Grrrr

Ames

A few weeks ago I had a letter from the DCA dealing with an old overdraft saying they weren't going to chase it anymore. So I thought it was over with. Nope, today I've got a letter from a different DCA asking for it.

I really wish I'd gone bankrupt a year ago when CAB told me to, now I can't.

tigerfeet2006

Why don't you CCA them? Not sure you can do it with overdraft debts but I am sure someone will be able to along and say if it is possible. 'Cos I am betting that if it has been passed on several times they haven't got the correct documents that you signed originally.

Ames

I can't CCA it because it's an overdraft. I've cca'd a loan and need to send the last letter off but my printer's running out of ink, I've got two more letters to send to DCA's and can't do them yet either, and my mobile's just broke. And I owe OH money which he wont let me put off two weeks. It's just all come at once.

GeorgeUK

Unfortunately, overdrafts don't require a CCA so can't request it.

Overdrafts are covered by the Consumer Credit Act 1974, but have an exemption that means your signature is not required.

A post by Fermi gives the detials. Basically,

• the debtor must be informed, at or before the time an agreement is concluded, of the following:
o the credit limit (if any)
o the annual rate of interest and any charges applicable, and the conditions under which these may be varied
o the procedure for terminating the agreement;

• the above information must be confirmed in writing.

In other words, you may be able to request that the letter confirming the details be sent as proof of the debt, but it won't have your signature or anything that may confirm when the document was created. If it is now with a DCA though, they may not be able to produce it (or reproduce it).

I think a letter asking them to prove the debt is yours is about all you can really do.

tigerfeet2006

Oh! well it was a thought. Sorry couldn't of been more help.

RAS

How old is old?

Could this be statute barred?

Ames

No, I've made token payments to several of the DCA's over the last few years. Nice thought though!

smashedbooboo

Is the overdraft made up of any bank charges, or the original balance hun. I have not read any of your other posts if you have any on this matter,. Is it possible to put down who the DCAs are and what they are chasing. ie The orinal creditor and how much. There maybe a way round this. Only maybe but need to know info hun. PM if you like. And for what you have left owing its not worth you going bankrupt now. You have done well so far. Lets see what we can do with last bit. Dont speak to DCA on the phone though. Writing only. OK

smashedbooboo

Another question, Did you have any over limit or late payment charges on your credit cards. If so have you claimed them back.

Ames

I've had looooads of charges on my credit cards, I'm going to wait until I've got something saved for an f&f then reclaim them so I can clear them in one go.

Right. OC was Natwest, I don't think there were many charges, I got one lot and switched accounts, so at most about £40. The DCA are Equidebt and it's for £1228.07. (Limit was £1200 so there's not much charges to claim back). Although it doesn't actually say on the letter what it's for, it just says monies due under an agreement in writing, but it must be the student overdraft.

Any more info just ask, thanks so much for the replies.

I think I'll just be offering them the token payments and add them to the bottom of the queue for a f&f at some point.

smashedbooboo

NOooooooooooooooooooo, dont offer anything just yet. We need to find out exactly what and how much debt to who hun. Right the credit cards first. Do you have your statements for them. They may well you more than you owe them . Have you actually worked out what your charges are.