any advice on next step with dca

lililou

I have today received a letter starting "You will have now received a County Court Claim in teh above matter. We require payment shown in teh claim, in full failing which we shall seek judgment against you."

Background - I was contacted by a DCA by letter originally and I phoned them up to offer less than what tehy were asking and waht was a reasonable amount based on what I could afford. I also offered half of outstanding debt to the creditor which was refused. This was refused and tehy said tehy would send a Claim Pack. I thought they had to go back to the creditor and offer them teh amount I had offered. I have done a SOA with CCCS and basically I have £124 to share out between 13 creditors when I owe close to 100K. I have agreed paymnets and full and final settlements with most - this current debt is one of teh smallest yet they seem adamant on taking me to court. Tehy have also added a nother £100 since teh last letter.I know if i get the claim pack it is obvious that I cannot afford to pay what they are asking - I just want to sort it out in the proper way.

I also asked for a copy of the agreement which they haven't sent. Is this a clever way of confusing me as to what I am entitled to?

I really don't know how to reply to theis letter.

Any advice would be appreciated.

lililou

Leixlip1

You can request the CCA but already seem to hce acknowledged the debt to them by making an offer.
The court, if it goes there, will not make you pay more than you can afford, they are trying to get you o make an unrealistic offer of repayment. Stick to your guns.

rog2

Hold on a minute lili, the 'letter' states that 'you will now have received a County Court Claim' - Do they mean Summons? In which case - have you received a County Court Summons?
If you have, then you should fill in the part of the summons which asks you if you wish to admit the claim, or part of it, and if you wish to make any offer of payment.
Fill this in, stating that you are dealing through CCCS, and have, through CCCS, made offers which are acceptable to most of your other creditors, that you have already made an offer of £xxx to this creditor, which is as much as you can afford, and that you re-confirm this offer. The Court will see that you are treating your debts seriously and will, in all probability, simply confirm that you must make that payment, and issue a CCJ to that effect. The dca will have to respect the terms of any CCJ, as much as you and will no longer be able to harass you for payment, or add any further charges, providing you stick to the payments as ordered by the court.
That said, however, I am of the opinion that this is more likely to be just a 'scare tactic' by the dca, in order to 'frighten' you into paying, and that the 'County Court Claim' to which they refer is non existant.
I would discuss the letter with CCCS before contacting the dca.