Timing of CCA requests

PrettyWoman

I am embarking on a self managed DMP and just want to check I get my timings right please?

I have missed this months payments and all my accounts are now on hold for 30 days.

My creditors are aware I am seeking advice and I am going to wait for my accounts to default before I start making reduced payments.

Do I wait until they have defaulted before sending CCA requests or could I start that process now?

I just want to know exactly how many are enforceable so I can start planning for future settlement offers, many thanks 😊 

fatbelly

You can do them at any time.

I think you cannot do more than one per month but there's no need to do more than one anyway.

You might as well fire them off now.

PrettyWoman

Thanks @fatbelly. So, if a debt is unenforceable will that stop it defaulting as I’m assuming they will put it on hold? I’m just thinking about my defaults dropping off in the future, I’m actually probably overthinking it 🙈

sourcrates

PrettyWoman said:

Thanks @fatbelly. So, if a debt is unenforceable will that stop it defaulting as I’m assuming they will put it on hold? I’m just thinking about my defaults dropping off in the future, I’m actually probably overthinking it 🙈

Its collection activity that gets put on hold, it won`t normally affect whether the account goes into default or not.

All unenforceable means is that the creditor cannot obtain judgement against you in court.

If they were to go down that route, and you defended the claim, and asked for evidence of your liability, obviously they would not be able to provide it.

A lot of the time, those who enter debt management are in it for the long haul, some for many years, most unenforceable debts that don`t default eventually succumb to limitation.

You always have the complaints option, if they should have defaulted you, and didn`t, or have recorded an incorrect default date, write and complain.

PrettyWoman

Thank you @sourcrates

My accounts haven’t defaulted yet, I’m very early in this process. I accept I’m in it for the long haul but hoping my long haul is six years. I would like to clear enforceable debts through DMP and unenforceable ones through F&F, I guess I won’t know until I start asking the questions!

flipflopflo

The only stupid question is an unasked one so just keep asking for as long as you need. 

PrettyWoman

flipflopflo said:

The only stupid question is an unasked one so just keep asking for as long as you need. 

Thank you so much, I’ve read and learned so much on here but there’s always that one little thing that is unique to your own situation and probably hasn’t been asked before.

Onwards and upwards 😊

PrettyWoman

Just thought I’d give an update on my CCA requests, I sent 6 requests and enclosed a £1.00 cheque with each one.

Egg Mastercard, taken over by Barclaycard, account opened September 2004, copy supplied and enforceable, cheque destroyed.

Barclaycard Mastercard, account opened February 1994, copy supplied and enforceable, cheque destroyed.

Barclaycard Visa, not heard yet

M&S Credit Card, acknowledged request, sent a one page form with pre-paid envelope, cashed cheque and applied to CC balance

Capital One, sent a letter stating they are sending requested documents in a separate envelope and debt is enforceable, destroyed cheque

Virgin Mastercard, taken over by MBNA, not heard yet but cheque cashed and applied to CC balance

Knowledge is power so guess I’m going to need to work a bit harder on that F&F fund to meet my six year deadline!

sourcrates

Surprised about the egg card, every egg agreement I`ve ever seen was flawed in some way, are you certain what they sent you was compliant ?

PrettyWoman

It has my name, address, signature, terms and conditions and rate of interest, I was surprised too, was kind of hoping with the transfer to Barclaycard that the paperwork would have been lost. They have been annoyingly efficient!