Debt transferred to Debt Managers from Droyds

debtdafty

I made a full and final settlement to Droyds which was refused (it was 40%) and have just got final demand from DM with no prior warning from Droyds that they were transferring the debt. Reading other posts on here it seems DM are !!!!!!!os of the first order so..... Should I ignore them and write to Droyds again with a slightly better offer? My debt is a catalogue BTW. I know you lot wll have some good advice. (I've had one F & F offer accepted by another creditor and have paid up, so that's one out of the way. Yippee).

RAS

hi

We need to know rather more about the type of debt and its age before we can help you.

debtdafty

Not sure what you need to know but here goes. The debt is £1300 and I've been paying £5 per month for the past three years. I offered just over £500 which Droyds refused a month ago. I offered that amount because I used the standard formula recommended by all debt advisory services. I'm currently waiting for responses from other creditors who are taking ages to respond so I've just sent reminders. I'm not in the best of health as I have a serious heart condition and just want 'closure' as the Americans say. I will be claiming the state pension next year and won't be able to afford instalmentsto any creditors so this is a last ditch attempt to rid myself of all my debt as best I can. I have one creditor who has started court action and I have offered a F & F settlement to their solicitor to avoid going to court. That is the one that worries me the most. Sorry, I've gone off track a bit and increased the areas I need help with.

RAS

Ok

Given the age of this debt and the fact that it is a catalogue debt, have you asked for the CCA?

debtdafty

I was wondering about that. What are the scenarios then if I ask for it and should I ask Droyds or DM?

RAS

hi

if you ask for it and it is produced, then you have to pay, but at worst they could take you to court for a CCJ. If they did, you need to go to court not just accept the CCJ. If you have been paying monthly, then it is likely that the court would mae a judgement for the same amount as you are paying.

If is is not produced, then you have no obligation to continue paying.

Also

debtdafty

Ras, sorry to be a bit thick but I don't understand. I've acknowledged the debt with Droyds by offering a F & F Settlement does this not make any difference? As for the CCA I'm pretty sure that I never signed one. In fact I didn't realise when I applied for the catalogue that the credit offered was interest bearing and even when I got into difficulties and informed the catalogue they still kept piling on the interest. As DM have a nasty reputation I'm worried tht their tactics might get more threatening if I ask for the CCA. I don't want to take the risk of going to court as I just don 't want the hassle and humiliation of having to reveal my finances and assets and possibly getting a charge put on my house which I own outright. What do you think? BTW thanks for taking the time and effort for me and others you have helped.

RAS

DD

Acknowledgement of debt is releveant if you try to claim it is statue barred. it is not relevant if you ask for a CCA.

In both case the debt still exists but the creditor is unable to enforce it through the courts.

Some people use the fact that the CCA does not exist to stop paying the debt, others use it to force the DCa to accept their terms of payment.

if you were unaware of the fact that interest applied, there is a good chance you did not sign a CCA. There has been a change in the law since which on-line applications have only required a tick box to be filled but it looks like yours is old enough for this to be irrelevant.

You have to understand that no DCA is required to accept a full and final and the fact that you have offred one means they ae now hoping you will offer a bigger one.

If you are in arrears anyway and have a default, then there is no harm in dong a CCA. In fact, I would query why anyone pays someone money unless the person proves that they now own the debt.