What to do??? Advice please...

Tixy

What have you sent to each DCA so far? have you sent a prove it letter or just a CCA request? If you have so far only sent a CCA request I would write to them all with the prove it letter.
If they cannot or will not provide any information to prove the debt exists and to tell you what the original debt was and how the balance is calculated then it would be sensible to stop paying.

Wait and see what they send back to prove it letters, and then you could consider writing to them again and stating you will not pay anything to them until they can prove what the debt is, that they have a right to collect it and can provide a statement of account. Send these letters recorded and keep copies of them.

Then should any try to commence court proceedings at any point you will have these letters to back up why you have not been paying.

This won't get the defaults removed by doing this, but once you enter a DMP you stop adhering to the t&c of the original contract and it is usual for defaults to be entered.

Defaults are initially entered on your credit file by the creditors, then when they sell on the debt it is fairly common that they remove their entry and the DCA puts on the same info but just with their name at the top (the default date etc should remain the same).

Another option you could consider is to send a subject access request to each DCA for all the info they hold on the account, it costs £10 but then at least you will know what they hold and whether they can prove the debt etc and could ever take you to court.

warriorfullights

The decision will still rest with you. We can also give advice, but it will still be up to you. Ask yourself this way, if I leave it.. what should be the possible things that may happen? And, if you pursue it.. what do you think you may get from it?

misstasty

Thankyou all!!
Tixy I have sent prove it letters, they replied with you owe us this much from blah blah blah account, I then sent CCA requests along with I do not acknowledge any debt to your company letters. They both replied, one being that they had basically returned it to the original creditor. and the other that they were looking for the paperwork that I requested. This was all at the beginning of June and have heard nothing from them since. I have not been paying them anything since I stopped the direct debit to spectrum in feb this year. ( after realiseing that my money was going off into a black hole.

I have tried to contact spectrum....no replies,
Bank is investigating...or so they say lol

One other who I SAR'd after they said CCA didn't apply, sent screen shots showing that spectrum had been paying them up until jan 08 then nothing.....but have said they do not have copies of a default notice prior to them dealing with the account in 2007 when they bought it from another DCA. This is the one who said they had complied with my requests and that I will be taken to court if I didn't pay up....EEK I offered them 15 pounds a month and they were happy with it...for now.

I really would like to be able to get a mortgage...which is why I want the file cleaned up....but they are just dragging their heels