DCA Phishing letters

Getting_there_slowly_73

Hi all

I am hoping you might be able to advise me, I have looked through a lot of the forum but can't find anything about this which is still current.

I had some debts which I was paying through a DCA for credit cards I first had in 2001, all token payments as that was all I could afford. I became homeless in March 2009 for a period of 6 months at which point I was lucky enough to get myself back to a normal state of living. As part of this I lost information on which DCAs I was dealing with and to be honest buried my head in the sand.

I have recently received letters through from CCS Collection and First Credit asking if I am at this address as they need to discuss a personal matter with me.

My question is, initially, should I respond to these by letter or wait until they send me a more detailed letter? also any idea how long before they normally do this?

I appreciate any help and advice as like i say before I tackle this once and for all I want to make sure of where I stand as a lot of the threads I have read are quite old.

Thanks in advance

sourcrates

Hi,
When did you last make any payments to these debts ?, I am assuming March 2009, or was it before that ?
If I`m correct, then they should be statute barred in around 7 months.
Here is the problem, they don't have a definite address for you, hence the phishing letters, you are running the risk of them applying for, and getting, a CCJ.
This can be common approaching the SB limit, if it was me, In this situation, I would confirm in writing that it is you, and make a formal CCA request on all the accounts, this has the benefit of putting them all "on hold" until they act on your request, basically a time wasting exercise, and, if they cant produce the correct paperwork, even better.

Getting_there_slowly_73

Hi, firstly thank you for the reply.

Yes the last payment to the previous DCA would have been Feb/March 2009 and I had been bullied by those guys for the best part of 3 years.

I have a few other debts which I am expecting to get hit for - all from the same time as well but these are for utility companies which I will try a full and final payment for as I am lead to believe there is no arguing with those.

Rather foolish, Im embarrassed to say, that I destroyed the letters hoping it would make it all go away which obviously it hasn't. Have you any idea when I might expect further letters from them?

The CCA agreement for the cards is the credit agreement? I have seen a few templates on here - have they changed much in recent months? the ones I have found have been from 2012.

Also will this affect my partner as obviously she and I share an address and she is shortly going to be applying for a mortgage

Thanks again sourcrates

Getting_there_slowly_73

i would also point out that at this stage they have provided me with no details regarding what they are chasing me for? Is there a specific way to word my first letter to them?

sourcrates

Template letter here :

(Your home address)
Date:

To:

Dear Sir/Madam

Account/Ref No:

With reference to the above agreement, I/we would be grateful if you would send me/us a copy of this credit agreement and a full breakdown of the account including any interest or charges applied.

I/we understand that under the Consumer Credit Act 1974 [sections 77-79], I am/we are entitled to receive a copy of any credit agreement and a statement of account on request.

I/we enclose a payment of £1 which represents the fee payable under the Consumer Credit Act 1974.

I/we understand a copy of any credit agreement along with a statement of account should be supplied within 12 working days.

I/we understand that under the Consumer Credit Act 1974 creditors are unable to enforce an agreement if they fail to comply with the request for a copy of the agreement and statement of account under these sections of the Act.

I/we look forward to hearing from you.

Yours faithfully



Your name.


But first I think I would just write asking them to provide details of why they are writing to you, once you know that, then send the CCA request.
If you are married, then you will have a financial association, if living together, and the debts are just in your name, and she has a good credit record, it should not matter.

sourcrates

This is the "provit" letter, which you should send first :


https://forums.moneysavingexpert.com/discussion/2607247

happy_bunny_2

Won't harm your partner unless you have joint financial products like loans, current account or credit cards.

Getting_there_slowly_73

Thank you both, we are not married and have no joint finances or financial products what so ever, this will be a relief to her as I was worried I had destroyed our chances of moving.

I'm guessing I can send the "prove-it" letter without a reference number on it? (like I say I destroyed the letters in a moment of panic).

Also we are due to get away for our first holiday tomorrow, should I send the letter before or will it be ok to wait till be are back do you think? (10th September)

Sorry to bombard you with what must seem petty questions but I must admit my head is a little all over the place with worry

happy_bunny_2

I would send it now, you might have a reply on your return.

Getting_there_slowly_73

ok thanks I will get something out to them.

I may have to change the "prove it" letter slightly as they have not mentioned any debt, company or amount owed as yet - only asked if I am living at this address and could I contact them or should I send it as is for the most part regardless.

sourcrates

Getting_there_slowly_73 wrote: »

ok thanks I will get something out to them.

I may have to change the "prove it" letter slightly as they have not mentioned any debt, company or amount owed as yet - only asked if I am living at this address and could I contact them or should I send it as is for the most part regardless.

Just edit it to your own circumstances.