DCA help - what next? UPDATE

RAS

Hi

IF they send you court papers, do not panic. As long as you quote the relevant case law, they cannot touch you. What they hope is that you will be scared into paying, but actually as long as you defend the case, they are stuffed.

Shelldean

Thanks Merlinexcalibur

big bad wolf sure describes them correctly, and they certainly are scaring me lol

this is my only "real" debt, all my others are credit cards, bank loans etc but they are all current debts, that i've gone into with my eyes wide open. I've worked hard to make credit score good and i'm worried i've opened a nasty can of worms.

Shelldean

Ras

thanks for that thought LOL will hyperventilate if court papers come thru the door. But i do need to defend it don't i? to make sure the case is heard local to me?

I know each case is different but do you honestly think they may take me to court?

And can i ask do DCAs normally send their letters by recorded post?

RAS

Well, since this debt dropped off your credit record at least 6 years ago, there is no way they can mark your credit record now.

Shelldean

Can they not put a default on now? or does the default have to go when i stopped paying the orginal agreed amount?

and IF they do tale me to court, surely that will show on my credit record?

sorry for all the questions but i know this is gonna niggle me

RAS

Hi

They can only put a default on a debt that is already on your account. Since you have been paying from 1997, this debt fell of your account in 2003.

They can take you to court but thay cannot win.

It is only if they win and you then fail to pay that the CCJ is registered against the debt.

Shelldean

OK thanks Ras,

will update when i receive anything

Shelldean

OK am now updating as last week at some point I recieved the following letter.....(have made it bold where they have)


You have disregards numerous requests for settlement.
Unless we receive a payment and repayment proposal at this office by NOON 28th Apr 09 a claim will be prepared for issue in the AYLESBURY COUNTY COURT for the debt, interest and an application for costs. Any judgemnt given will be enforced by the court bailiff.



SO what now? I know you're all going to say it's a bluff ect but i am SO scared. Just wanna cry. Hubby has offered to put it on his credit card just to ease my stress. But I'm refusing his offer ( cos thisa loan was for my first wedding and i'm not letting him pay for that) and also cos on his credit card it will incur interest which it currently isn't doing.



One more thing despite several request to address me by my married surname ALL letter are in my maiden name BUT with mrs instead of miss does this have any bearing on the matters?

RAS

Shellldean

You need to take a deep breath.

Since this debt was a loan, they can issue all the court forms they want. If they do the only defence required is that they have nt produced the CCA and they will be unable to get a judgemnent against you.

What other forums have been seeing is people freaking out when the court papers were sent and the DCA then in a few instance wins by default because the debtor has not informed the court of the situation.

IF you get court papers come back here and we will help you. You have a fuill defence.

You really do also need to complain to the OFT and trading standards about this letter as if you defend the case they have no chance of winning.

fermi

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