DCA's can they make me default on other credit cards

what_a_muppet

Hi All, I have got myself into a situation with MBNA after being made redundant - I offered a lower payment and kept to my promise but they then demanded I start paying my original amount, something I was still unable to do - now they have instructed Reston's DCA to retrieve the whole debt. I have advised them I cannot do this and have offered them the same £150pm that I was paying MBNA - they now want a SOA which includes things like full Bank Details, Employer's details etc - do they really need this, also I have other Credit Cards that I am up-to-date with - can they make me default on these to give them a bigger monthly amount, the thought of this happening is giving me sleepless nights and I feel sick to the pit of my stomach. I am due to start a new job mid September (would be sooner but my new boss will be on hols til then). I fully acknowledge that I have been more than a little reckless with lots of "ostrich syndrome" thrown in I let things tick along because I could manage - wow, what a wakeup call I have had.

I am starting to Ebay everything that is not pinned down to clear my smaller debts which will free up funds to throw at Reston's but would like them to give me 6 months "breathing space" at £150pm - any advice would be greatly appreciated. :A

nandj_2

Hi,
First of all a DCA has no right to see you income details, only a court has the power, the DCA can request it but it's upto you and personally I wouldnt let them see it.
You said that you became redundant, god knows how long it will take (soon I hope) to find a new job in this current climate so pay them just £1, DCA's are greedy and always want more.
Stop talking to Restons on the phone, all they will do is bully, lie and intimidate you to pay more than you can afford, make sure everything is in writing, if Reston's telephone you, just say "everything in writing only please, thank you" and hang up.
Make sure all your main outgoings are your rent/mortgage, council tax, utilities and anything secured on your house if you own it.
Send a CCA request to see if Reston'shave the legal right to collect this debt, wait the 14 working days (12 days for the CCA request and 2 days to allow postage) then send in the dispute letter and with-hold payment until they comply.
MBNA has already shot your credit record with a default so Reston's cannot add another.
Best wishes
NandJ

dancingfairy

I would definitely not give them employer details - you don't want them writing to you/phoning you at work and causing trouble and they may then want to go for an attachment of earnings (which they can't without a court judgement but don't give the DCA the info).
Offer what you can afford and like the previous person says - keep everything to writing only.
Good Luck
df

RobertoMoir

DCAs have no power to make you do anything you don't want to.

Keep control of your details and keep control of your relationship with them. Absolutely do what nandj says and only deal with them in writing from now on. The job of a DCA employee is to bully and cajole you into paying the debt they are trying to recover and there have been instances of people saying all kinds of things on the phone that they wouldn't put in writing, if you know what I mean.

saltnvinegar

Hi

To echo previous posters comments absolutely do not have anything to do with Restons on the phone. They will be very reluctant to put anything in writing because this removes almost all of the leverage they have over you - stress, threats and lies.

Use the template letter below and make sure you do not sign the letter

You should also send them a letter stating communication only in writing again make sure you do not sign the letter

Keep only paying them what you can afford not a penny more. If they do not respond to the CCA within the prescribed time then you can cease payments until such time they do.

Its up to you whether you provide them with an income/expenditure sheet. I would most definately not send them anything with your bank details on or your employer details, especially if you are starting a new job. The last thing you want is some unethical DCA phoning you within days of starting a new job.

If they continue to demand more money than you can afford then quote the OFT guidelines on debt collection.

Most importantly don't let them get you down, keep everything in writing, and don't offer more than you can afford and it is most likely they will eventually back down or go away and sell the debt onto someone else who will have no more rights or luck than they did!

SNV

CCA Request Template

Dear Sirs,

Account No: XXXXXXXX

I hereby formally request a copy of my Consumer Credit Agreement, pursuant to s.77-79 of the Consumer Credit Act 1974 (CCA1974).

I require you to provide me with a true copy of the credit agreement relating to any account you deem to be mine, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit (12 + 2 days). You are reminded that should you fail to comply with my request; the provisions of s.77 will apply.

If it is your view that you are not the creditor, s.175 of the CCA1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties. Your attention is drawn to ss.5(2), 3(b), 6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

Attached is payment in the sum of £1.00, which is the statutory fee - note that these funds are not to be used for any other purpose.

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee and then remove the incorrect entry from your systems.

I do, expect the main actions to be dealt with, as matter of course, and look forward to hearing from you within the prescribed time-scales quoted.

