CCJ after default has passed?

[vegas3]

Re: CCJ after default has passed?

Thank you Flaming parrot, as always greatly appreciated.

In answer to your questions:

The larger HSBC was a credit card and the smaller and overdraft.
MBNA was always an MBNA and I am sure it was through a selling booth at an airport affiliated to an offer with points for a company every time I used it
I assume good news on Barclays and RBS I will apply to them first :-)

the Appx % is what I have paid off already on all the cards over the last 8 years and all have been present for over 8 years.

I never expect any guarantees form anyone as this is all on my shoulders, just very thankful for the knowledge and insight. when you mean court claim I assume you mean CCJ?

The ones that have been sold are they more likely to to move on CCJ if I request CCA?

Once I send the CCA if they can not enforce will they stop taking payments?

Look forward to your reply and THANK YOU again for your valuable time

[FlamingParrot]

Re: CCJ after default has passed?

Thank you Flaming parrot, as always greatly appreciated.

In answer to your questions:

The larger HSBC was a credit card and the smaller and overdraft.

Just as well, :grin: as overdrafts are not easy to challenge :ohwell: and you may want to consider a small F&F to clear that one off.

TMBNA was always an MBNA and I am sure it was through a selling booth at an airport affiliated to an offer with points for a company every time I used it

It sounds like it may have been one of them short application booklets where the terms were not present at the time and were probably forwarded to you later on, with the card. If that was the case, it would be unenforceable under s.127(3). :whoo:

I assume good news on Barclays and RBS I will apply to them first :-)

Barclays lost a lot of agreements, I think it was in the Iron Mountain Fire, so they just can't retrieve them. RBS tried to fob me off with a recon later on but I've not heard a word from them in years.

the Appx % is what I have paid off already on all the cards over the last 8 years and all have been present for over 8 years.

So you're half way through and it would theoretically, take another 8 years to pay them all off, a total of 16 years! :scared:

Out of interest, did they all freeze interest? Is your DMP with one of the free charities like Stepchange or have they been charging you to manage it?

I never expect any guarantees form anyone as this is all on my shoulders, just very thankful for the knowledge and insight. when you mean court claim I assume you mean CCJ?

NO, I do not! :nono: A court claim is just an ATTEMPT to obtain a CCJ. A claim can be defended or settled to avoid a CCJ, it's not a CCJ in itself. :thumb:

The ones that have been sold are they more likely to to move on CCJ if I request CCA?

No, you have the right to request a copy of your agreement at any time, it would be good if you could get that done before you stop the DMP though, which is more likely to spur them into action, however, they are supposed to respond to a CCA request in 12+2 working days, if they do not, the account becomes unenforceable until they send a compliant response. If you stop payments once their time to respond is up, when they start chasing you for payment you'll be able to argue that you are disputing the account on the basis of non compliance with your CCA request and that the account is unenforceable until they comply. Debt purchasers do not hold paperwork, they'd have to go back to the original lender to obtain it, and they'd be in no hurry to supply it if they've sold the account years ago, so they are very unlikely to be able to comply. :thumb: I hope you can see my reasoning here.

Once I send the CCA if they can not enforce will they stop taking payments?

Look forward to your reply and THANK YOU again for your valuable time

No, they won't stop taking payments. :flypig: It's up to you to cancel/stop the payment arrangement you've got. If it's being managed via a third party, you'd have to notify that company that you wish to discontinue the DMP with them. You may choose to keep paying some of them (such as the overdraft), but you'd have to do it yourself.

[vegas3]

Re: CCJ after default has passed?

Thank you once again for your detailed reply.

I pay the DMP a monthly fee to manage it all and every debt is currently interest free.

I will proceed on the credit cards only and see how I get on. If I add to this thread later with the responses will they be picked up?

Thank you again, you have been more than helpful.

[FlamingParrot]

Re: CCJ after default has passed?

Thank you once again for your detailed reply.

I pay the DMP a monthly fee to manage it all and every debt is currently interest free.

Good news about the interest, :clap2: however, there are free DMP providers out there. :ohwell: I'm really just posting this for future reference and for the benefit of others reading these threads (and they do get thousands of views :grin.

I will proceed on the credit cards only and see how I get on. If I add to this thread later with the responses will they be picked up?

Yes, every time you (or someone else) makes a new post on the thread, it gets bumped up. :thumb:

Thank you again, you have been more than helpful.

You're most welcome. :yo: