DMP over 6 years

raptor2022

I have been in a DMP since 2015 and paying £27k down to £17k so far. It is now over 6 years ago since the start of my DMP and all defaults have fallen off my credit file but i continue to pay until 2026 on the DMP. 
I have written to the companies and asked them to review my file and write off the debt. If they refuse to do so and I stop paying on the DMP can they take me to Court and enforce a CCJ after 6 years since the default?

sourcrates

Yes, they can.

Nothing has changed that would affect their ability to do so.

Your accounts remain active, live and collectable.

You are confusing the date your accounts fall off your credit file, with the limitation act, your debts will not be statute barred as you have been paying them, the limitation act only applies after 6 years of non-payment, and if no legal action has been taken.

None of this applies to you.

Rob5342

The debts falling off your credit report make no difference to whether a CCJ can be obtained. If you haven't paid them for 6 years then they become statute barred after 6 years which is a defence to a CCJ, but that's a completely different thing.

Depending on the age of them you may consider requesting the CCA, if they can't provide that then they can't get a CCJ against you.

raptor2022

Thanks. Best hope i have then is to hope they will write some of the debt off

sourcrates

raptor2022 said:

Thanks. Best hope i have then is to hope they will write some of the debt off

They will only do that if your circumstances have changed so that you can no longer afford to pay your debts, and that situation is likely to be permanent.

Creditors will not write off debts just because you ask them too, not without good reason.

Settlement offers are a possibility though, if your accounts have been sold on.

fatbelly

raptor2022 said:

I have been in a DMP since 2015 and paying £27k down to £17k so far. It is now over 6 years ago since the start of my DMP and all defaults have fallen off my credit file but i continue to pay until 2026 on the DMP. 
I have written to the companies and asked them to review my file and write off the debt. If they refuse to do so and I stop paying on the DMP can they take me to Court and enforce a CCJ after 6 years since the default?

Yes they can because you have been continually acknowledging the debt by repayment.

The Limitation Act says 'a current period of limitation may be repeatedly extended under this section by further acknowledgments or payments ' so the six-year limitation would only commence if you stopped payment.

Would any start a court claim in 6 years? Not all, maybe none.

If your arguments for 100% write-off are rejected, maybe try again and offer to settle for a low percentage.