sum of money to settle by a family member. We are currently in private rented accommodation but really want to clear our debts so we may be able to buy a house at some point. Because of the age of our debts, our credit records are actually not bad as the debts have fallen off our files.
I have read copious amounts of information on the internet and it seems because a lot of the debts are now in different hands to the original creditors, and date back to before 2007, I should be requesting CCAs for all our debts - at least the ones not still with the original creditors.
I have a few questions which I would be very grateful if you could answer.
1. If I ask for CCAs from some of the current agencies and they can't supply them, I understand that they can't enforce the debt. I'm not looking to pull a fast one - I just want the whole lot gone without affecting my credit file. I believe that once the defaults have fallen off the credit file, they won't reappear. What do I do for the best (with regard to our credit files) if a company can't produce a CCA? What happens to that debt? Does it mean they're more likely to accept a low offer? What would you advise I do if they can't enforce it?
2. Can I offer different amounts to different creditors? It seems I can but I'm confused as a DMP was all about being fair to all creditors when it was set up so that payments are pro rata'd.
3. Am I better off contacting creditors myself instead of going via Stepchange?
4. My main concern is our credit file; is there anything else I should know before I start this process?
I am desperate to try and sort this out so a detailed response would be greatly appreciated.
Many thanks

sourcrates

Hi,

Lots of questions for a sunday morning.

Requesting CCA`s is a good idea, especially if the debts are old.
For the sake of argument, if a creditor cannot supply what they are supposed to, they cannot enforce the agreement through the courts, basically because they dont have it, they cant enforce something they dont have.

What they can do, is still report on your credit file, (unless the debt has already dropped off it) and they can still ask for payment, although once you tell them your not paying you dont usually hear from them again.

I would say its best to negotiate deals yourself, try to obtain the best deal you can with each creditor, if non of them still show on your credit file, whatever you do wont affect that in any way.

Its very important to make offers in writing though, using the template letter available from the national debtline website.

fatbelly

The credit file should have cleaned itself as these debts would have been defaulted in 2008 and removed in 2014.

The only things that can go wrong now are insolvency or ccjs.

You are better off doing this yourself.

You do not have to treat them equally. What they accept, they accept. Use the National Debtline standard letter.

A CCA request has no downside for you - if they cannot respond at all, the debt is unenforceable - you are in a stronger negotiating position and have a defence to any court action.

If they respond with a reconstructed agreement you are still in a stronger negotiating position and have a defence to any court action, albeit a different one.

If they respond with a copy of the original agreement you haven't lost anything.

Again, use National Debtline standard letter.