DCA want income and outgoings. No right?

blackrain · 9th November 2006, 12:56

I have made an offer for a payment plan to a DCA. They want my income and outgoings. My understanding is I don't have to give that to them.

They have alreday threatened court action (for a debt they don't own) and to pass my details to a debt investigation agency (they don't have my permission to pass my data on).

I want to make it clear I know my rights so advice on the income/outgoing would be appreciated. Thanks!

Turnaround · 9th November 2006, 15:07

Firstly it would depend if the debt was yours.

Turnaround · 9th November 2006, 15:20

As you have now offered a payment you have aknowledged the debt.

It often helps to include an I&E but their is no legal requirement.

"I am under no legal obligation to provide you with documentary proof, however this will be made available to any court should they be required.

I am well aware of my rights in this matter and will not be subjected to bullying, threats or underhanded methods. I would remind you that the offer made to you is with the help and guidance of the CCCS, and is on a pro rata basis as used by the county courts. My finances are being reviewed on a regular basis and the pro rata payments are subject to change.

I am unable to provide copies of the documents you may require as these amounts are paid into my bank, and I do not have the facility or finance to copy any documents. The originals, will however, be made availble to any court should they be required. "

Hope this helps.

Regards....Turnaround

gizmo111 · 9th November 2006, 15:35

They have alreday threatened court action (for a debt they don't own) and to pass my details to a debt investigation agency (they don't have my permission to pass my data on).

If they are the DCA - what in heavens name is a debt investigation agency - you've admitted the debt so umm what are they investigating actually?

Turnaround · 9th November 2006, 16:03

A DCA, to legaly process your personal data has to have your writen consent as it can't be transfered from the original agreement.

blackrain · 10th November 2006, 10:52

Thanks. This is what I thought. The way I see it is if they don't like the payment I offered they can get the original creditor to initiate court proceedings. I don't have any more money so it makes little difference to me.

I'm not with CCCS or anyone but I think I will go and have a word with CAB. I sent my first cheque with payment plan which they cashed practically instantly and I think if I stick to the plan I suggested it will at least show the court I am trying to pay the debt off.

blackrain · 10th November 2006, 10:55

gizmo, I have no idea what the 'Investigation Agency' was. They just listed 3 things which were obviously supposed to scare me.

1) court action - I said you don't own the debt so you can't.
2) send someone round - I said so?
3) investigation agency - try passing on details and you will be chatting to the information commissioner.

I owe the money I will pay the money but don't treat me like a monkey

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