pesky dcas scare tactics?

thomsmyth

i need help regarding a dca!!
I have 4 defaults with tessera/fenton cooper. They expire next year. I have been paying £40 pounds to each one for i'd say about a year. I did pay a different amount before this. I received letters to say they would accept 50% of each as a final payment. So the smallest one i have with them is an overdraft (should i say was an overdraft) now standing at £407. I rang up about this and asked about a final payment. He said £350 and i said i can't afford this so i'll just keep paying what i do. He then said and he was becoming quite aggressive that the 6 month review was up and i needed to give him my budget again. I said i didn't have time and i will post him one. He told me he needed to do it now over the phone. Again I said I will post him one and said that I would prefer, when dealing with them, to do so by post. He said that was no good and that he would be bringing me to court regarding it. I said I thought he was being unreasonable and I would post him a budget- still not good enough.
What will i do now? I really can't afford anymore than what I'm paying. I earn about 1300 per month after tax but i have other outgoings?

Anyone able to help?

Can they bring me to court if i am already making fairly reasonable payments( in my opinion)

Should i go down the cca route?

cheers

Thom

poorandindenial

He is just trying to scare you, they are not allowed to make spurious claims about taking you to court and while they can take you to court if they want, if the payments are reasonable it will cost them a lot of money and get them nowhere.

You can INSIST that you only deal with them in writing.

If you think that the CCA route is right for you then do it, not sure about the overdraft one though and whether CCA applies to that, it might be worth a mooch around the nationaldebtline website to check before you set off on it.

thomsmyth

he told me that no he was within his rights to do it over the phone.
Should I send a budget or should i !!!! them off and send a request for a cca as i opened these accounts in 2000/2001

poorandindenial

Info on CCA requesting: http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=getting_a_copy_of_your_credit_agreement_and_account_details
(DO NOT sign the letter, just print your name - as long as that isn't how your signatue is)

Also see the putting pressure on section, he was quite clearly threatening you to make you increase your payments

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=03_harassment

They can demand a six month review but I shouldn't have thought they can insist you do it over the phone - you might not have the info to hand for a start, give National Debtline a call and they will advise you how to approach the situation as a whole.

GeorgeUK

Hi Thom

Unfortunately, you can't do a CCA for an overdraft. Have you tried reclaiming charges though? You can only go back 6 years but you may be able to get your letter away so that it is registered while waiting for the outcome of the test case.

(Wonder how banks are going to deal with that after the last few weeks)

They have demanded nothing in writing so you don't need to do anything until something is received in writing. I would suggest if you intend to make an offer, to do it in writing so that you have proof that it is the amount stated and that it is a full and final settlement rather than a partial settlement.

thomsmyth

I have 2 letters ready to send to them-
1 an SAR request
1 for to stop phone calls

I have been paying every month and it was in fact me who rang them to tell them i wanted to double thee amount i was paying back every month.
Surely they cant take me to court if this isa the case.