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Red DCA


pebbles85
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Hello. Iam new to this site and would please like some advice

 

I went online the other night to obtain my credit score through Experian to see which outstanding debts i still have showing. There was two which i was aware off one which i did have red chasing me for regarding a HSBC debt which my sister settled with them but we have never recieved a comfrimation letter stating that this debt was settled? And the debt was paid over two months ago?? Apart from those two there was nothing else showing.

I Have now recieved a letter this morning from red DCA regarding a T-mobile Debt i had around 2 and half years ago. This is the first letter ihave recieved regarding this amount and they stated that as i have not made any atemped to pay this they wanted me to contact them or they would arrange a home visit from balliffsto take goodsfrom my home or they would take me to court to obtain County Court Judgement. I was a bit puzzled as i thought that any outstanding amount that you had owing or that had not been settled would show on your credit history but this debt was not on mine should it show if it is outstanding??? . I am really worried and i am not sure what to do the letter was not very nice and did upset me. Any Advice please. Thankyou

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Firstly DO NOT SPEAK TO THESE PEOPLE ON THE PHONE AT ALL, demand all communications in writing

 

They can't take anything from you without first going through the courts.

 

They can arrange for a doorstep caller to visit, but they have no powers of enforcement and if requested to leave, have to do so, they have no more powers than the pizza delivery boy

 

They cannot get a CCJ without attending court and proving that there is a debt, and that they have the right to collect it.

 

In the first instance, it may be wise to contact T-Mobile and clarify that the account is showing zero and there is no debt. From there the DCA has nothing to enforce.

Hope this helps

 

 

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The large print giveth, but the small print taketh away. ~Tom Waits, Small Change

 

 

Please note: i am not a qualified lawyer, any advice is offered in good faith and is based on my own and others experiences and a penchant for research and a desire to help others to empower themselves

 

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A default normally only sits on the credit file for 6 years, after that period it would not appear.

 

If the debt is only 2 and a half years old, and only settled a couple of months ago then unless as part of the settlement it was agreed to clear the default, I would expect to see it with its current status ie partially paid, paid in full etc.

 

If the default states paid in full, then they've got nothing to pursue. also if you can prove that you paid the debt in full and have (or can obtain) documentary evidence that you have, but the status still shows outstanding, you should complain to the company that you paid the monies to as they should have updated your file to reflect this payment.

 

If you paid via cheque, or electronic means, it should be relatively simple to obtain proof that the money was paid and who to.

Hope this helps

 

 

If you feel that this site has helped you in any way please leave a donation if you can afford to do so.

 

If you feel that have been helpful please feel free to tip the scales.

 

 

The large print giveth, but the small print taketh away. ~Tom Waits, Small Change

 

 

Please note: i am not a qualified lawyer, any advice is offered in good faith and is based on my own and others experiences and a penchant for research and a desire to help others to empower themselves

 

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They can arrange for a doorstep caller to visit

But only with permission and further to making an appointment.

 

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

 

Regards, Dave.

If my post was helpful don't forget to click the star!

Advice is offered freely, without liability and without prejudice.

If in any doubt professional legal advice should be sought.

 

I do not profess to be in any way legally trained, I am a big

oily truck driver and all I know has been learned within the

Consumer Action Group.

 

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