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The title is somewhat misleading, so my immediate apologies. I currently have a DMP servicing debt to 8 separate companies, I am in the process of paying 7 of them in full (I now have just one to go), it is the final DCA debt I need help with.
Cabot (Marlin) currently have a debt I 'owe', worth approx £25000, I would like to find out how to prevent the company taking me to court for a CCJ. I understand that perhaps there is no way to do so.
The initial agreement was made between myself and Northern Rock on 13/08/2005 for an unsecured loan totalling £25k exactly and was sold onto Cabot, late 2013. The DMP has reduced debts totalling approx £70k to what it is now, the debt currently stands solely with Cabot for approx. £25k.
I made an offer to Cabot for full and final of 25%, this was initially agreed verbally on the phone ( I realise doing this was a mistake, I also did not record the conversation!), but subsequently was turned down by Cabot. All conversations are now recorded, although I haven't contacted Cabot since, except to settle a very minor debt of £40, also held by Cabot.
The reasons I am asking for help are threefold, firstly, legaleeze is baffling to me, I can understand the basics but when it starts getting complex, my mind blows several fuses. And secondly I would like to potentially settle the debt on full and final and I feel I need some bargaining leverage. If I can establish that the company cannot go down the CCJ road, I believe that may strengthen my bargaining position.
And finally, even though the DMP has kept creditors at bay for almost 10 years, the repayments have been absolutely crippling for me personally and my family by extension. (no holidays, limited support via tutoring at school, xmas, birthdays, etc, etc.,) I have limited spending each month and this means we struggle from month to month. For instance, the carpets are now threadbare in places, just through not being able to afford to replace them. (I understand that many are in a much worse position/situation) And of course, credit is non existent, which is perfectly understandable.
So in light of my financial situation, I would like to if I can't settle, reduce payments substantially. I currently pay Cabot £100 pcm as part of my DMP with stepchange, which is fine, but my overall monthly outlay to the DMP is over £400, since I am settling with my creditors, Cabot will be the only outstanding debt and I really do not want to reward Cabot with £400 pcm for buying my debt.
I would be incredibly grateful if anyone can advise me, re: legal position, enforcements via CCA, CPUTR and SARs. re: SARs, I understand they are fairly pointless, but my own objective is to keep the company tied up with requests from me. In short, I want to be as big a pain in the rear as possible and achieve my own financial targets/objectives.
Again, thank you for any help.
Cabot (Marlin) currently have a debt I 'owe', worth approx £25000, I would like to find out how to prevent the company taking me to court for a CCJ. I understand that perhaps there is no way to do so.
The initial agreement was made between myself and Northern Rock on 13/08/2005 for an unsecured loan totalling £25k exactly and was sold onto Cabot, late 2013. The DMP has reduced debts totalling approx £70k to what it is now, the debt currently stands solely with Cabot for approx. £25k.
I made an offer to Cabot for full and final of 25%, this was initially agreed verbally on the phone ( I realise doing this was a mistake, I also did not record the conversation!), but subsequently was turned down by Cabot. All conversations are now recorded, although I haven't contacted Cabot since, except to settle a very minor debt of £40, also held by Cabot.
The reasons I am asking for help are threefold, firstly, legaleeze is baffling to me, I can understand the basics but when it starts getting complex, my mind blows several fuses. And secondly I would like to potentially settle the debt on full and final and I feel I need some bargaining leverage. If I can establish that the company cannot go down the CCJ road, I believe that may strengthen my bargaining position.
And finally, even though the DMP has kept creditors at bay for almost 10 years, the repayments have been absolutely crippling for me personally and my family by extension. (no holidays, limited support via tutoring at school, xmas, birthdays, etc, etc.,) I have limited spending each month and this means we struggle from month to month. For instance, the carpets are now threadbare in places, just through not being able to afford to replace them. (I understand that many are in a much worse position/situation) And of course, credit is non existent, which is perfectly understandable.
So in light of my financial situation, I would like to if I can't settle, reduce payments substantially. I currently pay Cabot £100 pcm as part of my DMP with stepchange, which is fine, but my overall monthly outlay to the DMP is over £400, since I am settling with my creditors, Cabot will be the only outstanding debt and I really do not want to reward Cabot with £400 pcm for buying my debt.
I would be incredibly grateful if anyone can advise me, re: legal position, enforcements via CCA, CPUTR and SARs. re: SARs, I understand they are fairly pointless, but my own objective is to keep the company tied up with requests from me. In short, I want to be as big a pain in the rear as possible and achieve my own financial targets/objectives.
Again, thank you for any help.
I've seen other sites recommending using CPUTR as a tool for many years, however, I've yet to see a claim successfully defended on those basis.
Only the original creditor could reconstitute an agreement from their own data sources, although you are right about the fact there's no need for a signature.
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