Made me laugh but can they do this???

sparky25

Received a letter from a DCA this morning who bought out one of my credit card debts.

They are one of several that I have offered a £5 minimum payment to and it has been refused. After several quite volatile phone calls with a certain employee there (rudest b**ch I've ever dealt with), I told them to take me to court. Figured if I got a CCJ, I could appeal and get the judge to award me a £5 payment anyhow due to my financial circumstances.

Anyhow, have received a letter from them that states they have been monitoring my account with one of the credit reference agencies and they have received notification which suggests my financial position has improved(!) and they would like to review my account.

Well, unless they know something I dont, I would love to know how they consider my financial situation improved.

I have taken a paycut at work, have lost out on overtime rates and am in the same boat I was six months ago.

So, is this letter true. Can they monitor my account. Is this allowed. And lastly, what on earth would appear that would suggest my circumstances have changed.

Any advice.
Sparky xxx

robpw2

its rubbish its another tactic in their trying to get you to pay more DO NOT RING THEM EVER AGAIN
write to them explaining that your circumstances have changed but for the worse and thefore you WILL be paying £5

sparky25

thanks for the speedy reply Rob, have to say this company do use every trick up their sleeve.

Was just curious as to whether these DCAs can actually monitor your credit file. I was under the impression that your credit file was only accessed when applying for credit. Have I got this wrong.

Sparky x

Lost2

There playing mind games with you, there just trying to get in to your head.
Whats on your credit file other than you have credit cards loans mortgage.

suziedarkness

Sparky, I take it you have requested the credit agreement and have a notice of assignment letter from the DCA?

Suzie

sparky25

Hi Suzie,

Have typed the letter up requesting the credit agreement etc. Just need to send it recorded delivery tomorrow.

While I understand that if they cant supply this information, it makes the agreement unenforceable, can someone please advise me what I do next.

I'm slightly concerned that I did actually acknowledge this debt by originally paying this DCA £40 per month for about 2 months. Does this not constitute my recognition of the debt?

I will send this letter tomorrow, off to work now but what happens after the relevant days elapse. Where do I actually stand?

Thanks for the replies.
Sparky xx

Waspeze

sparky25 wrote: »

Hi Suzie,

I'm slightly concerned that I did actually acknowledge this debt by originally paying this DCA £40 per month for about 2 months. Does this not constitute my recognition of the debt?

I think you're getting confused between a debt that is statute barred (i.e. has had no acknowledgement or payment for 6 years) and a debt that is unenforceable due to there not being a signed credit agreement available, from what I read you are applying for the latter (a CCA) so if they haven't got it, it doesn't matter if you've paid a bit in the past.

sparky25

So basically if this DCA cant provide me with a CCA, does this mean I simply stop paying it altogether.

I am assuming (rather blindly) that the DCA would pursue it through a court (which I've actually told them to do) in order to get a CCJ. If they cant provide the CCA, does this mean its actually unenforceable in a court. Would they bother pursuing it if they know its unenforceable.

What happens if they do produce a CCA?

Sparky x

robpw2

if they do provide cca ill be suprised as they dont normally buy this
but if they did just pay it but dont feel pressured to ever give more than you can afford

if they dont then simply write to them advising it is unenforcable due to them not having a cca and they will then try to get you to pay using moraility only

sparky25

So if they cant supply a CCA, am I right in assuming that they wouldn't bother taking it to court because they know its unenforceable.

I'm not trying to avoid debt here - I created it - but what drives me mad is you try and reason with these "people" (and I use the term loosely) and they just dont want to know.

If it weren't for this forum, I think I would have caved a while back when she said they could go to court and get a charging order placed on my house and force me to sell.

I honestly wonder what makes these people do the job they do. It beggars belief.