Advice on CCA please - feeling confused?

CG2017

Hello

I have a DMP with step change and have done for over 10 years.

After doing some research into our debts which are around 10 years old I decided to request CCAs from them. 2 of our 4 creditors have responded so far (who are idem servicing) who have said that the agreement can't be enforced as they don't have a copy but will be trying to get a copy to us.

I contacted our DMP step change to ask what our next step should be, who informed me that it doesn't really offer anything and we have to keep paying the debt?

After my own research I was working on the understanding that if a provider cannot produce a cca then I either have no obligation to pay it, or it makes a stronger case for me to offer a F&F settlement.

We are keen to get these sorted but I am not confident on what to do next?

I also said that these debts no longer show on our credit file (I've checked MSE Experian, Noddle and Clearscore) but stepchange are adamant that they stay on until paid, I thought they are removed after 6/7 years?

Sorry for the long post but I am in a muddle on what to do next?

Suseka97

Firstly - good news about the 'unenforceability bit'.

Okay, the stance StepChange will take on this is that although the debt cannot be 'enforced' through the Courts, it does remain owed - so that part is true and will be the position the creditor/DCAs will take on this also.

Debts do fall off your credit file 6 years after the date a default is registered regardless of whether the balance is cleared or not - so perhaps whoever you spoke with at SC is not familiar with the process, but is wrong in this case, as is proven by the fact your debts are no longer being recorded.

Your options are thus quite straightforward. You can walk away and not make any further payment, or use the UE to obtain more favourable F&Fs. Whatever you choose to do you will no doubt have to stop using SC as your intermediary and go self-managed. The ball is in your court now -so to speak.

If you decide to not make any payments -then do be mindful that some DCAs continue to search for the paperwork and there are times when a previously unenforceable debt becomes enforceable further down the line.

CG2017

Thank you Suseka97

Yes I thought as much that I would have to go self managed so I will be canceling my DMP and will continue to make payments until resolved.

Ideally I think I would like to make F&F rather having the thought in my head that they may come back with the CA at any point - or is there a 'cut off date' for this?

In terms of making F&F settlement offers am I in a strong position to make a low offer initially now they have acknowledged that they don't have a CA?

Thank you in advance

CG2017

CG2017 wrote: »

Thank you Suseka97

Yes I thought as much that I would have to go self managed so I will be canceling my DMP and will continue to make payments until resolved.

Ideally I think I would like to make F&F rather having the thought in my head that they may come back with the CA at any point - or is there a 'cut off date' for this?

In terms of making F&F settlement offers am I in a strong position to make a low offer initially now they have acknowledged that they don't have a CA?

Thank you in advance

Also, should I stop paying then make a settlement offer or continue to make payments?

3011gillian

We’re in a similar situation. We sent our CCA request off. Waited then followed up with ‘we’ve not heard from you so here’s a low f&f offer’
PRA replied with info to make it enforceable and therefore declined the offer, the others didn’t reply at all to anything.
We then stopped the dmp and pay PRA directly and saving the rest in case they ever come back (I’ve heard this can take months!). We’ve had ‘statements’ arrive showing they’ve processed the £1 postal order so definitely received the request for info, so we’ll just wait and see.
We’re saving the rest of the money we were using for the dmp in hope that we can use it to make f&f settlements down the line.
Capquest have offered 50% but as they are still looking for the info we’re not taking that option yet.

CG2017

CG2017 wrote: »

Thank you Suseka97

Yes I thought as much that I would have to go self managed so I will be canceling my DMP and will continue to make payments until resolved.

Ideally I think I would like to make F&F rather having the thought in my head that they may come back with the CA at any point - or is there a 'cut off date' for this?

In terms of making F&F settlement offers am I in a strong position to make a low offer initially now they have acknowledged that they don't have a CA?

Thank you in advance

3011gillian wrote: »

We’re in a similar situation. We sent our CCA request off. Waited then followed up with ‘we’ve not heard from you so here’s a low f&f offer’
PRA replied with info to make it enforceable and therefore declined the offer, the others didn’t reply at all to anything.
We then stopped the dmp and pay PRA directly and saving the rest in case they ever come back (I’ve heard this can take months!). We’ve had ‘statements’ arrive showing they’ve processed the £1 postal order so definitely received the request for info, so we’ll just wait and see.
We’re saving the rest of the money we were using for the dmp in hope that we can use it to make f&f settlements down the line.
Capquest have offered 50% but as they are still looking for the info we’re not taking that option yet.

Best of luck 3011Gillian

It is interesting reading other peoples stories, I never imagined that I could have other options to try and settle my debts but it feels good knowing that there is light at the end of the tunnel.

Best of luck with your journey!

Suseka97

CG2017 wrote: »

........In terms of making F&F settlement offers am I in a strong position to make a low offer initially now they have acknowledged that they don't have a CA?
Thank you in advance

CG2017 wrote: »

Also, should I stop paying then make a settlement offer or continue to make payments?

There is no timescale as such - and the only 'cut-off' date would be in connection with a statute barred debt (which these are not).

If it were me I would write them a letter to acknowledge the unenforceability confirmation and say that you will be ceasing payments to prioritise other debts - or something along those lines - and then do just that.

This is now a waiting game and the longer they go without payment, the more amenable they will be towards lower F&Fs, particularly around the time they are tying up their year-end accounts

I have 3 UEs and have not paid anything in almost 2 years now and the discounts are only recently getting towards an amount I am happy to settle at. Like you I intend to settle rather than sit it out indefinitely waiting to see if they do unearth the paperwork. You'll never know if they have written off the debt unless they write to say so and I doubt very much any DCA would be so obliging.

CG2017

That is reassuring thank you. I have now emailed my DMP company to say I will be going self managed and intend to stop 2 of the payments on those who have said they are not enforceable - I will inform them by letter

Just waiting on 2 more responses, we will see how I get on!

Thank again :T

How_much

Could you not just log onto the SC website and change the balance on the accounts that are unenforceable to zero?

Suseka97

How_much wrote: »

Could you not just log onto the SC website and change the balance on the accounts that are unenforceable to zero?

Of course the answer is yes... not sure how SC will respond now knowing the situation. Ultimately the OP is now better taking control of their DMP.

Suseka97

CG2017 wrote: »

That is reassuring thank you. I have now emailed my DMP company to say I will be going self managed and intend to stop 2 of the payments on those who have said they are not enforceable - I will inform them by letter
Just waiting on 2 more responses, we will see how I get on!
Thank again :T

Before SC close your account, do take note of all the current balances and account details.