Dca Cancelled Payment Plan Help

[Rafas_Reds]

Hi all making this enquiry on behalf of my younger cousin who has been paying capquest a nominal amount each month for the past 15 months to try and clear outstanding debts with hsbc and barclaycard for debts accrued whilst a student one is an overdraft the other a credit card....

They are stating that because they haven't received the payment on the 9th of feb and also due to irregular payments over 15 months, they want the full amount. Jackie is unable to do this as she is a fulltime carer and in receipt of carers allowance and income support, they are also in receipt of proof of this and have an income and expenditure sheet.

The graduate account was opened in 1998 and shut down in 2002 for inactivity the debt passed on was an overdraft i assume this comes under the cca although i understand that this is a grey area ??

Although the account was opened more than six years ago i assume that for them to legally enforce the debt they would have to hold a copy of the original cca or does the payments over the past 15 months entitle them to special dispensation....

We have even clubbed together and offered to make them a 40% offer as a full and final settlement but that has been refused.....

Help needed...

[lookinforinfo]

If we start off with the credit card then.
Send the DCA a CCA request along with £1 postal order. You will find a template letter in the General Debt section-then go to the "sticky" sub section, the last thread-and letter N is the one you want. This will stop them
for pursuing your cousin until they have complied with the demand.

Now for the bank.
She will need to send an Subject Access Request to the bank with whom she has the overdraft
along with £10 postal order. The Subject Access Request template letter can be found in the FAQS/step by step guide in the first page of the forum. Included among the
documents sent. should be confirmation of the date the debt was assigned to the DCA if indeed it was, and how much the debt was then. Also included
will be details of charges applied to her account over the past six years. By
understanding the FAQ section, she will understand how she can reclaim the
unlawful charges which will help to reduce the debt. It si advisable that she
opens a back up bank account before claiming her money back.
Once she knows how much she can reclaim from the bank, and writes to ask for them back, she can confirm to the DCA that the account is in dispute,
and they will not be able to pursue her for the debt until the dispute is
settled.

[Rafas_Reds]

Thanks for the prompt response will keep you updated....