Part Settlement Offers

sourcrates

freddie2020 said:

Thanks - 

In terms of requesting a CCA - is best is to email?  (as have record of asking)  And will put into process holding the account / payments - WITH proof of asking.

And follow up again with phone call / letter?

No, not by email, not by phone, you must follow the correct process, especially if a debt worth a few grand is at stake, you make the request in writing using the standard National Debtline template letter, as there is a statutory fee of £1 to pay with each request.

See here:

National Debtline | Sample letters - Information about your agreement under the Consumer Credit Act | National Debtline

Some lenders do not bank the payment, but for the request to be legally compliant, you must send a letter, and include the £1 payment either by cheque if you still have them, or more commonly a £1 postal order, leave it blank so if they return it, it can be re-used.

freddie2020

sourcrates said:

freddie2020 said:

Thanks - 

In terms of requesting a CCA - is best is to email?  (as have record of asking)  And will put into process holding the account / payments - WITH proof of asking.

And follow up again with phone call / letter?

No, not by email, not by phone, you must follow the correct process, especially if a debt worth a few grand is at stake, you make the request in writing using the standard National Debtline template letter, as there is a statutory fee of £1 to pay with each request.

See here:

National Debtline | Sample letters - Information about your agreement under the Consumer Credit Act | National Debtline

Some lenders do not bank the payment, but for the request to be legally compliant, you must send a letter, and include the £1 payment either by cheque if you still have them, or more commonly a £1 postal order, leave it blank so if they return it, it can be re-used.

And send the letter with a signed service?  

If can proove letter has been signed for on recipt - will not give them any wriggle room to say never got it?

I guess no harm sending the letter - then emailing the Royal Mail online proof of it being signed for?

sourcrates

Majority of post is delivered to these companies in bulk as you can imagine.

Even a signed for service is not a guarantee of a signature, but you can do so if you wish.

freddie2020

sourcrates said:

Majority of post is delivered to these companies in bulk as you can imagine.

Even a signed for service is not a guarantee of a signature, but you can do so if you wish.

Thanks for all the advise so far - much appreciated.

In terms of getting a mortgage with outstanding debt  (albit over 6 years old and not on credit file)

If any remaining creditors could not provide a CCA, but debt is still "there"
When applying for a mortguage - coulld I honesly put on the application no outstanding personal debt?

Thanks

freddie2020

sourcrates said:

freddie2020 said:

sourcrates said:

freddie2020 said:

I read that sometimes creditors can re produce one - and use in court, if cannot get the original?

Its known as a "re-constituted agreement" and is a perfectly acceptable substitute.

However, they can only use details they already have on their systems, they cannot simply make stuff up, if they do not hold sufficient information to re-constitute an agreement, they are required to say so.

OK thanks,

If I were to stop paying them under my DMP, until they produced a CCA.

Can they without any prior warning, start a CCJ case? (Have been paying under the 6 years)

Or would they have to give prior warning to starting court procedings?

My worry is, I stop paying - and then have a CCJ with no warning, as have defaulted on the agreed DMP repayment plan.

Accounts are generally put "on hold" whilst a CCA request is actioned, so no payments are necessary.

Making a request for information under sec 77 CCA, is a right granted to you under the consumer credit act and has no bearing on whether a creditor takes legal action against you or not.

If they did take action through the courts they would have to follow the civil procedure rules which starts with a letter before action, but this cannot happen whilst there is a dispute to be reconciled.

You will not have defaulted on DMP payments as these are made on a voluntary basis not under any legal or regulated financial agreement, sec 77 has been around since 1974, and is there for all and sundry to use at there discretion, you cannot be penalised for exercising your statutory rights.

Thanks.

If I stopped paying any DMP payments... and the creditor was determined to start court actions.
How many months of no DMP payments, might they start proceedings?

Could I sort of, do a of "test" with all creditors - stop paying entire DMP, and then see which ones send a letter for potential CCJ action.

Worst case being, requested CCA  (letter lost), then cannot lean on fact never got CCA

sourcrates

You may be over thinking this process somewhat.

Best not to speculate on what "might" happen, just deal with things that "do" happen.

freddie2020

Probally overthing asourcrates said:

You may be over thinking this process somewhat.

Best not to speculate on what "might" happen, just deal with things that "do" happen.

Probally overthing again as you said...

However if request a CCA, whilst at same time dropping DMP payments to £1 per month.

Might the creditors be wise to this tactic?

1.  Request CCA...  hopefully cannot produce it....stop paying DMP
2.  Can get CCA.....drop DMP to £1 per month - in the hope of lower F+F later

Might the creditor then start a CCJ?  As can been seen trying to either stop payments (no CCA),  or get a lower F+F in the future?   So they might try to grab what they can with a court case...

Thanks

Grumpelstiltskin

They don't just grab what they can by going to court. They have to send you information by snail mail that says they are thinking about taking action, it's called a letter before action and that give you chance to do something.

So unless you receive a letter before action by snail mail forget it.

freddie2020

Grumpelstiltskin said:

They don't just grab what they can by going to court. They have to send you information by snail mail that says they are thinking about taking action, it's called a letter before action and that give you chance to do something.

So unless you receive a letter before action by snail mail forget it.

More overthinking...

Letter is lost? And do not have follow up by email / phone call.

Debt will always be there - if can afford the 50% F+F  (most offering) - probally best to settle it if can afford to, and debt is finsihed...... for good.

Worst case miss / lost court action letter, then have another dent on credit file, after waiting 6 years for credit footprint to be clean(er)...

Grumpelstiltskin

Please forget overthinking, it does you no good, the chance of a letter before action going missing is minute, Concentrate on the here and now not what might happen if if if if way down the line, it does you no good to keep  on like this, it's a complete waste of energy.