CCA cannot be provided

2babyboys

Hello,

I have 3 debtors who have written to me to advise that the CCA is unavailable and therefore the debt is unenforceable.

I realize these debts stay on my credit file and I am trying to clean up my credit file as much as possible with defaults.

What do you suggest I do?  Should I ask for a settlement?  Has anyone been successful if asking for the default to be removed if a settlement is agreed?  Is there any point in agreeing a partial settlement if the default is staying on file?  Will my credit file improve with settlements if the default is there?

Many thanks

Weimsrock

Once a default is on your file it is highly unlikely almost impossible to be removed, even if settled. If they are unenforceable I would ignore them for a good 6 months to a year and see what they come to you with in terms of settlement. I wouldn’t approach them, wait for them to make the first offer.

in terms of cleaning your file, the damage is done and it’s just a case of waiting for the defaults to drop off. 

fatbelly

Yeah, that's it in a nutshell. Your debts are effectively gone as they can't be enforced, but the mark on your file remains. It isn't going to make a huge difference to get it marked partially settled so you might as well wait for the entries to drop off

2babyboys

My financial situation is great now, the period I lost control was due to anxiety and my father's ill health, then his passing.  I have since rebuilt my life and now in a far healthier status both financially and mentally.

ZaSa1418

When did they default? 

2babyboys

Hi, defaulted in 2017/2018.  Thanks

sourcrates

2babyboys said:

Hi, defaulted in 2017/2018.  Thanks

The upside is you don`t have to pay these debts, there will be no benefit to you if you did.

Downside is your stuck with a negative mark on your credit file for another 3 years, which will still be there no matter what you do.

I`d put the money to more productive use, like any other debts you have that are enforceable.

mekprice

Sorry to ask a stupid question but if there is no cca would you stop making payments? i am on a dmp with stepchange and about to try and pay all my debts off as i have some money from my inheritance, i am looking into writing to them all to ask for cca but if they come back without one do i tell stepchange to stop paying them???

sourcrates

mekprice said:

Sorry to ask a stupid question but if there is no cca would you stop making payments? i am on a dmp with stepchange and about to try and pay all my debts off as i have some money from my inheritance, i am looking into writing to them all to ask for cca but if they come back without one do i tell stepchange to stop paying them???

Obviously the choice would be yours.

If you have other debts that are enforceable, then it makes sense to channel your money towards those, instead of any that cannot be enforced through the courts.

When your in debt management, and money is tight, you have to prioritise what funds you have, paying a debt you don`t have to makes no economic sense whatsoever, and please ignore the moral high grounders who may tell you otherwise.