DCA refusing to accept a F& F settlement!!!

foxy47

Fredrickson a DCA reckon that they now own my debt (I'm still awaiting proof of this in the form of the original signed CCA). Meanwhile, I have told them what I have told Capital One that I am willing to settle the debt on a F & Final basis offering them 50% of the balance. They have refused, and claim that Capital One have instructed them accordingly. Current situation as of today is that they are threatening litigation. My questions are:
1) will they follow this through even though I am prepared to make an offer?
2) if it does proceed how long does it take before it gets to court?
3) Does the DCA have any rights to visit my home prior to this and seek to remove goods i.e car etc?

Look forward to some advise from you.:(

LisaLash

Hi Foxy47,

Sorry I don't have any advice but I know someone will be along soon with information.

I am currently in the same position as you, keep offering setttlement figures but they are not interested, keep coming back and asking for the full amount. It's so frustrating!

I'll be keeping an eye on your post to see what people say.

Triggles

I would imagine they can refuse a full and final if they choose and take you to court instead. That, I believe, is their option. Not sure how long it would take. But please check the unenforceability thread, as I was under the impression that when there was a dispute with the account, they are not supposed to move forward with any collection procedures until the dispute is resolved. (someone else will be along shortly who knows for sure!!)

I don't think the DCA has any right to remove goods, that's just for bailiffs, which would be AFTER you've gone to court AND had a CCJ against you AND you defaulted on that. They can visit your home, I suppose, and request payment or speak to you about payment, but if they're indicating that they may go that route, you can always send the letter basically saying you don't want them to come to your home. I have forgotten what the letter is called, again, someone will be along with a link I imagine.

Sorry, not a whole lot of help from me there, but good luck!

Hannah_10

So if they own the debt what I'd like to know is how are they taking thier instructions about whether or not to accept a F&F from Capital One then? Have a think about it- something's not adding up there is it. They're lying again.

Will they follow through with court action? Probably not as they aren't going to look good if you contest it (which of course you would) and also because for the most part it's not worth thier while. It might be helpful in giving you a proper answer to that if you could tell us the size of the debt and how long ago you last made a repayment?

If you're awaiting the CCA then there is nothing they CAN do, the account is in dispute and anything they say to the contrary is an empty threat.

A DCA has only got common law rights to visit you, so it puts them in the same league as people asking for directions or the chinese takeaway leaflet people. If you write them a letter to say they can't visit then they're totally stuffed from that point of view. Even if they could visit then they couldn't enter your home or take property or anything, only a proper baliff can do that and they're a whole other breed who only get involved after a court order and then generally only when we're talking about things like council tax and so on, not credit cards.

Anyway whatever a baliff can or can't do doesn't matter because it can't get to court action in the first place while the account is still in dispute, nothing can happen while the account is in dispute. So just to be sure send off another CCA request signed for post and don't let them worry you. They're all bark and no bite.

There's a ton of tempate letters HERE, including the "no you can't visit my home" one, the "prove I even owe you that" one, the "I want a copy of the CCA" one and the "do not phone me again" one. Plus a few more you probably didn't think of until you saw them listed but then really appretiate.