Cca requests and reply’s
Dmptogo
Posts: 45 Forumite
So basically we have had reply’s off the majority of our creditors 6 out 8. Nearly all of them have stated that they have asked our original creditors for the signed agreements but until they have this they cannot enforce the debt but still will request payments however in the meantime what do we do will they decide to charge interest bearing in mind these debts and our DMP are 16 years old.Payplan have declined to assist in this
Hi just an update I have decided to inform Payplan that I am going to manage my DMP my self.
I will be informing them by email tonight.
Wish me luck.
Hi just an update I have decided to inform Payplan that I am going to manage my DMP my self.
I will be informing them by email tonight.
Wish me luck.
0
Comments
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I answered on your other thread (the motoring board one). You might want to delete that one as here is more appropriate.
If the debts are 16 years old and defaulted they are not likely to re-instate interest.
As things stand, they are unenforceable.
We generally suggest that you concentrate your payments on enforceable debts. If Payplan won't support you in this then you have to go do-it-yourself
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Debt buyers cannot charge you interest, or any other fee, unless the original credit agreement, the one they are having trouble finding, says they can.
Without such an agreement, the whole relationship between them and you is based on you being complicit with their wishes.
They send you a fancy letter saying, Oh, we`ve bought your debt, you must pay us now, we take this card, that card, you can set up an arrangement blah blah blah, really, you say, have you any proof of that, say in the form of a copy of the credit agreement pertaining to this account perhaps ?
Err.........no, we don`t have that, so we can`t ask you to do anything really, but never mind all that, just pay us anyway yea, theses a good lad.
And this is industry standard practice, not one shred of paperwork ever comes along with these accounts when they are sold, the original creditor always retains them, so without compliant paperwork, Mr debt purchaser relies 100% on your cooperation to get paid, unless these people can provide evidence that you are liable for a debt, then its all smoke and mirrors, and you can tell them to go away.
Of course it should not be too difficult to provide re-constituted copies of said agreements, so occasionally they may be able to provide them, fair enough, but never just take the word of these people, make them work for that money, after all, they have bought your debt for mere peanuts, now they want you to pay them back the full outstanding balance, and that has never quite sat right with me, I feel its grossly unfair to the debtor to be put in that position, whilst they make a profit out of you, so standing up for your statutory rights in these situations is OK by me.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-letter1
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