Yours faithfully
Sign digitally

Telephone harrassment template

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
Sign digitally

DarkConvict

You maybe interested in the CCA process - https://forums.moneysavingexpert.com/discussion/2532927

CCA Flowchart - https://forums.moneysavingexpert.com/discussion/comment/30355867#Comment_30355867

what_a_muppet

Hi to you all and thank you so much for taking the time to reply you have given me back some of my sanity - I know I have a long road ahead of me but you guys are worth your weight in gold. I have just spent the day at the park with a picnic, OH & DD - totally free - we've had a great time. I am going to sit down tonight and write my letter, post it 1st thing and lets see what happens.

what_a_muppet

Hi all,

I am in receipt of another letter this morning stating that my offer is insufficient to halt the commencement of legal proceedings as I have not completed the questionaire they sent me asking for details of my Bank, Employer, SOA etc. Although they have given me their bank details to make this payment in the interim. I am now back in panic mode, I can't pay more than I have available any advice on what I can do now - is anyone else going through a similar thing?

saltnvinegar

Hi

First deep breath....... breath out....... and exit panic mode

What is the exact content of the letter? Do they use words like 'intention' or 'may' or 'could'? If so then it is likely to be more threats.

They have absolutely no right to be asking for information on your employer, bank account details or SOA only a county court can demand to see this.

I think you can take a 2 prong approach here.

First inform them they have enough information that is reasonable and re-iterate this is the maximum amount you can afford (I have attached a letter I have used myself and tweaked it to suit your circumstance).

Second. Was the account with MBNA a credit card and was it opened before April 2007? If so then send a CCA request to them as if your CCA is unenforceable they will be on the back foot immediately (I have attached the CCA letter template). Make sure you send a postal order not a cheque for the £1 and *do not sign any letters*

The very fact that they have given you their bank account details to make payments is a good sign as once they start accepting your payments it makes it much more difficult for them to reasonably take further action.

First Response Letter

Ref Account Number xxxxxxxx

To whom it may concern

You may want to edit the piece below depending on what they already know/you have told them

***edit this paragraph to suit***
I am writing to you regards the above account. As I have already explained to you in some detail, I am currently unemployed through redundancy and am waiting to start a new job on Sept XX.

Consequently I have been unable to meet minimum repayments with my creditors and have been paying the maximum I can afford to each.

I would be happy to review my situation after xx months of starting employment with my new employer
*** edit this paragraph to suit***

I am sorry that you feel unable to accept the offer which I have made. My other creditors have accepted the offers made to them and I have commenced payments to them.

I cannot offer you a payment any more than £xxx per month because I can only afford £xxx between all my other creditors, and it would be wrong to cease or reduce payments to my other creditors in favour of your company.

The offer made to you is on a pro rata basis, as used by the debt charity CCCS and the County Court.

In the light of my other creditors agreeing to my repayment plan I would ask you to reconsider my offer.

As I have already stated I will continue to make a payment of £xx per month in line with the offer to your company, as a gesture of goodwill.

Sign digitally



CCA Request

Dear Sirs,

Account No: XXXXXXXX

I hereby formally request a copy of my Consumer Credit Agreement, pursuant to s.77-79 of the Consumer Credit Act 1974 (CCA1974).

I require you to provide me with a true copy of the credit agreement relating to any account you deem to be mine, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit (12 + 2 days). You are reminded that should you fail to comply with my request; the provisions of s.77 will apply.

If it is your view that you are not the creditor, s.175 of the CCA1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties. Your attention is drawn to ss.5(2), 3(b), 6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

Attached is payment in the sum of £1.00, which is the statutory fee - note that these funds are not to be used for any other purpose.

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee and then remove the incorrect entry from your systems.

I do, expect the main actions to be dealt with, as matter of course, and look forward to hearing from you within the prescribed time-scales quoted.

Yours faithfully
Sign digitally

what_a_muppet

Hi saltnvinegar,

Thanks for your reply, I sent my CCA request yesterday so will post my update in 2 weeks, hopefully!

The wording of the letter is "Given the balance due the offer of £*** per month is insufficient to halt the commencement of legal proceedings as you have not completed the questionaire that we sent out to you. Notwithstanding the above, should you wish to make payments in the interim period our bank details to assist you are as follows.

I know the debt is mine, I fully intend to pay it back - just a little breathing space is all I have asked for, thankfully all our other bills have always been up-to-date.

what_a_muppet

Hi All,

Completely gutted, deflated and feel utterly sick - after all the letters and requets for a little bit of time to get back on our feet I have been advised this morning that legal proceedings have been issued and I must now comply with the direction of the county court :eek: - This has all happened so quickly, less that a month - MBNA bever replied to me initially, just sent the account straight off to Reston's.

I have no idea what to expect now, the thought of going to court terrifies me, I just can't believe how these people can be so callous and not listen to people. It has always been my intention to clear my debts. I could understand it if I wasn't communicating with them or wasn't paying any money what so ever.:mad:

Any ideas on where to go next, I sent off my CCA request this week but will not be expecting anything back for 2 weeks (bank holiday inc).

Thanks guys