DCA not accepting repayment plan due to childs activities costs

fermi

vax2002 wrote: »

If you can, trick them in to a letter rejecting the offer of £30 a month, then if they do try court, the basic rule of justice is you can not sue for payment you have refused to accept .

Not true.

They can refuse your offer take it to court if they want, where they would be seeking a judgement for the full amount.

It's then up the court to decide if an instalment order is acceptable, and if so at what level. Most of the time that would be around what the debtor can pay under CFS levels.

fatbelly

abi-em-mum83 wrote: »

Do I carry on with my offer of £30? I am calling every month and paying that amount while we debate how much they will actually accept.

Pay by standing order if at all possible. £30 clears the debt in a year. Perfectly reasonable.

Mr_Max

fermi wrote: »

Not true.

They can refuse your offer take it to court if they want, where they would be seeking a judgement for the full amount.

It's then up the court to decide if an instalment order is acceptable, and if so at what level. Most of the time that would be around what the debtor can pay under CFS levels.

Whereas you're correct in that they don't have to accept an offer you make, what he means is that they cannot refuse to put any payment towards the debt. If they decline £30 and you send them £30, they cannot send the cheque back without a darn good reason. I've seen cases thrown out of court and written off because the DCA thought they could bully a pensioner and send back every cheque we sent them.

fermi

Mr_Max wrote: »

Whereas you're correct in that they don't have to accept an offer you make, what he means is that they cannot refuse to put any payment towards the debt. If they decline £30 and you send them £30, they cannot send the cheque back without a darn good reason. I've seen cases thrown out of court and written off because the DCA thought they could bully a pensioner and send back every cheque we sent them.

Where is that principle that they can't refuse a payment set down in law please?

I think people get that false impression as it is apparently true for payments going by a 3rd party.

http://www.oft.gov.uk/shared_oft/business_leaflets/credit_licences/oft366.pdf

Where payments are tendered, not by the debtor personally, but by someone acting on his/her behalf, it is a principle of law that creditors cannot refuse to accept those payments. The practice of creditors returning payments, or not crediting payments to consumers' accounts, purely because they are received through a DMC, therefore, is not acceptable and is a matter which the OFT regards as seriously detrimental to the fitness of the creditor. This is so even in circumstances where a creditor has indicated that it will not negotiate with a DMC acting as a representative of a debtor.

Not true for someone making their own payments/offers as far as I know.

Even if some judges have mistakenly thought it applied to all cases in the past.

Regardless, the assertion that

"the basic rule of justice is you can not sue for payment you have refused to accept"

is pure twaddle.