Help with a question or 3

Dougie1308

Hi all,

Just wondering if you knowledgable people can help.
I have a debt with a CC company and according to them i have defaulted on our aggreement, but they are not sure when, they think it was 3 yrs ago, how they dont know beats me.
Anyway they tell me now they are selling the debt to a DCA.
So questions are, 1) I would like to see a copy of my original aggreement with them as i think i may have been missold the PPI
do i ask them or the DCA co when they make contact? Is it a £1 i send them.? 2) do i send the CC co a nominal payment by debit card, say £50, so they can see i want to pay something? 3) I earn what my OD is each month and getting a lot of charges, i have opened a new account elsewhere which im going to use when a couple of DD finish in a couple of months, do i tell my building soc what my plans are which will leave me wiyh no money at all for a month, or just do it and tell them i will have to give them so much a month back. Sorry this a bit long winded, and many thanks for any help.

lindann_2

1, a sar which is £10.00 will give you all what the creditors have, if the alleged default, you would been told about it.. by law
2, a £1 postal order, for a cca, consumer credit agreement. templates are here in forum.
3. if you have a missold ppi, you need your paper work upto date.. someone can advice you on the next step..
it does seem strange, any way good luck

handyman123_2

Hi Dougie, Lindans advice is sound, It seems strange to me as well that after only 3 years they can't tell you when you defaulted?

You need a copy of the original agreement to make sure that who ever the DCA they sell onto doesn't load you up with silly charges.

Wait until they contact you then post again on this thread and folk's here will over the benefit of our experience.

In someways they may have done you a favor, cos the CC will sell the debt off at @ 20 to 40p in the pound, in order to get a tax write off.

The DCA will try to get the total plus charges, that's why you need to make sure where you stand as to what they can add.

Make them a sensible payment, It sounds as you need to post your SOA
(Statement of Affairs) on here as if you are earning your overdraft each month you need to take action NOW!.

A DCA will often accept a Full and Final Settlement of 1/2 of what they are asking for, they are still making money at that.

I would sit tight on payments until you hear from the DCA. Meanwhile theres now reason why you shouldn't try to reclaim your PPI, if you believe it's been miss sold. If you can give more detail that will help us steer you in the right direction.

Regards, Handy.

Dougie1308

Thank you both very much,will add more details later today.

Dougie1308

Below is my SOA,
in addition to this after checking my Bank statements today i have been charged approx £ 171 for unpaid DDs (3) paid item fees (3) arranged O/D interest and unarranged O/D interest, The DDs were paid whilst still under my O/D limit on the 8/2/11, on the 24/2/11 they charged me for them not being paid [EMAIL="2@£35"]2 @£35[/EMAIL] each, [EMAIL="1@£15"]1 @£15[/EMAIL]


Income
£1150

Outgings
Rent £390
Community Tax £140
Shopping £300
Gas £40
Electric £40
Petrol for work £60
MBNA £113
Car tax/Ins £40
TV license £11
Mobile £15 (contract finishes in June)
Home phone £12
Life Ins £20
Funeral Plan £25
House Ins £10
Sky Broad Band £26 ( cancelled at the end of Feb )

TOTAL £1242

Rent is going up to £485 per month in April as we are having to move for health reasons.
Thanks very much for assistance

Dougie1308

Just had the presumably, standard letter of threats from CC co, stateing as i have now broken my reduced payment plan, (and this was partly due to them telling me they were going to sell my debt, so i have been waiting for a DCA to get in contact) they are going to consider the following

A) Sell the debt to a collection agent.

Placement of debt - placing the debt to an agent to collect the full debt on their behalf.

C) Litigation through County Court Judgment to recover our money through an enforcement option such as an attachment of earnings.

This last option concerns me, can they just do this without me stating how much i earn or can afford, ? can a judge grant their wishes without asking me what i can afford?
Thanks guys

Dougie1308

Just bumping this up.

Anybody help please ?

Dougie1308

Anybody advise please, thanks