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ive asked a few times for help on here but dont get a reply?

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Comments

  • BigCraigJohn
    BigCraigJohn Posts: 1,082 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    I've had a situation where a default went for a short while when it was sold to a dca, guess a lag in paperwork or systems. However IMO this debt is settled, the default will most likely stand but only from the original date.
    Either way don't pay another penny, consider it settled, they won't take legal action, just make sure the dates right on the default.
  • hazelc56
    hazelc56 Posts: 318 Forumite
    RE. Cabotfinancial
    Just googled and found this on..... dodgybusiness with co.uk at end.Might help a bit to let you know who you are dealing with.
  • dancingfairy
    dancingfairy Posts: 9,069 Forumite
    Seems pretty clear to me that they accepted a partial settlement - unfortunately for you they've sold off the balance - which they hadn't agreed not to do.
    I'm not sure there's much you can do to be honest - you can argue with the original creditors about the wording of the settlement and argue you thought that the debt was finished with but I think to be honest they've stitched you up :(
    Check that the new DCA has the notice of assignment and are allowed to collect the debt.
    You could possibly put in a complaint with the people who you agreed the settlement with which will undoubtadly be fruitless and take it to the ombusman which will mean that you will not be chased while the case is being investigated from what I understand, but this will not be a quick process and it's not clear whether you would win.
    Other than that you'll have to get in touch with the new DCA and once you've established they have bought the debt either a agree a proper settlement (with the correct wording this time to ensure you are not messed about again) or set up some form of payment plan.
    It might also be worth phoning someone like National Debtline for their take on it though?
    Possibly the reason you have not had many replies before is because it is quite a specialised area - settlements and the technicalities surrounding whether defaults are correct or not.
    Best of Luck
    df
    Making my money go further with MSE :j
    How much can I save in 2012 challenge
    75/1200 :eek:
  • vintagegirl
    vintagegirl Posts: 769 Forumite
    Part of the Furniture 500 Posts Combo Breaker
    Seems pretty clear to me that they accepted a partial settlement - unfortunately for you they've sold off the balance - which they hadn't agreed not to do.
    I'm not sure there's much you can do to be honest - you can argue with the original creditors about the wording of the settlement and argue you thought that the debt was finished with but I think to be honest they've stitched you up :(
    Check that the new DCA has the notice of assignment and are allowed to collect the debt.
    You could possibly put in a complaint with the people who you agreed the settlement with which will undoubtadly be fruitless and take it to the ombusman which will mean that you will not be chased while the case is being investigated from what I understand, but this will not be a quick process and it's not clear whether you would win.
    Other than that you'll have to get in touch with the new DCA and once you've established they have bought the debt either a agree a proper settlement (with the correct wording this time to ensure you are not messed about again) or set up some form of payment plan.
    It might also be worth phoning someone like National Debtline for their take on it though?
    Possibly the reason you have not had many replies before is because it is quite a specialised area - settlements and the technicalities surrounding whether defaults are correct or not.
    Best of Luck
    df

    thanks for all replies. unfortunately im not sure i agree wit you dancing fairy. I have letters from 2 companies saying the debt is settled as a partial settlement so why should i have to pay another penny.
    i will certainly not be making any further payments, no matter what happens.

    On top of all this, Capital one actually gave me another credit card just last month
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