True powers of dca/card companies...?

jaytee99

Hi All,

I am new here, and after a serious downturn in my business I have a ton of credit card debt. Nearly all of it is credit card debt - many different cards - and pretty much all have been deemed as non-true copy accounts. IE: not had true copies despite requests/payments for these well over a year ago. One debt is a loan, with £thousands in mis-sold PPI due back on a £16K balance. Even this has been deemed to have a flaw in the APR wording making it unenforceable, although not as strictly so as the NTC credit cards.

I've stopped paying everyone - entered into a DMP, and was paying into this nicely - but the company went out of business - hence I lost money, as they took first 2 months payments as their fees. I now know this was dumb, but didn't know about CCCS etc... at the time.

Phone calls and threatening letters died down and pretty much stopped, after the DMP was set up, but as I understand, only partial payments were made first time (after two months of paying), and only once.

(SORRY THIS IS RAMBLING ON...)

I was only made aware of the DMP company's demise when I was contacted by a DCA demanding money. But now the letters, texts, phone calls have all started again. Even had texts saying ipads for sale etc... Idiots actually expect me to fall for this...?

I don't take the phone calls - I've suggested they contact me by email, or letter only. MY FIRST QUESTION - IS THIS CORRECT...?
If I do take a call by mistake, can I terminate the call, politely, without putting a 'black mark' against me...?

I've not paid for several months now 6-9 months), and have been threatened with doorstep collectors (I'll kill them...!) and with CCJ's etc... NEXT QUESTION - HOW LONG WILL THEY WAIT BEFORE THEY RESORT TO THIS COURSE OF ACTION...?

I believe all Credit cards in question are non-true copy, so they cannot technically enforce the debt against me - IS THIS CORRECT...?

I am happy to pay into a DMP - but it would be 10 years minimum before I could clear the debts, and only assuming they freeze interest and stop adding charges. NEXT QUESTION, WHAT CAN I DO TO ENSURE THEY WILL FREEZE INTEREST...?

I have to give serious credit to American Express, who were first off the mark, froze interest and charges and froze the account - hats off to them - very professional. Unlike MBNA, Barclaycard, Capital One etc... The all refuse to accept the NTC argument, but haven't provided any original copies of agreements - despite, as I said, these requests dating back way more than a year.

I intend to use CCCS to set up a new DMP, so hopefully they will successfully negotiate this in my behalf, BUT WHAT CAN I DO TO ADD WEIGHT TO THIS...? I'd like to pay as much as I can for a few years then hopefully negotiate greatly reduced full and final settlements. However, next question - DOES IT HARM YOUR CHANCE OF A FULL AND FINAL NEGOTIATED DISCOUNT SETTLEMENT IF YOU HAVE BEEN REGULARLY INTO A DMP...? The card companies are much to blame for my situation as they piled interest up and up, despite, at the time, I was not in arrears, never had been, had never missed payments, and was always on time with payments. As such, they have more than had their money back from me, so if I could pay 25% to them and walk away I would - but is there a best way to go about this...?

Lastly, I think (!) - I have several thousand pounds claim for a mis sold PPI on a loan. If I claim this, it will be paid to the loan company/DCA. However, I'd like to keep this aside and have it claimed and paid at a later date - so that I may use it in negotiating a full and final settlement. IS THIS POSSIBLE...? Or can the loan company force me to settle it now and have it paid to them...? PPI is thru St Andrews - although I never knew they existed until the DCA told me this.

Any and ALL advice as to my TRUE rights and the rights of the DCA's is very welcome guys... Hopefully I'll be in a position to help others out with other stuff too...

Cheers in advance...

bottleofred

Hi Jaytee99 and welcome to the forum,

Regarding the phone calls, you can politely ask them to stop calling and inform them that you wish only to be contacted by phone. You can then also send the letter I'll post below. While some may acknowledge this, others may not. Hopefully someone with more knowledge than me will be along soon to help with the rest of the information that you require.

Dear Sirs,

Account No: XXXXXXXX

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing. I have verbally requested that these stop, but I am still receiving calls and I now require all further correspondence from your company to be made in writing only. I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine. Be advised that any further telephone calls from your company may be recorded and used in evidence and I expect this harassment to cease immediately.

Yours faithfully

jaytee99

hi,

cheers for your advice...

should I be repost this question elsewhere on the forum...?
I'd hoped for some more responses as I know there are some guys on here with a wealth of experience in this field, and that's what I really need here ;-)

Any advice is welcome...

Hannah_10

I would say you're in the right place, replies will come if you give it a little time.

I might even write one when I get back from walking the dog, but for now I'm gonna reassure and run.