Can the DCA issue a ccj when in dispute?

Notty · 2nd January 2007, 11:34

I have 2 credit cards that I am in dispute with. The original amount was for £200 on each card but now stands at £800 each card. Both cards have been passed to a DCA. I have sent both letters to the issuer of the original cards, Cap One and Monument but have not been able to issue the court papers yet. I will resend the LBA letter though and carry on with the NI form as I want the charges back but more importantly I want the default removing.

I have been paying the DCA what I could every month but as the charges on the cards are so excessive I feel I have paid the £200 on each card and want to stop paying the DCA but I am worried they will issue me with a CCJ. Can they do this? Should I send them a letter saying I feel I have paid them what I owe them and refuse to pay anymore?

Mike220359 · 2nd January 2007, 12:10

If you were in dispute the accounts should have been sent back to the original account holders. Have you asked for a copy of the original agreement?

Mike

gizmo111 · 2nd January 2007, 12:13

To have a CCJ registered they have to go to court anyway, they can't just issue it and you will have a chance to defend yourself should this happen.
How much are the charges on each card? When will you be issuing court claim and have you aslready asked for the removal of the default in your letters to them?

Notty · 2nd January 2007, 15:22

The charges are £600 on each card (original card was for £200 then over a year - even though I was still trying to pay it, they put the extra £600 on each card - that is Cap One and Monument). I was advised to still pay the DCA even though I have gone after the Cap One and Monument so that I dont have the DCA after me and have an ongoing dispute with the Cap One and Monument. I got as far as issuing the 1st letter and LBA to both Cap One and Monument. I also asked for the defaults to be removed but both refused. I was at the stage of issuing court papers but didnt have enough money to do this. So I will have to reissue the LBA to both of them before the NI form as it was a couple of months ago I sent the original LBA.

As I say I am still paying the DCA's but it doesnt seem right when I have more than paid the £200 to the Cap One and Monument. I know the DCA will have purchased the debt from them and will want their pound of flesh but I must have paid them a couple of £200 over the last year. I am not sure what you mean about the DCA returning the paperwork to Cap One and Monument?

Any help would be appreciated as I really do not want to pay the DCA anymore money but do not know what to do next. I want to make sure I am doing it right before I pick up the claims again against Cap One and Monument.

i_spam · 2nd January 2007, 18:10

notty are you on benefits or on a low income ? if so you can ask for a fee exemption or fee remission !!! the earlier ino fee payable the latter a partial fee may be payable.

Notty · 2nd January 2007, 21:20

Hi Balifchaser

Unfortunately I self employed so have to pay the full amount.

Does anyone know if I should still pay the DCA and if not what steps would I take, letters ect. Any help please?

Many thanks.

i_spam · 2nd January 2007, 21:23

even if you are self employed you should be claiming working tax and child tax and with them you need to give them a declaration declaring how much you expect to earn in the next financial year and they will put you on even if you recieve working tax of £1 per week you are still on benefit !!!!

Notty · 2nd January 2007, 21:43

Thanks for that Baliffchaser. I thought you could only claim Working Tax credits if you have children. I have children but they are all grown up. Also I have a mortgage and didnt think you could claim if you had. Dont know much do I! My business is on a real down turn at the moment but I honestly didnt think there was anything a self employed person could claim.

gizmo111 · 2nd January 2007, 21:45

Personally I would write to them and send them a £1 a month until you issue claim. Just to show willing ot court.
How much will your claim be on each card?

i_spam · 2nd January 2007, 21:55

I though that as well. you can also do a back claim and tell them you did not know. you wouldnt get the child element but the working you would. ask you accountant what he thinks you are going to earn next year. take 25% off and claim for this amount. that way if you under estimate you can repay via next years credits and also if you over estimate next year credits will increase as well. do it today on line .

i_spam · 2nd January 2007, 21:56

I cant believe it. you are in business and dont know about wtax ?

Notty · 3rd January 2007, 09:00

I know what a drip! Has the Working Tax credit changed recently. Only my brother was self employed. He died 5 years ago with an asbestos related cancer. He couldnt get hardly any help. In fact he had his credit card issuers ringing him morning noon and night when he was so ill and dying. I think things have changed a bit. He always used to tell me you couldnt get any help if you were self employed.

Thank you so much for the info. I have been on the phone to them this morning and they are sending me the pack out. It couldnt have come at a better time. I have a possesion order on the house, even though Northern Rock said as long as I paid the arrears (which I did) the case would not go ahead. I had a letter from them last month saying they were sorry I had been given the wrong info about the possesion order. The thing is now if I miss a payment I am out on my ear. Once I get the Working Tax credit (hopefully) I can get the two defaults removed that Monument and Cap One have put on my credit file. Then I will change mortgage providers and go after the charges Northern Rock have added to my mortgage account.

Thank you so much.

Notty · 3rd January 2007, 09:07

Thanks for the reply Gizmo.

I am claiming against Cap One and Monument. Although the cards now stand at £800 and £900 when they sold them on I havent actually paid that much. I have more than paid the original amount of the £200 on each card. So I have been advised to claim the full amount? I must admit it is the defaults I want removing more than anything. I understand now that the DCA's can issue me with a CCJ but I could defend that in court. When you say send them a £1 until I go to court you do mean the DCA dont you? I have been paying them £30 each a month.

gizmo111 · 3rd January 2007, 13:09

Yes just make token payments until dispute is sorted and you have issued claim - whilst debt is in dispute they cannot take action anyway - but this doesn't always stop them. Paying a token will show court that you are willing.

have a look here entitledto to work out what you may be entitled to.

Notty · 5th January 2007, 15:21

Hi Gizzmo

Thanks for the website address, brilliant. I have my 2 £1 postal order ready to send to the DCA's. Should I just tell them in my letter that this is all I am prepared to pay until the claim against the card issuers (Cap One & Monument is settled in court)? Some people have mentioned asking for the agreement to prove they own the debt? What do you think? Or just keep it simple until the court case against the card issuers is settled?

Notty · 6th January 2007, 08:59

Hello could anyone help please.

MARTIN3030 · 6th January 2007, 09:32

Yes follow the advice given above.
A token payment.
Its up to you as to whether you send a request under the CCA for true signed copies of the original agreements.

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