DMP and CCA Help

debt_eejit

Hello,

Looking for some help with a DMP I started with Stepchange in the middle of last year when I separated from a partner and it changed my outgoings considerably meaning I couldn't manage the debt level I had. I can't fault them they helped a lot when my head wasn't in a great space and I wasn't dealing with the problems I should have been.

I am now wanting to get more on top of things and trying to work out what my next step should be. I think the right thing to do is to do CCA requests to the four below but I am unsure how it works for an account that predates 2008? Is it any different?

If I was to moved to a self managed DMP what would my creditors ask to see? With Stepchange I done a budget but they didn't ask for any copies of proof but it is a serious struggle on my current plan so I have very little if anything to fall back on. I will have an enforced change of job shortly so not sure if my income will reduce or go up but it would be nice to have at least enough savings to sort myself out if the washing machine packs up. 

I currently have 4 debts-
HBOS Credit Card- £9k, in default now moved to link. I have had account since 2007
Virgin Money credit card- £5k, account shows as delinquent, opened account 2019
Post Office(JAJA) credit card- £2.5k, Account shows default, had since 2008
Next Online- £1.5k, had since 2017

Anyways nice to see I'm not the only one facing this fight and wish I had seen this form before hand. 

Grumpelstiltskin

Did  you let the debts default before you started your DMP?

debt_eejit

Grumpelstiltskin said:

Did  you let the debts default before you started your DMP?

Hi,

No I was stupid and started the DMP thinking I was doing the right thing

ManyWays

I am unsure how it works for an account that predates 2008? Is it any different?
no, same template to request it

I wouldnt bother asking Virgin or Next until they sell the debt (unless they threaten court action of course which is highly unlikely)

debt_eejit

ManyWays said:

I am unsure how it works for an account that predates 2008? Is it any different?
no, same template to request it

I wouldnt bother asking Virgin or Next until they sell the debt (unless they threaten court action of course which is highly unlikely)

Thanks appreciate the response.

fatbelly

Your cca requests are made under s77-79 of the Consumer Credit Act. Those sections haven't substantially changed in around 50 years, which is why it still prescribes a £1 fee.

I do expect some changes coming on that one

Talking about pre-2008 you may be thinking of pre-April 2007 which is where s127(3) disappeared. This clause did not give the courts discretion - the so-called irredeemable unenforceability clause 

Where such an ancient account is concerned though, it does make it less likely that the creditor will be able to comply with the act and in those far-off days some lenders, e.g. catalogue companies, never used to bother getting an agreement signed

debt_eejit

fatbelly said:

Your cca requests are made under s77-79 of the Consumer Credit Act. Those sections haven't substantially changed in around 50 years, which is why it still prescribes a £1 fee.

I do expect some changes coming on that one

Talking about pre-2008 you may be thinking of pre-April 2007 which is where s127(3) disappeared. This clause did not give the courts discretion - the so-called irredeemable unenforceability clause 

Where such an ancient account is concerned though, it does make it less likely that the creditor will be able to comply with the act and in those far-off days some lenders, e.g. catalogue companies, never used to bother getting an agreement signed

Thanks for that. I had read a few things on forms from forever ago but couldn’t understand if it would be different or not. 

I definitely be writing to two of the companies to see chance my luck on if it’s enforceable or not.

Grumpelstiltskin

OK Cancel your DMP with Stepchange.

The accounts that have defaulted and moved  need CCAs sending, you don't pay them whilst you are waiting, if they can't produce a CCA that is it no need to pay ever.

debt_eejit

Grumpelstiltskin said:

OK Cancel your DMP with Stepchange.

The accounts that have defaulted and moved  need CCAs sending, you don't pay them whilst you are waiting, if they can't produce a CCA that is it no need to pay ever.

If I move from stepchange will they ask to see a budget again or can I get away with just offering the same amount?

Rob5342

debt_eejit said:

Grumpelstiltskin said:

OK Cancel your DMP with Stepchange.

The accounts that have defaulted and moved  need CCAs sending, you don't pay them whilst you are waiting, if they can't produce a CCA that is it no need to pay ever.

If I move from stepchange will they ask to see a budget again or can I get away with just offering the same amount?

At some point they will probably ask you for a budget, if not initially then later on they might ask to review your position. You don't have to give them a budget but it is often easier to do so to keep them quiet. The budget you give them doesn't have to be accurate, it just needs to be something that arrives at your payment amounts so they can tick the "we've checked this is affordable" box.

I would work out.a budget for yourself to determine how much you can afford to pay to each debt, and then tweak the Stepchange budget so it ends up at the same figures and send that yo uour creditors.

I agree about sending CCA requests to the ones that hsve defaulted and are with DCAs. Read the replies carefully as they often try and muddy the waters to make you think you still have to pay an unenforceable debt (brushing over the fact they can't produce the CCA and then going on to say its valid and collectable, making it sound like it will.turn up soon and other such rubbish). It's quite simple, if they haven't sent you a CCA then it's unenforceable, so forget about it unless it turns up later. 

sourcrates

debt_eejit said:

Grumpelstiltskin said:

OK Cancel your DMP with Stepchange.

The accounts that have defaulted and moved  need CCAs sending, you don't pay them whilst you are waiting, if they can't produce a CCA that is it no need to pay ever.

If I move from stepchange will they ask to see a budget again or can I get away with just offering the same amount?

You simply go to each collectors website and make payment of your choice, no need to produce anything or discuss anything with anyone, likewise any that are still with original lenders, just use same payment details as previously.