Default enquiry

bluemonday3

Good morning
Just a quick question please.. My debts are all with DCA's now and not the original lender.
Are the DCA's able to default me on a debt that has already been defaulted by the original lender?
Any advice would be great, thanks

SusieT

I think they can change the account to their name if they have bought it, but they cannot change the date of the default.

bluemonday3

thank you, I am in the process of trying to settle and have requested CCA's, however I didn't want to incur further defaults as most have dropped off my credit file after being on a DMP since 2009

SusieT

They may try to pull a fast one, but it is rare and the CRA would have to act. Asking for the CCA should not trigger it though

sourcrates

Debts can only default once.

Usual practice is for the old owner to stop reporting on your file, and the new owner to take over.

The original default date will stay the same, if it doesn't, complain.

bluemonday3

Thanks Sourcrates, you recently advised me on obtaining CCA's before I try to do F & F settlements, which I have done but Cabot are being very difficult.
they are saying that they provided this in 2013 & they have no obligation to do this again and want to know why I want this.
any advise would be greatly appreciated.

sourcrates

bluemonday3 wrote: »

Thanks Sourcrates, you recently advised me on obtaining CCA's before I try to do F & F settlements, which I have done but Cabot are being very difficult.
they are saying that they provided this in 2013 & they have no obligation to do this again and want to know why I want this.
any advise would be greatly appreciated.

Actually they do have an obligation to provide them, so they are wrong.

Write back and remind them of that.

bluemonday3

Thanks for this, I have emailed them back to this effect, so will wait to see what they say.

fermi

Only legal exception Cabot could use would be:

(3) Subsection (1) does not apply to—

(a) an agreement under which no sum is, or will or may become, payable by the debtor, or

(b) a request made less than one month after a previous request under that subsection relating to the same agreement was complied with.

So Cabot are lying that they don't have to comply.

bluemonday3

Thanks for this, I have never felt very confident in handling creditors so everyone's advice on here has been invaluable and I do appreciate it.
As my salary has decreased significantly due to a change in employer, I want to offer f & f settlements with the little I have saved to get rid of this.
I have made significant impact into my debts having been in a DMP since 2009 and I have learnt some hard lessons along the way.

bluemonday3

Just out of curiosity, I am assuming that organisations like Cabot use these tactics as they assume most people are like myself very naive & lack confidence in dealing with them? I find it incredulous that they feel it is ok to behave in this way when they have rules to follow.