Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
I have been reading through this site for a while now, only having posted once regarding being the victim of bank fraud & the advice was brilliant.
I wonder if anyone would be able to advise me - I have been paying 4 different DCA since 1992/3, (this was due to a divorce), however I have now been married for the last 7 years, I have never increased these payments LOL, and have never been hassled, I never miss a payment, but the problem I have is I am paying such a low amount that should I reach the grand age of 100 there would still be an outstanding balance on all of them.
I am wondering if I would be able to get them written off due to the age, or perhaps you could advise on what I could do.
Obviously due to the age the defaults have been long gone from my credit file, none of these are a CCJ just all with DCA.
You could always try asking them for a copy of the agreement and send your £1 off.
If they can't come up with an agreement then I doubt they could ever enforce it. I think you would be in a good position to negotiate a low settlement then!
Especially as they are in criminal default if they don't come up with the agreement in a set time, aprox 30 days I think.
Check some other threads out and you'll get the idea!
If you'be regularly been making payments, then the age of the debt isn't really relevant. You could politely ask each DCA for a statement of your account and see what the outstanding balance is. If they've been adding interest and charges then you may be able to get these back.
If you have some free cash and the balances look like they should, then you could offer Full and final settlements starting at say 20% of the outstanding balance to clear the debts once and for all.
I have been thinking of a settlement recently, I got an up to date balance recently (within the last month only verbal) the total amount is approx. £5,000, I could offer a settlement on each of them, but I doubt it would be any where near what they would want to settle, then I would wonder if they would start to hassle me to increase payments.
Would the DCA not think it strange that after all this time, I am now requesting a copy of the agreement, where would I stand should they not be able to produce one as I have been paying regular.
Would the DCA not think it strange that after all this time, I am now requesting a copy of the agreement, where would I stand should they not be able to produce one as I have been paying regular.
If they cannot produce an agreement, then they had no business chasing you for money in the first place. A DCA either acts on behalf of the original creditor, in which case the debt will be passed back to that creditor or, a DCA will buy the debt for a pittance and still chase you for the amount outstanding, without necessarily having your CCA document that is needed to legally enforce it.
If a DCA does not produce the CCA document within 12 days from (recorded delivery) signature of your request, then they are in default and cannot enforce the debt without going to court. However, they cannot go to court to enforce without the document !
I have been paying 2 DCAs for 4 years... have had little hassle and like you, have never increased payments. Recently though, one of them became very stroppy and threatened all sorts despite those payments always being maintained.... so don't think it will never happen to you. I CCA'd both of them and both are now in default which means that they will get diddly squat from me until they produce it. Hopefully, that will be never.
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I AM NO LONGER AN ACTIVE MEMBER OF THIS FORUM AND WILL ONLY RESPOND TO POSTS ON SUBSCRIBED THREADS.
Would you send CCAs to the 5 of them?? Is it 12 working days from receipt that they have to reply in? am I correct I would need to send £1 postal order?
What happens should they not reply, what would the next step be for me?
What happens should they not reply, what would the next step be for me?
You would throw your hat in the air. In an ideal world for you, none of them
would reply. Since until they respond, they cannot pursue you in any way for the debt. And if they still haven't replied after a further month, then they
commit a criminal offence, and can only get the debt reinstated by obtaining
a Court Order.
They will not want to do that, since they will have to admit the offence
[possible fine up to £5000] and no guarantee that the judge will allow them
to chase the debt anyway.
Postal orders are best so that they cannot get your bank details and you
can check to see if they have been cashed. It is money well spent.
The time for response is 12 days after which they are in default. The act makes no mention of working days but if it was at the height of the hols you might be expected to give a little leeway.
If after a further 30 days they remain in default (total 42) they have committed a criminal offence subject to a summary conviction with a penalty on the standard scale of 4. Namely a fine, since 2005, of £2,500 and/or a prison sentence of no more than 6 months
Having said all that it's well known that the DCA's in particular send out notification of intended legal action (lba) during the peak of hols season including around Xmas in the sure knowledge that many will not respond because they are either abroad or not wanting to ruin that time of year for themselves or their family bury their heads in the sand.
There is nothing that is beneath these companies & as we begin to turn back the tide there will be NOTHING they won't do to try a continue obtaining their pound of flesh
If they don't comply you can't just ignore it & should follow up by threatening to start legal action for compliance by reporting them to the authorities (police or TS) It will probably be at this point when they will admit they cannot supply cos they don't have it & you will respond by telling that in that case they are not nor have they ever been entitled to pursue you for the debt.
You could and should demand at this point that they leave you alone & stop proccessing your data (it stops them passing on the debt to another DCA).
You could even demand the money they have received by mistake from you be refunded + % forthwith
Sorry just before I send my letters to request the Credit agreement, should I ask to be sent a statement as I have not got a clue as to how much I have paid them over these years, although I do know how much I owe as i got a balance within the last month.
The reason I do not know how much I have paid in total to each of the DCA is during the first few years there were payment increases, and all I know is if I continued to pay, I would not be around to finish paying the debt.
They are also obliged to supply a statement with your £1 request, your letter should state this and it is part of your rights under the act.
If you are using a copy of a letter from here it should say in it:-
"You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee, PO Serial Number xxxxx.
You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.
Old Debt Going Back to 1992/3
& the advice was brilliant.
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Re: Old Debt Going Back to 1992/3
Originally Posted by nannamoon1
In an ideal world for you, none of them