CCA’s sent.

3011gillian

Having had one success at a f&f offer but declines from others we e sent off CCA’s this week. I’ve read the initial 12day response but also that they can take 2yrs 😕. We’re in a dmp paying each month...I don’t want to stop paying but equally don’t want them to ride it out for 2yrs when our debts will almost be paid off anyway. Are they likely to drag their feet more because we’re paying a good amount each month?

I’m happy with the dmp arrangement but if no ones budging what other options should we consider? Self management?-how would we justify paying less if they’ve seen our budget?

Desperately want to pay off this debt in a year which is manageable if they accept reduced offers, otherwise our estimated debt free date is 2022. 😕

fatbelly

You're more flexible with a self-managed plan.

I don't think your payments will have much bearing on a cca request - they'll either find the agreement or they won't. If some debts look like being long-term unenforceable it makes sense to redirect your payments to those that are enforceable - it's a case of priorities.

Just_Di

3011gillian wrote: »

Having had one success at a f&f offer but declines from others we e sent off CCA’s this week. . .

. . . . how would we justify paying less if they’ve seen our budget?

Desperately want to pay off this debt in a year which is manageable if they accept reduced offers

My view is negotiation is best done from a position of strength.

If a debt owner can't comply with your CCA Request within the statutory timeframe the debt becomes unenforceable unless or until they do comply. So their options would be to accept a reduced offer from you or get nothing by taking you to court.

A lot depends on the size of the debt and whether the debt purchaser can prove their assignment and have FCA authorisation to even pursue the debt (I know there are some which don't ) and a compliant Default Notice etc etc.

S 78-79 is for 'information' purposes not 'proof' pursposes. So even if they produce 'something' in response to your CCA Request, that 'something' may not pass the test with other sections of the Consumer Credit Act.

Di

3011gillian

Thanks both. Do they need to reply either way within 12days even if they are still looking?? Just don’t want to sit around waiting for months and months while they look for the info. Really want to get the ball rolling on settlements rather than stalemate situations ��