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Trying to get free and out of DMP
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Housewannabe
Posts: 1 Newbie
Hi, i have been in a DMP with payplan for around 12 years, and still have a long way to go. I potentially may have a gift being offered to partially pay off some of my debt, but the giftor is keen to keep it as a low as possible. I still have £20k to pay off,paying £80 a month, to 11 creditors. How would i go about trying to find a reasonable settlement figure please? Is it worth me asking for CCAs for them all? I've read about some people doing this and then getting a CCJ. My credit file is currently clean as the debts are so old, so am desperate not to derail it. My two biggest debts, at 10k in total are both with link, and I've heard they are hard to negotiate with? So was thinking of offering some money to the the smaller ones (4 are with lovell and around £2k in total) but am wary that it could annoy others. Help, I don't know the best way out of this.
I want to apply for a mortgage in around 5 years, so need a clean credit file.
Any advice much appreciated thankyou
I want to apply for a mortgage in around 5 years, so need a clean credit file.
Any advice much appreciated thankyou
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Comments
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The starting points for any old debt is that you send a CCA letter to the current "owner". If they can not produce this the debt is unenforceable.
In some cases it may be appropriate to make affordability claims. If Buggins increased your limit every time you reached close to it, it's most likely they need to repay some of the interest etc. Debt Camel are your best source of information on this. An OP here recently reduced the amount owed by over 30% average over three debts.If you've have not made a mistake, you've made nothing0 -
Don't rush into making any payments or indeed don't think about making offers at the moment.
Stop paying and send CCA requests, if any of them do come back with valid CCAs then start with an offer of 20%.
CCJs don't just appear out of thin air the creditor have to go through a legal procedure, the only slight problem may be if they don't have your current address.
They have to send a letter by snail mail and if they haven't produced a valid CCA that is your defence and no CCJ, but if for any reason the letter is sent to a different address and you can't defend then a CCJ can be issued.
Don't worry about that at the moment as it is only a slight possibility and way down the line.If you go down to the woods today you better not go alone.0 -
Getting the best outcome will take time. To start with ask for CCAs, if they can't produce it then you can ignore those debts completely. If they can then make a low offer, if they reject that the put your payments down to a small token amount and try again in 6 months.
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Making a request for information under sec 77/79 CCA is a statutory right under the consumer credit act.
You cannot be penalised for these actions, and there is no link between exercising your rights and creditors taking legal action, its pure fantasy.
If they don`t possess the correct legal paperwork, they cannot take legal action anyway, lenders do not do things out of spite or "throw their toys out of the pram" decisions are mostly automated, with cost to spend ratio been the bottom line here.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-letter0
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