CCA help please

Winkflower

Thankyou, but as a ew years in with step change, if I stop paying some will default.
But what happens if u stop paying the ones thst have already defaulted fir a little while? 

Grumpelstiltskin

Nothing will happen whilst you are waiting to see if they can produce valid CCAs, OK you will still get phone calls etc. but until they produce CCAs they won't do anything, not saying they might try and bluff you into paying.

If you get valid CCAs then at that point you can either set up payments at the amount you can afford or go for a settlement.

Winkflower

Thankyou, step change email me the letter that they have sent to creditors every month and do the yearly reivew
f I go self managed do you have to tell them every month what you are going to pay and justify it or is it a case of telling them once and then paying that for a while?
Just feel overwhelmed with the tonight of contacting 8+ creditors each month bit do want to take control of things and see if any are unenforceable and can get some full and final offers going. Scared to stop paying the 6k one with hsbc repayment services as thatsa big one and don't want a ccj

Grumpelstiltskin

When you decide what and which creditors you will be paying you just set up standing orders to pay them and it's you that decide the amount ( a fair split ) and not what they ask for.

£6 K  is a small amount to any creditor and CCJs don't just appear out of thin air if they are thinking of going down that route they have to send you a letter before action by snail mail and that gives you time to sort something out

Rob5342

I manage mine and there is nothing to it, I just set up standing orders and sent them a quick email to say wjat I'd be paying. Every so often they ask if my circumstances have changed and I just send them a quick email saying no. 

fatbelly

Winkflower said:

Thankyou, step change email me the letter that they have sent to creditors every month and do the yearly reivew
f I go self managed do you have to tell them every month what you are going to pay and justify it or is it a case of telling them once and then paying that for a while?
Just feel overwhelmed with the tonight of contacting 8+ creditors each month bit do want to take control of things and see if any are unenforceable and can get some full and final offers going. Scared to stop paying the 6k one with hsbc repayment services as thatsa big one and don't want a ccj

It's not as logical as you think. A 20k debt with a bank might never see court action and then you get a claim on a £300 catalogue debt.

The truth is that the vast majority of debts never see court action and those that do are usually towards the end of the 6-year limit.

For those that are enforceable and you want to pay, you just set up a standing order.

Remember not to stretch yourself to the limit with those payments as you want to save on the side for possible full&finals

Winkflower

Thankyou both, I'm just getting stuck and hung worrying about the 4 that have defaulted and halting payments on them. The others I get I can stop and wait to default but the ones that have already defaulted worry me about what would be next. If I stop paying all of them to save for an EF now I could bit if I pay just thr 4 defaulted ones for now, as they are bigger ones I wouldn't have much less paying out to save for an ef or full and finals. 3 years into the dmp with step change I really regret not letting them all default but worry I'm too far in now. Thanks for your help

Grumpelstiltskin

If the creditors can prove that the defaulted debts are enforceable then pay them, but without asking for CCAs  you don't know which of them are enforceable.

Just stop worrying about what they might or might not do and take control, that is the most important thing to do, make sure it's you and not your creditors who are in control

RAS

Winkflower, if you are feeling nervous about sending CCA letters then wait for a payment to go out, send the letter, let the next payment go out and then cancel the DD or standing order. You can always re-instate the payments if they produce the paper work, just make it slightly less than Stepchange as they only allow a small sum for emergencies.

That means the creditors get several weeks to find the paperwork before you miss a payment. They know that without the paperwork, they cannot take any further action against you. They can still write letters but any "further action" will be another letter. Tell them to stop phoning and texting, if you've not done do already.

If they come back with the paperwork, check here first, but at worst you'll eventually want to set up one or two standing orders. Then probably a break of some weeks before you hear from any of the other creditors.

Meantime get that emergency fund bulked up. You might even have enough saved for utilise full and final settlements on one or two smaller accounts, particularly any that don't have defaults recorded?

sourcrates

Whilst you have a pending CCA request, a creditor will put your account on hold.

That means no payments are necessary during this time.

It can take 3/6 months for them to find the correct paperwork, if they do find it, they will send it to you, and ask you what your intentions are for payment.

If they fail to find it, they should tell you this also, they may say the debt is unenforceable, but still owed, and will you please pay us.

There is no down side to a CCA request, and no further action can take place until it has been actioned one way or another, its one of your statutory rights under the consumer credit act, which both creditor and debtor have to abide by.