DCA - Should I try to deal

[212]

Hi all,

 

After a cca request and a few other letters to the a certain DCA they have replied and advised they will no longer be collecting this debt and will close the file, due to not being able to provide the required documentation.

 

There is a default registered for this debt, and I'm wondering if I would be able to ask them to remove the default if I paid them monthly installments, even thouhg they said they can't and won;t collect this debt. Basically do a deal with them.

 

Do you think it's worth a try, or could they hold it against me by me offering to pay?

 

Thanks

[saintly_1]

Hi

 

Sorry, I've just noticed that you haven't had a reply yet. This isn't my area of expertise............. but hopefully somebody will be along soon to advise you further/point you in the right direction.

 

Best of luck

[Dibsthefrenchie]

I am in a similar position and would also like to offer a f&f payment, but i'm concerned that it could be taken as acknowledgement of the debt, hopefully someone with more knowledge will answer the question.

Dibs.

[42man]

I know of several people on here who have fought in court their defaults and have won - take a look at this one. (I think it was fought on defaults as well)

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/111844-another-cabot-court-case.html

 

One piece of advice is that if you do make an offer to settle that it isn't just a conversation on the telephone (unless you can record the conversation)....I know of at least one person on here who settled by means of a verbal agreement, paid them the settlement and found himself fighting a CCJ for the debts !!!! GET IT IN WRITING !!

[spamheed]

If they cannot enforce the debt, on what authority are they processing your data?

 

the CCA as well as binding both creditor and debtor to the contract, also give permission for the creditor to process information regarding the contract.

 

IMHO I would suggest that they are in breach of the data protection act by processing your data without your explicit permission

[Curlyben]

Have a good read of this: http://www.consumeractiongroup.co.uk/forum/legalities/24013-defaults-proposed-method-removal.html