New member – Debts / Anxiety / Depression – Advise Needed

245

Comments

  • HITS
    HITS Posts: 27 Forumite
    fatbelly wrote: »
    On (3) I think I'd leave Amex alone as it's been 4.5 years since you heard anything. That one might be written off.

    If you've not heard anything from Capital One for a year it's a toss-up whether to leave it or not. Maybe leave it till last and try too sort out the others first.

    Yes I was thinking of not disturbing Amex too. The only thing I've "heard" from Capital One 6 monthly statement. Does that make the debt "live"?

    Thanks
  • HITS
    HITS Posts: 27 Forumite
    Hi Sourcrates & Fatbelly

    I would be very grateful for your feedback on couple of the posts above please.

    Many thanks and it's appreciated.
  • sourcrates
    sourcrates Posts: 28,876 Ambassador
    First Anniversary Name Dropper First Post Photogenic
    HITS wrote: »
    sourcrates wrote: »
    (1) then the debt is enforceable, up to you how you proceed.

    If they have the right agreements and it's enforceable, I am concerened that they would come after me and go for CCJ on my file and put me back another 6 yrs. I don't have the funds to pay that off. Would DMP be advisable to stop calls, letters and CCJ anything else you can suggest?

    Thanks
    HITS wrote: »
    Yes I was thinking of not disturbing Amex too. The only thing I've "heard" from Capital One 6 monthly statement. Does that make the debt "live"?

    Thanks

    If anything, making a CCA request shows a creditor you are savvy about yours (and there) rights and obligations, and are more likely to treat you with caution because of that.

    However you are correct that agreeing a payment plan stops collection activity yes.

    The likelihood of court action is influenced by many factors, and exercising your rights under the act has no bearing on that one way or the other.

    Creditors are obliged to send you statements at least once a year, again, that is covered under another section of the consumer credit act, failure to provide a statement means they cannot charge interest or enforce the agreement, whilst the breech continues, it has no bearing on the debts enforcability as a whole.
    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-letter
  • HITS
    HITS Posts: 27 Forumite
    sourcrates wrote: »
    HITS wrote: »


    However you are correct that agreeing a payment plan stops collection activity yes.

    Creditors are obliged to send you statements at least once a year, again, that is covered under another section of the consumer credit act, failure to provide a statement means they cannot charge interest or enforce the agreement, whilst the breech continues, it has no bearing on the debts enforcability as a whole.

    Does a DMP with a company make a stronger case to stop collection activity compared to me doing it or does it not matter?

    Can the debt become statute barred if you're only receiving statements and no payments are being made?

    Thanks
  • fatbelly
    fatbelly Posts: 20,489 Forumite
    Name Dropper First Anniversary First Post Cashback Cashier
    HITS wrote: »
    sourcrates wrote: »

    Does a DMP with a company make a stronger case to stop collection activity compared to me doing it or does it not matter?

    Can the debt become statute barred if you're only receiving statements and no payments are being made?

    Thanks

    (1) Makes no difference. Collection activity stops, court claim is still possible, with either version of a dmp.

    (2) Debts become statute barred if there is no acknowledgement, by payment or in writing, by the debtor or his agent,for 6 years. Activity by the creditor makes no difference.
  • Michaelio
    Michaelio Posts: 9 Forumite
    I am so thankful that I got here and it is very informative information. Once again thanks.
  • HITS
    HITS Posts: 27 Forumite
    Hi Michaelio

    I am glad it was of help to you, thanks to Sourcrates and Fatbelly.
  • HITS
    HITS Posts: 27 Forumite
    Complained to Barclaycard that they should have defaulted me after not making minimum payment on 7 occasions and they agreed. They have requested Link to back date the default to July 2011 which is when the account was passed on to recovery. This means that the default will fall of next month together with all others leaving a clean credit file!! :)

    CCA sent to the three creditors!

    Thanks again.
  • HITS
    HITS Posts: 27 Forumite
    Hi Sourcrates and Fatbelly

    Updates:

    Robinson Way - They replied to my CCA request saying that they have requested all relevant documentation and that they have had to cancel the direct debit due to the query on the account.

    Cabot - No reply after two weeks.

    Can you please advise what steps to take next on both of the above.

    Many thanks in advance.
  • sourcrates
    sourcrates Posts: 28,876 Ambassador
    First Anniversary Name Dropper First Post Photogenic
    HITS wrote: »
    Hi Sourcrates and Fatbelly

    Updates:

    Robinson Way - They replied to my CCA request saying that they have requested all relevant documentation and that they have had to cancel the direct debit due to the query on the account.

    Cabot - No reply after two weeks.

    Can you please advise what steps to take next on both of the above.

    Many thanks in advance.


    Robinson way, wait and see what they come up with, if after 8 weeks, you've heard nothing, write to them with a reminder, same timescale applies to Cabot.
    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-letter
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