help :(

evondoll · 23 October 2007 at 8:32PM

Hi all,

I posted recently on here about a loan I have being sent to a dca and I'm kind of looking for a bit more advice. Sooooooo confused about the whole thing really. Hope this post makes sense as half the time I dont know what these people are talking about!

I contacted the dca and asked if they had a 'true copy of the original consumer credit agreement and deed of assignment'. They say they don't have this and that is still with my original creditors.

So I contacted the original creditors and asked them if I could continue making payments to them instead of the dca, who if I'm right don't really own my debt(?). The original creditors say they wont accept any more payments from me direct to them but I HAVE to make them through the dca.

Then to make things worse the dca are saying that they now WONT accept any payment offers untill I give them more details about my income/outgoings. They even had the cheek to say on the phone today that they 'think I have more than enough money in the bank to pay off the entire loan today and that is why I don't want to give them my bank details'!!! Yeah if I had that kind of money sitting in the bank I would just leave it there and allow myself the stress and upset at being chased by an awful dca!

The original creditors told me on the phone today that so long as I agreed to pay the same monthly payment (to the dca) then I didn't need to give the dca a report of my income/outgoings.

The amount I offered to pay the dca was actualy MORE than on the original loan agreement so I told them that I don't have to give them this info.....they say 'If I don't provide them with the required info within 7 days they will take me to court'

Feel like I'm banging my head up against a brick wall atm.......So in short, my original creditors want my money but only if its paid through a dca and the dca dont want my money until I give them a report of my finances.
Why should I give a dca details of my finances if they don't really own the debt that I owe??
I just want to pay off my debt, I really do. So why all this hassle?
I'm still not keen on giving the dca any more info about myself so are they legally entitiled to this info like they say they are? And if they are not then were do I go from here?

Sorry for such a long post,
E x

MissKJ · 23 October 2007 at 8:39PM

sorry I can't help, I hope some-one else will be along soon to answer your questions....

Larumbelle · 23 October 2007 at 9:21PM

Hi evondoll

Don't be bullied by the DCA. They know the law, they just think they are above it.

If they can't provide a signed CCA they can't legally collect your money. End of story. They can try and hassle you, but we can help you to send them packing. They can pass the debt back to the original creditor, but the chances are that if the DCA doesn't have your agreement nor do the original creditor, so guess what? That's right, the original creditor ccan't legally put a claim on your money either.

Let them threaten to take you to court. They won't be able to without a credit agreement.

I would personally stop all payments. If I felt I owed the debt, it would be for the original debtor to collect, not some DCA that can't even act within the law.

BTW if the DCA has allowed 40 days to expire since you requested the original agreement they are now committing a criminal offence.

evondoll · 23 October 2007 at 10:02PM

I forgot to ask the original creditors if they have the signed cca. I'll get onto that tomorrow.

I'm not even that bothered now who I pay, it would just be nice to pay someone and clear this debt. I do find it frightening though, reading the letters from the dca and getting threatening phone calls from them....I'm just not sure what to say to them. I guess they use the fact that I have little knowledge against me and can pretty much say what they want as I then have to go (here) and look it up!

Have I got it right though that since the dca don't have the cca then legally I don't need to pay them anything?
If this is the case though why are my original creditors saying they will only accept payment through the dca?

And why are the dca saying they will take me to court? Are they allowed to lie???

Love E x

Larumbelle · 23 October 2007 at 10:35PM

evondoll wrote: »

I do find it frightening though, reading the letters from the dca and getting threatening phone calls from them....I'm just not sure what to say to them. I guess they use the fact that I have little knowledge against me and can pretty much say what they want

Got it in one. They aim to scare the wits out of people and use lack of knowledge as a weapon. That's why I believe that, even if you should, morally, pay a debt, it shouldn't be to people with no morals. I know that other people here feel differently, I'm just stating my own POV.

evondoll wrote: »

Have I got it right though that since the dca don't have the cca then legally I don't need to pay them anything?

Sort of. The debt is legally unenforceable. There is a difference. It's subtle shades of grey, I suppose.

evondoll wrote: »

If this is the case though why are my original creditors saying they will only accept payment through the dca?

Because they have sold your debt to the DCA, or have allowed the DCA to 'take over' the debt for comission. They will tell you this because it will be a contractual agreement to do so.

evondoll wrote: »

And why are the dca saying they will take me to court? Are they allowed to lie???

No, they're not allowed to lie. They may be allowed to be economical with the truth. It is rare for a DCA to say they will take you to court, more often they say they may do or are considering doing so. This is pretty much legal. On the other hand if a DCA claims they will take action they do not legally have the right to, such as send debt collectors (NOT bailiffs) to seize your goods, then they are breaking the law.

Clear as mud, ain't it?!

Ask the DCA formally (ie in writing and via recorded delivery) for a signed agreement, then post back here with the response, or lack thereof, and get further advice.

Do you have just one problem debt or is it a symptom of bigger troubles? If the latter, why not post an SOA and see if we can wave our magic wands?
.................................. insert own sick joke here:rotfl:

Gale_10 · 23 October 2007 at 10:54PM

Hello there,

E, you can also write to the DCA and tell them that you will only accept communication in writing. You must write to tell them this of course, and I would send it registered post, just to be on the safe side.

I think there is a template for the letter you can send, but so long as you say I do not acknowledge any debt to you or your company at the top of the letter - it seems you should write that on most correspondence, you can just say all correspondence should be in writing and telephone calls will be considered harassment.

I hope that is useful to you

Gale

Larumbelle · 23 October 2007 at 11:04PM

Gale is right. Never a factor for me, because nobody has my number. Barclays got hold of it for a while, but I wrote to them and after I
put them on hold for a second then completely and innocently forgot they were on the line :whistle:
they saw my point.

Incidentally, never confirm your identity to DCAs if they do phone. Don't answer the security questions on the phone. Let them prove you're the person they want to speak to.

help :(

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