DMP mutual support thread part 13 !!

ditty1234

Hi I have not been on here for a while - so here's my question:
I sent cca request on a N4twest balance last year, managed by Westcot, now by 1ntrum, and yes I am slightly loosing track of who is managing the balance and who owns it. I never got a finite answer about the original agreement, just a letter from Wesc0t saying it is on hold. Intrum is now chasing and I will send them a copy of the on hold letter. WHat else can I do. Do I have to send a new CCA request? 
I have not been paying and was not planning to as such, unless they produce the paperwork. 

Any advice would be greatly appreciated. 

sourcrates

ditty1234 said:

Hi I have not been on here for a while - so here's my question:
I sent cca request on a N4twest balance last year, managed by Westcot, now by 1ntrum, and yes I am slightly loosing track of who is managing the balance and who owns it. I never got a finite answer about the original agreement, just a letter from Wesc0t saying it is on hold. Intrum is now chasing and I will send them a copy of the on hold letter. WHat else can I do. Do I have to send a new CCA request? 
I have not been paying and was not planning to as such, unless they produce the paperwork. 

Any advice would be greatly appreciated. 

You only make a request for information once, if they don`t provide what they should, then the debt remains unenforceable until they do, however long that may take.

Write and tell anyone chasing the debt that it is currently unenforceable.

HelenM05

I have another question, my credit file is back to normal with no late payments or defaults showing. If the debts are not enforceable and I stop paying them can they be put back on my credit file? 

sourcrates

HelenM05 said:

I have another question, my credit file is back to normal with no late payments or defaults showing. If the debts are not enforceable and I stop paying them can they be put back on my credit file? 

When you say "back to normal" what do you mean ?

Once an entry drops off your file due to limitation, its gone forever, and nothing on Earth will bring it back again.

HelenM05

sourcrates sorry if I wasn't clear, I mean that all of the defaulted accounts have dropped off so basically I have a clean credit file with no defaults or late payments. I was worried that if I stop paying unenforceable debts they will reappear on my file as missed payments. Thanks 

ditty1234

sourcrates said:

ditty1234 said:

Hi I have not been on here for a while - so here's my question:
I sent cca request on a N4twest balance last year, managed by Westcot, now by 1ntrum, and yes I am slightly loosing track of who is managing the balance and who owns it. I never got a finite answer about the original agreement, just a letter from Wesc0t saying it is on hold. Intrum is now chasing and I will send them a copy of the on hold letter. WHat else can I do. Do I have to send a new CCA request? 
I have not been paying and was not planning to as such, unless they produce the paperwork. 

Any advice would be greatly appreciated. 

You only make a request for information once, if they don`t provide what they should, then the debt remains unenforceable until they do, however long that may take.

Write and tell anyone chasing the debt that it is currently unenforceable.

Well I eventually found a letter where they said they have provided the information by email, but I can't find the email - so I don't have evidence that it is unenforceable, so I think I will just ignore the letters from Intrum, unless they come up with something better. I just don't want them to take it to court. But since the debt have been traded around a few times, and I haven't paid anything for over a year, I think they probably don't have much on it. I hope I can eventually buy it out, but they haven't offered any deals and I don't have the cash anyways. 

ditty1234

HelenM05 said:

sourcrates sorry if I wasn't clear, I mean that all of the defaulted accounts have dropped off so basically I have a clean credit file with no defaults or late payments. I was worried that if I stop paying unenforceable debts they will reappear on my file as missed payments. Thanks 

That is great news, I think in theory you still owe the debt though, unless you have bought it out at a discount. 

Suseka97

HelenM05 said:

sourcrates sorry if I wasn't clear, I mean that all of the defaulted accounts have dropped off so basically I have a clean credit file with no defaults or late payments. I was worried that if I stop paying unenforceable debts they will reappear on my file as missed payments. Thanks 

Once a debt has fallen off your credit file, that's it - regardless of whether there is still a balance outstanding or not, it cannot be resurrected.

debtfreeme2021

Afternoon all ,  playing the waiting game and avoiding the calls and letters until today when I think I have received my first notice of default from Very (Shop Direct Finance) . The notice is headed Notice of Default Sums under the Consumer Credit Act 1974. However enclosed is an info doc saying Have you been sent an arrears notice. They are basically charging me for a debt collection letter fee and a missed minimum payment fee. Having not experienced a default I’m not sure if the account is now fully defaulted as passed to debt collection so I await to here from them or this is further warning letter . Maybe as I’m new to all this reading that I’ve broken the terms of the credit agreement in black and white has made me panic and the threat of legal action set me off into a spiral of guilt but I’m sure this is the right direction I want things to go in until I can get everything formally set up with a DCA . I’m sure everything will get better with experience but I’m still feeling it overwhelming to ignore the calls and letters but doing ok so far . So appreciate this group to vent as without it I would be very much doing this alone . Thank you all 

ditty1234

debtfreeme2021 said:

Afternoon all ,  playing the waiting game and avoiding the calls and letters until today when I think I have received my first notice of default from Very (Shop Direct Finance) . The notice is headed Notice of Default Sums under the Consumer Credit Act 1974. However enclosed is an info doc saying Have you been sent an arrears notice. They are basically charging me for a debt collection letter fee and a missed minimum payment fee. Having not experienced a default I’m not sure if the account is now fully defaulted as passed to debt collection so I await to here from them or this is further warning letter . Maybe as I’m new to all this reading that I’ve broken the terms of the credit agreement in black and white has made me panic and the threat of legal action set me off into a spiral of guilt but I’m sure this is the right direction I want things to go in until I can get everything formally set up with a DCA . I’m sure everything will get better with experience but I’m still feeling it overwhelming to ignore the calls and letters but doing ok so far . So appreciate this group to vent as without it I would be very much doing this alone . Thank you all 

My non expert advice is to sit on your hands until the default is listed on your credit file! If they are still charging you, then they haven't actually defaulted it yet.