DCA - What should I do?

bailey59

Hello everyone, I'm just after a bit of advise please. I had a credit card with Capital One who due to non payment have passed the debt over to a DCA (Cap Quest). They wrote to me initially telling me they now had my debt and they have sent a few letters since I also had a couple from their solicitors. I have wrote to them and spoke to them on the phone explaining that I was getting advice from the CAB & CCCS before making a decision. I have now sent one token payment to them with a DMP which I now realize after finding this forum that I have done it wrong so I will contact them again with a revised payment plan. (I didnt include all my creditors and do a pro-rata DMP) My question is what should happen with a DCA? Should I ask for proof or something that they have got the debt although it would seem they have everything in order? What is the normal proceedure? They have been phoning me from 8.15am to as late as 9pm and the latest phone call was asking for 2000 pounds (I owe 7000) and if I couldnt remortgage or get the money from a friend or family member then further action would be taken against me. I was told that if I could not pay the money within 7 days I could instead do a payment plan of 250.00 per month which I cant do. This is why I sent the lettrer last week and token payment to them and I told them CCCS would contact them with a DMP. I darent answer the phone anymore!

PNPSUKNET

NEW REGUlations in relation to debt collection, requires that if you are seeking debt advice that they are required to give you 30 days breathing space to seek advice

DarkConvict

It is always a good idea to seek proof for the debt. If it is a credit card (i guess so since been Capital One) then you should send them the CCA letter. In addition it maybe worthwhile getting a breakdown of the debt and send a SAR letter aswell.

The post hyperlinked above for the CCA, goes further than proving the debt, but as far as seeing if it is legally unenforceable.

Correct me people if i am wrong, but the CCA goes to the current owner of the debt, so the DCA.
The SAR should goto the original creditor, so capital one?

GeorgeUK

If they are constantly calling you, you can request that all communication be in writing only so that the calls stop (might take about a month).
http://forums.moneysavingexpert.com/showpost.html?p=11571485&postcount=5
http://forums.moneysavingexpert.com/showpost.html?p=14588705&postcount=10

They definately shouldn't be suggesting you remortgage or borrow the money - that is a breach of the OFT debt collection guidelines.

Just let CCCS deal with them. Don't feel bullied into making any payments or promises. You should have been notified by the original creditor that your debt was being passed on and who to, but alot of them don't bother. You may also have received a notice of assignemnt from the DCA showing that they knew the account details and had been instructed by the original creditor.

As DarkConvict says, there are other ways which see if the debt is actually enforcable or not. He is correct in that the DCA would be sent the customer credit agreement request so you could check if the agreement had all the required terms on it for it to be enforcable; and the subject access request would go to the original creditor which under the Data Protection Act allows you to see all data held about you. This would include the original agreement (signed) and also the transaction details on the account so you could check to see if you could reclaim any penalty charges.
(Note: overdrafts wouldn't have a CCA)