What to do??? Advice please...

misstasty

Hello everyone,
Just wondering what to do when a DCA does not ackowledge a CCA Request?? I CCA'd one who then said they were no longer dealing with it and sent it back to their *client* So I then CCA'd the *client* who are just not responding??? Should I just leave it as it is and wait for it to fall off my credit file next year or should I persue them....what are they in breach of?? Can I get them to remove the default/ or pass it back to the Original original creditor and offer a full and final to hopefully reslove the matter sooner?? many thanks

bargainbetty

There should be a second stage template on here somewhere (I can't find it, sorry) that basically says 'You haven't complied with the request for proof of the debt. Until you can provide it, you will not contact me, or sell the debt on.

Have a hunt for it in the stickies at the top of the page. Certainly don't make any offers until the debt is proven.

misstasty

Hiya Bargain Betty, I've seen the follw up letter, but after my first attempt at all this stuff I got really cold feet when one of them threatened court action...I caved in like a sandcastle...but then I had SAR'd the other one for proof of default notice ( which they admit they don't have or a CCA because apparently its not needed for an overdraft) yet still they threatened court action, so I don't know now really big gamble

Tixy

If they are just ignoring you do you mean they are not chasing you any more? if so just leave it as is. You cannot get a default removed just because there is no CCA.

Regarding the overdraft - that is correct, these are not covered by the consumer credit act and don't have a CCA.

misstasty

Hi Tixy
Many thanks, Surely though they do need to provide a default notice if they are threatening court action?? I am confused by the whole thing...wish I'd just left it as it was :-(

RAS

misstasty wrote: »

Hiya Bargain Betty, I've seen the follw up letter, but after my first attempt at all this stuff I got really cold feet when one of them threatened court action...I caved in like a sandcastle...

What do you mean exactly, rather than in metaphor?

misstasty wrote: »

Hi Tixy
Many thanks, Surely though they do need to provide a default notice if they are threatening court action?? I am confused by the whole thing...wish I'd just left it as it was :-(

yes they have to provide a legally complaint default notice.

What do you mean by the second comments.

And exactly which debt is covered by which of you comments?

misstasty

Hi
I meant I wish I'd left things well alone, we'd been in a debt management plan but we were mis sold it and I stupidly thought that when the DMP came to and end after 5 years we would be debt free....I obtained our credit files and was shocked to see lots of defaults placed by debt collection agencies that we had never heard of, (I must state here that we have been out of the country for 4 years and unable to obtain credit files. UNBEKNOWN TO US: The DMP company, spectrum financial, folded whilst we were away and we stopped recieving anything from them...but they continued taking payments via direct debit so we continued thinking they were doing their job) I wrote to all of them asking who they were and what debt / which company they were collecting on behalf of ect as I really and truely did not recognise any of the account numbers or anything....If I'd just left it as it was they would have carried on getting the minimum amount until things dropped off....but I wanted to try to sort things out and maybe come to a full and final settlement with the ORIGINAL people we owed money to. The DCA's however do not seem to be able to provide me with any paperwork to say that we actually owe anything, but they still send the threatening letters saying they may take us to court.. its a case of do I call their bluff or do I pay for something which so old and has apparently been sold on and on without the correct process having happened.

I'm not shirking these debts, I just want to know who to pay and I will pay if they can prove that I owe them in the correct way...rather than as seems to have happened they have bough it for peanuts and have banged charge after charge ontop .....

misstasty

Anyone got any ideas??? Should I just leave it or pursue them...they are well over their time limits for coming up with paperwork now

backinbusiness

These charging DMP companies who take people's money and fail to pass it on are horrific.

Consumers are being left in worse positions than they were initially!

I feel heart sorry for you OP and hope you manage to sort this mess out.

Good luck.

BiB

misstasty

Thank you. Just wondering where all the experts are on this though...Its gone deadly quiet :-(

SusieT

Possibly not much help, but the only thing I can suggest is contacting your bank and jumping up and down bigtime to get them to refund you some of the funds that were sent after they folded. I am sure if they went down there is something about their bank having to ringfence any further funds and hopefully your bank can get them back under the DD guarantee??

Well worth going for but you may need to work at them and not go away easily or they may try to fob you off with loads of excuses.

Hope you get something back from them.