what are my rights regarding DCA's

stevejones0501 · 25 July 2009 at 12:15PM

Hi all, im a newbie here and this is my first post!
Ill start with a bit of background info, i owe money to three DCA's and due to my hours being drastically cut at work and no longer get my shift allowance, (roughly 500 per month), im finding it extremely difficult to keep on top of things, 2 months ago i had to stop paying them as i just dont have the money for them anymore. Since then all i seem to get is phone call after phonecall and letter after letter from them demanding thier money. Is there anything i can do, i have done some research and found similar posts with responses like send a letter asking for oringinal agreements and deeds etc as the debt might not actually be enforcable. This is still a bit confusing for me as im not sure what applies to me and what doesnt. Any help would be greatly appreciated. oh one last thing, these DCA's are Lowell, Aktiv Kapital and Credit Resource Solutions.

Tixy · 25 July 2009 at 10:02PM

Hi Steve and welcome, sorry you haven't had any responses earlier.

Right firstly can you tell us what the original 3 debts were for? Who with and what type of debt (eg loan, credit card, catalogue etc). And also when you originally borrowed the money/ started an account (important to know if it was before or after April 2007 (as the law changed then)).

For certain types of debts taken out before April 2007 the creditor needs to have the original signed (by you) consumer credit agreement with very specific prescribed terms on this document. This document makes the debt legally enforceable.

Quite a lot of companies routinely never had such a document. Other companies may have had them but lost them in an individuals case. If no such document exists then the creditor (or a DCA) are unable to legally enforce the debt in a court, which in effect means they can't get a CCJ against you providing you defend the claim and tell the judge there is no CCJ.

Unfortunatley the creditor/dca will continue to hound you for the money and will continue to make entries on your credit report.

So what a lot of people do is request a true copy of the original agreement for the cost of a £1 postal order. (confusingly the copy they send does not need to have your signature but they do need to have one with your signature on their files).

If they don't send you a CCA or they send you one that is not legally correct (you can get advice on here to see if it is) then you send a letter to put the account formally in dispute.

The effect of this is
1) a disputed debt should not be passed on to a DCA or if with a DCA to a new DCA.
2) if they threaten you with a CCJ you will have a defence.
3) if you want to make a reduced full & final settlement then they are more likely to accept a lower percentage figure.
4) they are (possibly) more likely to accept reduced payments for you if you cannot afford more (because there is not much else they can do).

A completely seperate issue you may want to consider is has there been at any point in time a period of 6 years (5 if you are in Scotland) where you did not make any repayment to either the original creditor or the DCA? If so the debt may be statute barred (even if you have started paying them since that period) and you may not need to pay anything.

Hope this has made sense. Any more questions then ask on here.

(If anyone wants to add to my explanation or correct it please do)

Tixy · 25 July 2009 at 10:06PM

You also have the right to stop a DCA phoning you at work or phoning you at all if you so wish.

You also have the right to stop them doing a doorstop visit to hound you for extra money.

stevejones0501 · 25 July 2009 at 11:43PM

thanks for the quick response, the debts were as follows:-

lowell group, hsbc loan early 2004, balance 2600
aktiv kapital, comet finance for pc, balance 2100
credit resource solutions, car insurance cancellation early this year, balance 300.

as for the DCA's phone calls, i would love them to stop all together as im recieving around 10-15 calls per day all from different numbers but the same company and its driving me nuts!! how would i go about this? do i send a letter stating that i would only like to be contacted via post instead or doorstep calls and relentless phonecalls.

Tixy · 27 July 2009 at 10:53AM

Hi Steve

This is a telephone harrasment letter template http://forums.moneysavingexpert.com/showpost.html?p=11571485&postcount=4

And this is one to stop doorstop visits

http://forums.moneysavingexpert.com/showpost.html?p=23635529&postcount=94

I'd suggest you combine them and if necessary amend slightly to fit your circumstances. Hopefully that should help a bit.

stevejones0501 · 27 July 2009 at 11:29AM

:beer:
your are an absolute star, thanks!!:A i have just been down to post office to get my postal orders and will have all the letters out today via recorded post. decided im gonna keep a log of everythin i do with dates and times included. also i have read on here that after sendinding the 12 day cca letter that there is a 30 day one to send but it didnt have any links to it. anychance you might know where i can find that?

dancingfairy · 27 July 2009 at 11:33AM

Have you tried shopping around for things? just by changing gas/electric/mobile tariffs/cutting sky/shopping around for insurances etc you can save a fair bit of money with little effort. Also by meal planning and buying only what you need that can save a bit as well.
Apologies if you have tried this all.
df

Tixy · 27 July 2009 at 11:34AM

The 30 day letter is no longer relevant (I think the law changed? not entirely sure but you don't send the 30day one anymore) so after 12+2 days you just need the failure to provide CCA /debt in dispute letter (well unless they do provide one).

Tixy · 27 July 2009 at 11:35AM

Oh - and as the car insurance is a recent debt then this isn't covered by the CCA request template letters given, they are only for debts pre April 2007.

stevejones0501 · 27 July 2009 at 11:44AM

wow that was a lightening fast response guys lol:D
Tixy: thats good then about not having to do the 30 day thing. i think i have found the account in dispute letter so i have that all ready to go if i should need it. the car insurance one to be honest is nowhere near as bad as the other two, not sure if its because its such a small amount compared to the other two, but with the ammo you guys have supplied i should be able to hold them off for a bit at least. is it advisable to carry on paying until thier 12 days is up or just stop until they provide cca.
Dancing fairy: we only have one pay as you go mobile for the house now and we canceled sky as we thought that its 26 quid that could go on a bill. we are pretty good like that but as for food shoppin etc i like to try and keep things as fresh and as healthy as i can as i have a 5yr old boy who i think should get good proper meals, however if there are any recipes that anyone has that are cheap cheerful and healthy i would love to try them! may ease the squeeze a bit lol;)

dancingfairy · 27 July 2009 at 11:47AM

It might be worth posting an SOA (statement of affairs) - perhaps on a new thread and see if people have any ideas where you can save a bit of money although if you've shopped around for everything there might not be much to save but it all helps.
With regards to the shopping budget etc have a look at the Moneysavingoldstyle board - they have loads of recipes and ideas over there I think someone even tried to feed themselves on 50p a day at one point which is quite extreme but I'm sure you'll find loads of ideas and suggestions over there.
df

what are my rights regarding DCA's

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