Help with DCA please

devonsdreamer

I have a thread on Bankruptcy board http://forums.moneysavingexpert.com/showthread.html?t=786409

I am trying to deal with 1st Credit.

Every time i send them a letter I get a letter responding saying:

"thank you for your correspondance, the content have ben noted, please call to discuss this matter further":mad:

I recently sent a F&F offer and again got this response.

So any suggestions what we do now. I have stated in nearly every letter that hubby will not discuss matter on the phone-

My insticts say write a letter stating along the lines of

" I have offered you token payments I have offered you F&F figure I can afford. I have told you I will not discuss this matter on the phone however you have asked repetedly that I call your office and continualy ignore any effort on my part to remedy this situation."

Can anyone suggest better wording/structure of this OR another way of dealing with it- the whole thing is Piddling me off now!!

I am also about to start the process again with another DCa-

We now we owe the money- we have not tried to get out of paying and have offered what we can afford, however as usual this is not enough. My husband does not want to go bankrupt and is doing all he can to increase our income.

MAny thanks for reading and any suggestions

rog2

Hi DD

You may, already have seen it, but National Debtline have a very good factsheet on 'Full and Final Settlement Offers':

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=24_full_and_final_settlement_offers

My advice is to continue to deal, or attempt to deal, with 1st credit in writing - make sure that ALL of your letters are sent by recorded delivery, and that you check when they were received.
Ring your local Trading Standards Offfice, or National Debtline (0808 808 4000) and tell them that 1st credit are refusing to respect your wish to deal in writing only.

devonsdreamer

Many thanks - yes i used the template letter and followed the guide. I also added about not discussing matters over the phone to stop them writing bck asking us to call.

rog2

devonsdreamer wrote: »

Many thanks - yes i used the template letter and followed the guide. I also added about not discussing matters over the phone to stop them writing bck asking us to call.

I can fully understand how you feel.

I think I would suggest something along the lines of:

"In spite of my many requests to deal in writing only, you continue to ask me to contact you by telephone to 'discuss the matter'.
I have made it abundantly clear that I will deal with you by letter only, and I will report any further requests, for telephone contact, to the relevant authorities.
I have made you an offer of a 'Full and Final Settlement' (quote date and offer) of £***** against this debt.
This offer was made in good faith, and on the promise of funds being made available to me, with the sole purpose of settling this account.
These funds were made available, to me, on the agreement that I settle the account by the end of May. The funds are limited to the amount of my offer of **.**.08 and no additional funds can be made available. Therefore I am not in a position to increase my offer.
Furthermore, if this matter is NOT resolved by 25th May 2008, the availability to the said funds will be withdrawn, and I will no longer be in a position to make you a 'Full and Final Settlement' offer.
I would ask, therefore, that you reconsider my offer and confirm, in writing, that it is acceptable as Full and Final Settlement of the account, within 10 days of this letter.
If I do not hear from you, by letter, within 10 days, I will have no alternative oher than to consider that you have rejected my offer, and my offer will be withdrawn, as will the availability to the funds which have allowed me to make this offer.
I repeat that I will only deal with you by letter, so please do not ask me to contact you by phone.

Yours etc."

The dates are only there as examples, and you can, of course, alter the wording to suit your requirements.

If possible, I would send a copy to the Managing Director of 1st finance, and, if they are collecting on behalf of, the original creditor.

rog2

Can I ask, DD - is this 'debt' one that you notched up prior to your bankruptcy?
If so, then why do you feel any need to make a F&F offer?

Edit: Sorry - just seen that you are dealing with your OH's debt.

devonsdreamer

Thnaks rog for the letter idea- I will adjust dates and sent first thing monday. Being dyslexic I sometime struggle with making things make sense!

rog2

devonsdreamer wrote: »

Being dyslexic I sometime struggle with making things make sense!

You make a lot of sense to me, DD. Good luck. :beer:

excel1

Hi,
Justto say that your not the only one which 1st credit seem to think this fobbing off response will work on keep at it and thanks to rog2 for the letter which i will be using too!

devonsdreamer

Sent the letter and so far have had NO response at all!!! Usually by the time that has passed they have replied with "call us"

I assume that CCJ may be the next thing they try or can they try to make him bankrupt? the debt is over £1000

Thanks all for the help

devonsdreamer

I used the letter as suggested and there response has been a "legal proceedings" letter. Not too concerned as they have sent one before and hubby realises that a CCJ is quite possible. So todays questions are:

1. What happens if it gets to a CCJ (we have never had one before) :eek:

2. I have drafted this to send any imput from anyone:

I write with reference to your letter dated 29/05/08 informing me of your intentions to commence legal proceedings.
I have many attempts to offer you token payments and have requested you furnish me with details to enable me to do so. I have made you an offer of a 'Full and Final Settlement' on 05/05/08 of £350 against this debt. These funds were made available, to me, on the agreement that I settle the account by the end of May. The funds are limited to the amount of my offer of and no additional funds can be made available. I am not in a position to increase my offer however I have been able to negotiate the availability of these funds until the end of June.

All offers of payment have been ignored and you have responded with letters asking me to call your office. I have stated clearly that I am unable to discuss any matters over the telephone as I find speaking on the telephone difficult and stressful.


I would ask, therefore, that you reconsider my offer and confirm, in writing providing me with the details to make payment at a bank, that it is acceptable as Full and Final Settlement of the account, within 7 days of this letter.


I repeat that I can only deal with you by letter, so please do not continue to attempt to pressure me into making contact by phone.


Many thanks for reading