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Debt relief order and written off debts
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NaughtyNan
Posts: 10 Forumite
Hi
I was having a serious mental breakdown months ago and not working as I was on benefits so sought the help of citizen advice..
My debts were over 20 000. Some were written off but some like Barclays and next refuse to write off so citizen adviced me to apply to step change for dro. I am still not a good place at all and I just noticed American Express credit even though was told had relieved me from the debt still shows on my credit file report as late payment. If this still shows will bring my debts above the 20p00 limit. I supplied the last letter from Americans express stating they relieved the debt and wontcbe perusing the debt any more but I am now very anxious the application won't be accepted by the insolvency service. I tried calling step change yesterday couldn't get through and they're shut until Monday. Today I received another email from next saying why I haven't paid them even though they had agreed to set up a token payment but now saying why I am behind. I feel I try but I am being slapped in the face all the time. I feel really low. When is this all going to end?:(
I was having a serious mental breakdown months ago and not working as I was on benefits so sought the help of citizen advice..
My debts were over 20 000. Some were written off but some like Barclays and next refuse to write off so citizen adviced me to apply to step change for dro. I am still not a good place at all and I just noticed American Express credit even though was told had relieved me from the debt still shows on my credit file report as late payment. If this still shows will bring my debts above the 20p00 limit. I supplied the last letter from Americans express stating they relieved the debt and wontcbe perusing the debt any more but I am now very anxious the application won't be accepted by the insolvency service. I tried calling step change yesterday couldn't get through and they're shut until Monday. Today I received another email from next saying why I haven't paid them even though they had agreed to set up a token payment but now saying why I am behind. I feel I try but I am being slapped in the face all the time. I feel really low. When is this all going to end?:(
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Comments
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This is what Debt Camel say about it :
Unenforceable debts
An “unenforceable debt” is one where the creditor could take you to court for a CCJ and win.
The Insolvency Service says that if you have evidence that a debt is unenforceable (such as a letter from the creditor or a court order) and don’t want to include it in your DRO because it would take your total debts over the £20,000 limit, then it does not have to be listed.
This can happen for a number of reasons but the two common ones are:
The debt is statute barred
If a debt is very old and you haven’t had contact with the debt collector for years, it may be statute-barred, which would make the debt unenforceable. It is not always easy to tell exactly when a debt becomes statute barred, especially for debts such as overdrafts. If you have an old debt you haven’t paid for more than six years, discuss this with the Approved Intermediary that is drawing up your DRO application.
The creditor can’t produce the CCA agreement
For credit cards, catalogues, HP agreements and most loans, if the creditor cannot produce a Consumer Credit Act agreement for your debt it is unenforceable. So if you ask for this and they reply that it cannot be located you could use this letter as evidence to leave the debt out.
The problem here is that it is a possibility that the agreement could be found later – if it is the creditor could then chase you for the debt as it has not been included in your DRO. And if including the debt would have taken the debt total over the limit, the DRO is likely to be cancelled – the legal term for this is “revoked”.
Also you need to allow plenty of time for the creditor to find the agreement. The Act says the debt is unenforceable if they creditor hasn’t produced it within 12 days, but in practice the debt collector often has to ask the original creditor for this and it is quite likely that it can be found within a couple of months. After several months it gets much less likely!I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter0 -
So does this mean this American Express credit debt is unenforceable as they have said themselves they're not perusing it any further?0
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