Full & Final, CCA's and CCJ's

redman252525

First time poster, I'll try and keep it as brief as possible! Been on a DMP with Stepchange for over 7 years, still a way to go, majority of debts have now fell off my file after defaulting 6+ years ago, never had a CCJ. I've paid off about half of my debt since being on a DMP, to be fair Stepchange have been great over that time, but I'm fed up of having this burden on my back, so I decided to try and do something about it. In May I offered all creditors a proportionate slice of a lump sum, offered by family, as a full and final settlement, it worked out around 20% of the remaining debt. One accepted (Capital One), the others either declined or offered around 35% off. I haven't had a reply from a couple of creditors, Cahoot (who have never communicated anything since day 1, although they defaulted me in 2015, 3 years after my DMP started, and Barclaycard (through Link). I have written again to both for a reply to my initial offer.
 I've since gone through the process of requesting CCA's from all creditors, I've had replies from Link regarding 3 creditors, all of which confirm that the creditor either can't comply with the request or hasn't replied to them within 12 days, so hasn't therefore complied. Idem have confirmed that they haven't got a CCA for TSB, have asked them for it, but admit they can't comply and debt is unenforceable until it's produced. Cabot (Mint credit card) acknowledged the request on 26th June, said they will request the CCA from Mint and write to me within 12 days, which they haven't. So in summary, of the replies I've had so far, none has produced a cca, they were all requested in early June.
I'm unsure what my next step should be, my plan was to give it a couple of months for them all to find CCA's, then tell them I was informing Stepchange to stop all payments, due to the debts being unenforceable, and making a maximum 5% F&F offer. My worry is, and this is where I need clarification, can/will the creditors send me a CCJ if I stop payments, bearing in mind the DMP has been running for 7+ years and nearly all the debts have been defaulted and fell off the file? Lastly, if I do get a CCJ, do you get 30 days to pay it before it officially registers on your file? Thanks in advance for any help!

sourcrates

Hi,

How can you get a CCJ when they don`t have proof of the debt in the form of a regulated credit agreement ?

No one sends a CCJ, its a court process, they say you owe the money, you say wheres your proof, oop`s sorry guv, we don`t have any.

They cannot obtain judgement against you without evidence of the debt, that is the whole point of the CCA process, to determine your position, and to accertain enforcability in court.

So you need not worry on that score.

redman252525

Thanks for your reply, sorry, I wasn't clear on that point. What I meant to say was, if they do produce the CCA and I've stopped paying, are they likely to start court proceedings right away, or let me restart DMP payments again?  Impossible to say I guess, just a bit concerned I i might be provoking a reaction. I'm hoping they accept low f&f's.

sourcrates

Ah, don’t live your life worrying about what a creditor may or may not do, no one starts a court claim straight away, every claim is preceded by a letter before action giving you the chance to agree terms, so as I said above, no worries on that score.
Only 12% of defaulted debts ever see a court room.

johnnybrando1981

Hi Redman, I am in a very similar position, did you stop paying? Any updates?

Aesop

If any sent a letter saying unenforceable, then you do not need to pay them any longer. They cannot take you to court, as they have no evidence to show a judge you owe them the money. CCA requests never show a debt is owed to a Debt Collection Agency who has bought the debt, as it does not exist. You are looking for a Deed of Assignment, which no DCA will ever be able to produce. There is a process for county court judgements, and if you don't defend the claim, they will get a judgment in default. I have seen cases where they go right upto court date, and pull out at the last minute, stating claim withdrawn. Cases where people have gone to court and won by showing the Judge all the proof they have asked for regarding the debt cannot be supplied. I have seen cases lost because Judge was something special and didn't understand Deed of Assignment, or the debtor going to court didn't understand what they were defending. A lot of good groups to help support with court cases.

sourcrates

The deed of assignment is a document containing the debtor’s personal information, as well as numerous other individuals personal data, you have no right to see this document as it would be a breech of GDPR.

I don’t know where you get your information from, but I’d seek other sources if I were you in future.