Can anyone advise?

[macushlamoon]

its regarding a debt that went to court 5years ago... an agreement was made through the court as to a payment plan.. this is paid monthly and has never been missed. Recently the debt has been sold to another DCA, they are now asking for the full amount to be paid up.

 

I have compliantly paid this debt for yrs... the original debt occured because the insurance on the loan was never honoured, when i was made redundant. The original loan was for 13K, i had just 5k to pay when i got into trouble, the debt was sold to a DCA, although i was never informed by the bank they were handing this on, when it went to court they were asking for 13k, it went in their favour, due to the fact I was in no fit state to fight it.

 

I am now being hassled by the *new* DCA, so i sent them an SAR, recorded delivery, with relevant monies.... that was on the 19th Oct 2007... i have yet to hear from them. Although they have cashed the cheque.

Can someone advice on how i should now proceed with this, can i take this back to the courts? as in my opinion i have all but cleared the 5k i owed on the original debt. But untill i am in receipt of the transactions made to this account i have no idea where the added 8k came from.

[rory32]

Your schedule of repayments and how much you pay would have been set by the court. Only the court can vary this amount. A DCA can not lawfully just demand full payment without the approval of the court (which the court won't have given approval for as you are maintaining your payments). Were you missold PPI on this account? If so you can claim the PPI back.

[rory32]

Regarding the extra 8K it seems like they have added a lot of collection charges to the account. You can certainly challenge these charges and in all probability get them removed from the account.

[macushlamoon]

Thx Rory32... Glad to hear that the new DCA now can't change the goalposts

 

i don't think i was missold PPI, the redundancy was on mutual agreement with my employers, as my wife was incredibly ill and needed full time care, and because of this the insurance wouldn't cover the loan payments.

[macushlamoon]

Rory32 - regarding the *extras* this is why i sent them an SAR to see how and where these charges were added.

 

Without that though... i have no idea how i now owe almost as much today as i did 5 years ago, even though i was paying the loan off before it went to court for just over 2 years.

[rory32]

When did you send the SAR? Have a look at the PPI forum anyway http://www.consumeractiongroup.co.uk/forum/ppi/61081-ppi-some-notes-claimants.html you never know you may have a case for reclaiming it.

[macushlamoon]

I sent the SAR on the 19th Oct 2007 and as yet ... nothing

[rory32]

So their 40 days are more or less up. Do you know what to do if they don't coply? You send this http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6986-data-protection-act-non.html and if they still don't comply you file an N1, example here http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6971-data-protection-act-non.html

[macushlamoon]

Thx for your help and advice, .... i will get on to the next stage.... fingers crossed, hey.

[rory32]

If you run into any problems or are not sure about something just post and someone will give you a hand.