who to contact, debt collectors or banks?

martinjohn

hi

I am in the positon now were some of my debtors have ignored my offers of repayment and have DCAs acting on their behalf.

I am ignoring the phone calls but When communicating further should i still be trying to have the bank communicate with me (is there anyway to do this) or really WRITING to the DCAs whom i am trying to avoid as i know they will be a pain and start demanding all sorts....

RAS

Do not speak to anyone, write.

martinjohn

yep thats what i meant "write", but one of the banks has passed me over to DCA to pay them token payments, im wondering if i should just play ball or whether to try to get it so im paying the bank instead?

i mean i dont really want to even send my personal income and expenditure forms to the DCAs and i have already sent them to the banks some having already agreed to token payments but they seem to of still sent me to the DCAs

martinjohn

So is it possible to deal with the original creditor/bank rather than the DCA? or basically is there no way of getting round this and i will have to deal with "them". Should i send a CCA letter,some say they sometimes refer the account back to the creditor when they fail to find the agreement...

Also,
by paying a DCA (just a token payment even) may i relinqush any particular rights i have. i.e. i have read that by starting to pay them you are making some sort of an "AGREEMENT" with them (which makes sense i guess) but if you dont pay them a nickel you have not and they therefore can't take you to court only the original creditor could do that?
In other words by paying the DCAs anything as opposed to the original creditors, could i be held to some sort of unfair agreement (or am i really losing it)?

martinjohn

anyone? thanks

martinjohn

anyone?????

Mrs_Arcanum

Most of us seem to have used CCCS or PayPlan to manage our debts so everything is done via them. There are some who have done their own DMP who will hopefully be along shortly to help.

If your creditor has sold the debt to a third party you normally deal with the new company. However if they are just a collection service your debt should still be with the original company and your contact should be with them.

Also within your letter you should ask that all contact be by post and that they remove your telephone numbers from their system.

Naf

Have your creditors themselves requested you deal with the DCAs?

martinjohn

Naf wrote: »

Have your creditors themselves requested you deal with the DCAs?

2 have, yes, but id still rather deal with the original creditor.
Santander are idiots, you said them letters which they fail to even acknowledge even saying they haven't received any correspondence and therefore they are forwarding me to a DCA.

why should should i agree to dealing with a third party. i have written to them saying this.

Wooks

It's a lot easier to deal with creditors if they contact you by letter.
I've just been plagued by silent calls and when I eventually managed to speak to someone, they refused to discuss the matter unless I gave them personal information and complied with the data protection act.
Err rubbish, they have to comply I don't!!.

I advised them that I considered their phone calls harassment under:-

Section 40 - The Administration of Justice Act 1970
Protection of Harassment Act 1997

And that if they didn't stop immediately they would be in breach of:-

s127 Communications Act 2003

Guess what, calls have stopped.

If you have a debt less than 6 years old then I believe you are liable, but it is your choice how they are allowed to contact you.

Hope this helps

Andy

martinjohn

thanks andy, i am contacting them by letter in any case, my question is should i avoid the DCA altogether, i keep questioning if they have any rights, but i guess the originial creditors t&c allowed for a DCA to work for them on behalf of them but i dont get why if im trying to speak to them but they ignore letters!
Ok i received a letter fromone creditor saying they want me to contact the DCA and ownt agree to a repaymnt plan with them directly. seems like they are leaving me no choice. Well i will simply repeat my original offer, and then its up to them. Not much else i can do to get the original creditor on my side?