Stepchange for 12years

tritons0

Hi , I’ve been slowly chipping away with my DMP for many (12)years . Paying small amount of £233 each month due to finances . Self employed and home owner so didnt want bankruptcy /iva route . Still have about £19,000 to clear so another few years till 2031, One company has offered me 60% off which I’m considering but it’s one if the smaller debts - would they accept less ? Anyone tried offering really small amounts - wondering when debt been going for such a long time they may take reduction . Any way of trying to get them  to wipe it altogether?  / lol long shot I know ! 

Stepchange said I could try a letter of ‘irresponsible lending ‘ Any idea what that would entail ? 

Many thanks everyone 

Grumpelstiltskin

Oh dear paying 12 years and still not cleared. Pity you didn't let them default ( I am assuming the debts didn't default before you started your DMP )

What to do now?  well you could stop paying them and ask for CCAs if the debts are that old highly likely they can't be found. Then when you know there are no CCAs you need not pay anything any more as they are not enforceable by court order.

tritons0

Hi thank you for responding . What is a cca? 

Yes the debts didnt default before starting dmp I think 

Grumpelstiltskin

CCA is consumer credit agreement, I guess the debts are not still with the original creditor but have been sold on.

You need to find out who owns the debts now and ask them for a CCA ( I can't find the link to the details at the moment )  No CCA no court action so you just stop paying.

RetiredTaz

I believe this is the link. Good luck with this. 

https://www.nationaldebtline.org/sample-letters/information-about-your-agreement-under-consumer-credit-act/

Courtesy of @fatbelly

Grumpelstiltskin

RetiredTaz said:

I believe this is the link. Good luck with this. 

https://www.nationaldebtline.org/sample-letters/information-about-your-agreement-under-consumer-credit-act/

Courtesy of @fatbelly

Thanks Taz.

fatbelly

I was actually about to post that, earlier, then got called away.

Yes, that is stage one.

Remember it can only be used for Consumer Credit Act debts, so loans credit cards, catalogues, not utilities, phones or overdrafts

Then if the debts survive that, move to stage two

https://debtcamel.co.uk/refunds-catalogue-credit-card/

https://debtcamel.co.uk/refunds-large-high-cost-loans/

tritons0

Thank you , I’ll try the CCA route asap , much appreciated for everyones help 

tritons0

results are back 
3 accounts from Link - unable to comply with request within 12 time frame - although account unenforceable outstanding balance remains collectible 
1 account from Lowell - unable to provide requested documents so have decided not to pursue outstanding balance - account closed ! Hooray 
Cabot -  one account unenforceable but balance remains payable 
1 other account with Cabot - still waiting although acknowledged 
Westcot - one account still waiting although acknowledged 
another wescot one which was overdraft with tsb but they say need to go into bank as they have tsb saying they’ve sent me statements??
I rang stepchange  but woman didn’t seem to know what I should do and suggested I rang the companies direct??? 

Can anyone advise me please 
I need to ring stepchange again anyway to tell them to remove the Lowell one ( as I hadn’t received that one when rang about the others ) 
many thanks 

RAS

There is a massive difference between enforceable and collectable. The latter seems to be the latest buzzword used by DCAs to try and cast doubt in debtors' minds as to whether to pay up. For example a debt that is statute barred cannot be enforced, in law. In England and Wales, not Scotland, it is still collectable.

If it's unenforceable, stop paying. So keep paying the Westcot accounts and the one waiting a reply from Cabot. In the short-term, make sure rent, utilities etc are to date and put the rest into an emergency fund. It's possible that the creditors will find the CCA, more chance they will send you some random junk in the hope you'll pay up.

Come back here if that happens.

tritons0

Thank you . I’ll call stepchange today and tell them to stop paying the unenforceable ones .