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Advice on CCA please - feeling confused?

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Comments

  • janepn
    janepn Posts: 33 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    We are in a similar position with £40K so far coming back with no credit agreements against £75K owing. We're going to leave Stepchange and I will manage it myself - we've had offers of about 60% from nowhere to settle and with no credit agreements for these, am I in a strong position to go in with a low offer? One debt never defaulted for some reason although we went on our DMP in 2008 so I'm worried a default will suddenly appear if I rock the boat on our now pretty good credit records.
  • DellBoy
    DellBoy Posts: 9 Forumite
    I have had a DMP with payplan for 8 years. In March his year I sent off CCA request to them all. I let a month go by and then instructed Payplan to stop paying the ones who had not complied to the CCA request as I have deemed them unenforceable until they produce the documentation. I did also call the company's that own the debts (PRA & LINK) and told them my reasons for stopping payments. They appreciated my call and logged it on their system. If any documentation does turn up I'll start paying again directly. I may make f+f offers in the future, but my plan is to not pay anything till my priority debts are taken care of.
  • janepn
    janepn Posts: 33 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    One question - if you stop paying unenforceables and then the creditor gets hold of the credit agreement from the original lender, will they demand the backlog of payments that you've missed or is it just a question of restarting monthly payments?
  • Suseka97
    Suseka97 Posts: 1,571 Forumite
    Tenth Anniversary 1,000 Posts Name Dropper
    janepn wrote: »
    We are in a similar position with £40K so far coming back with no credit agreements against £75K owing. We're going to leave Stepchange and I will manage it myself - we've had offers of about 60% from nowhere to settle and with no credit agreements for these, am I in a strong position to go in with a low offer? One debt never defaulted for some reason although we went on our DMP in 2008 so I'm worried a default will suddenly appear if I rock the boat on our now pretty good credit records.
    janepn wrote: »
    One question - if you stop paying unenforceables and then the creditor gets hold of the credit agreement from the original lender, will they demand the backlog of payments that you've missed or is it just a question of restarting monthly payments?

    Hey there. I suggest you start your own thread on this topic, as you are likely to get a better response. As to the UEs, if they do eventually find the paperwork then it would simply be a case of restarting payments based on your (then) financial situation.
  • DellBoy
    DellBoy Posts: 9 Forumite
    janepn wrote: »
    One question - if you stop paying unenforceables and then the creditor gets hold of the credit agreement from the original lender, will they demand the backlog of payments that you've missed or is it just a question of restarting monthly payments?


    Nope, you just setup a new repayment plan.
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