Next move?

zenshi

Ok, so over the last few days I have had one text message asking to call Red Castle, a letter from a CC saying my debt has been passed to BCW, this morning I received a letter from BCW - GOthia - Red Castle, it seems they are all part of the same group

Anyhow, the letter details one CC debt stating my account is outstanding....obviously and that I need to pay it immediately to avoid court action.

If I had the money to pay, I wouldn't be in this mess. Many of you said not to ring these companies, so what should I do next?

happy_bunny_2

is it your account?

How old is it?

Balance?

Are you still paying it/when did you last pay it?

You are correct, never ring these idiots. in writing only.

zenshi

Yes it's my account. I've recently started a self managed DMP. Was paying min payments up till early this year, then missed a few and the last two months have paid token payment only. Balance around £1600

I sent them the letter with I and E asking to suspend interest etc but they weren't happy. Now it appears they have passed it over.

happy_bunny_2

when did you take it out? If before April 2007 then for cards and loans they need a signed copy of a valid credit agreement to get a CCJ. So it before then, I'd be sending a CCA request.

They can't have what you haven't got...

zenshi

I honestly have no idea when I took it out.
What would getting a CCA achieve? I know it's my debt but one I can no longer afford to pay properly

[Deleted User]

zenshi wrote: »

What would getting a CCA achieve?

That would depend on whether they had one to send you.

If they didn't, then the debt would be unenforceable.

happy_bunny_2

zenshi wrote: »

I honestly have no idea when I took it out.
What would getting a CCA achieve? I know it's my debt but one I can no longer afford to pay properly

It means that if before April 2007, and they don't have it or its junk, you can defend any court claim and avoid a CCJ. Even if its your debt.

If you can pay at some point, you are also more likely to get a reduced settlement.

Also means you can tell them where to go regarding threats of court action.

Basically a bit of ammo to fend them off

zenshi

Ok, so shoul I send letter asking for that in the first instance and go from there?

Also, I was paying a token amount off the card, as its been passed to DCA should I still pay it that way?

happy_bunny_2

Yes, you need to send a postal order or a cheque for £1. Postal order better, as no bank details on it.

Do the DCA own the debt or are they acting on behalf of?

You paying your account by card?

zenshi

I still get a statement monthly and pay using the bank slip at the bottom with cash

As to owning the debt, I don't know.....
Letter from CC yesterday says. Your file has been referred to BCW

Letter from BCW/Red Castle this morning says.....
Our client : CC card ..... You need to pay in full to avoid court action. Please call us to make payment

happy_bunny_2

Best send the CCA request signed for to the last people who wrote to you. Let them figure it out.

Sounds like they are acting on behalf of rather than bought it.

Keep us updated.

HB