DCA heavy-handed over increase of repayments - advice needed, pl.

[FlyboyAgain]

My wife & I are managing our debts as best we can. We send our DCAs a financial statement every three months but, lately, they have started becoming less polite and and are now aggressively demanding we increase payments. They have said if we don't make increases, they will take 'further action' to reclaim the debts. I have asked for clarification on this, but does anyone here know what they can and cannot do, since we are paying on time. I might add these are CC and loan debts only; the mortgage is still being paid in full to the lender.

 

I have told this DCA that I will not put up with harassment and I need to have as much ammo as I can against them. I just feel there are certain people in this nation that want to see people in debt go to the wall, instead of trying to asisst and accommodate them. Any advice gratefully received!

[FlyboyAgain]

I've just seen this - http://www.consumeractiongroup.co.uk/forum/announcement.php?f=176&a=147 -elsewhere on the site. Can I quote this ruling at the DCA thugs when I call them back?

[Little Mermaid]

Hi Flyboyagain,

 

Please do not speak to DCAs on the phone they will only bully and intimidate you. Tell them you will only deal with them in writing. How old are these debts?

[rory32]

The link you posted doesn't work.

[FlyboyAgain]

Rather old, say 5-6 years. We had 50k and have paid off 20K thorugh raiding all our savings and from donations. Now, we are paying them off at the amounts suggested by CAB, who hadnl;ed our case a few years ago. My work income fluctuates wildly due to being self-employed, yet these DCAs are now getting heavy, demanding increases. I have told them I may be seeking decreases on some of the debts that have larger repayments; they didn't like the sound of that one bit!

 

After the way the banks spoke to me and reduced my wife to tears, I'll never let anyone do that again.

 

Sorry abiout the bad link; it eventually went to here:http://www.oft.gov.uk/shared_oft/press_release_attachments/1stcreditrequirements.pdf

 

CAn I quote this ruling at these swine if they start leaning on me again? We've maintained all payments under the Agreement and still pay full mortagage repayments.

 

Thx,

 

Fly

[FlyboyAgain]

Just to give you all a bit more info; all our debts are now with DCAs and we've maintained them and even agreed to one or two small increases in the past. Now, though, in the past two months, they seem to be getting a bit heavy, threatening 'action'. I've written to them asking to clarify what this 'action' could or will entail, but have heard nothing back.

[dx100uk]

right, firstly - YOU decide how much you pay them and WHEN.

they [DCA's] have no legal powers whatsoever .

 

now you say all your debts are with dca's, when was the last time you actually checked they had the correct paperwork to collect on these debts?

i'd fire off a few CCA requests.

 

oh and as already told STAY OFF THAT PHONE!!

never talk to a dca on the phone.

 

is anything secure on your house?

 

dx

[Monty2007]

Just to give you all a bit more info; all our debts are now with DCAs and we've maintained them and even agreed to one or two small increases in the past. Now, though, in the past two months, they seem to be getting a bit heavy, threatening 'action'. I've written to them asking to clarify what this 'action' could or will entail, but have heard nothing back.

 

Hi, you should only pay them what you can afford and it sounds like you have done this correctly by sending them an I&E plan plus getting back up from CAB. DCA's will always behave like this, they are typically unreasonable and aggressive, and they drive some to total despair and suicide.

You should not talk to them and insist on everything in writing only; this gives you the opportunity to track the situation. It is unlikely that they will litigate if you are taking this approach since any writ will include the statement that you have declined to pay, hence any Sheriff will ask them why they have brought an unnecessary action. If they are harassing you then send them an harassment letter and involve trading standards (it works ).

Have you checked to see if these debts are enforceable? it you could post the background (amounts and DCA's/Banks/dates accounts were opened) you might find some are not enforceable, you will also have to request true and signed copies of the credit card agreements under s.78(1) of the CCA. It may be an avenue worth looking at.

[FlyboyAgain]

Dx

 

What are CCAs? And the only time I talk to them on the phone is when I call them when they want to review the payment plan. I always do that.

 

We have a secured loan (9k) on the house; full payments still being made. That, and the mortgage, is still being honoured as per initial agreement.

[FlyboyAgain]

Monty,

 

Yeh, I learned that with the banks: telephone conversations/agreements have a strange habit of not being noted!

 

CAn you be a bit more specific re you last para? Sorry to come across a bit thick!

[Monty2007]

Monty,

 

Yeh, I learned that with the banks: telephone conversations/agreements have a strange habit of not being noted!

 

CAn you be a bit more specific re you last para? Sorry to come across a bit thick!

 

You have a statutory right to request a true and signed copy of your credit card and loan agreements under provisions contained within the Consumer Credit Act 1974. Many (not all) pre-2004/5 credit card agreements may be found to be unenforceable by virtue of not conforming to the Consumer Credit Act 1974. I would suggest you find CAG threads on your bank/DCA and read around since the approach and strategy since it is well covered here. The templates letter section contains the letters that you should send.

If the agreement is found to be defective, or they have not complied with the default notice, then it is likely (but not certain) that a court would deem the debt to be unenforceable. It is worth you sending off requests for the agreements and checking their validity on CAG, you can still keep paying the DCA during this process and it should not compromise you in any way.

Alternatively, if the debt has been assigned to the DCA (sold) then you may want to consider making them a full and final offer, typically they will have bough the debt for a fraction of its "face value" - 5-10%.

My advice would be to spend a few hours reading the various threads on CAG relating to your bank and DCA and look at the various cases and approaches.

[postggj]

only pay a dca what you can afford

cca all dca

do not talk to them on the teephone, allways in writing.

 

we are going to see a lot of this.

dca took out big loans to buy these accounts,

money not comming in as we cca them

banks still want there loan repayments

dca feeling the pinch as over extended

 

SHAME

[FlyboyAgain]

You have a statutory right to request a true and signed copy of your credit card and loan agreements under provisions contained within the Consumer Credit Act 1974. Many (not all) pre-2004/5 credit card agreements may be found to be unenforceable by virtue of not conforming to the Consumer Credit Act 1974. I would suggest you find CAG threads on your bank/DCA and read around since the approach and strategy since it is well covered here. The templates letter section contains the letters that you should send.

 

If the agreement is found to be defective, or they have not complied with the default notice, then it is likely (but not certain) that a court would deem the debt to be unenforceable. It is worth you sending off requests for the agreements and checking their validity on CAG, you can still keep paying the DCA during this process and it should not compromise you in any way.

 

Alternatively, if the debt has been assigned to the DCA (sold) then you may want to consider making them a full and final offer, typically they will have bough the debt for a fraction of its "face value" - 5-10%.

 

My advice would be to spend a few hours reading the various threads on CAG relating to your bank and DCA and look at the various cases and approaches.

 

How do I know if the debt has been sold to the DCA? I thought they were merely passed onto the DCA, with the bank still wanting its pound of flesh?

 

And these credit card and loan agreements: I guess I have to write to the banks (and not the DCAs) for this data?

[postggj]

flyboy

 

send a cca request to each dca

if they cant produce an agreement within two weeks you can tell them to bog off till they do

 

most debts atre now sold to a dca, the original creditor should have sent you a letter saying the debt has been assigned

 

if i tell you that you owe me a hundread quid

you would say proove it

 

each cca costs a 1 pound postel order

from now on, print, never sign your name

[postggj]

Y RECORDED DELIVERY.

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY OR ANY COMPANY YOU CLAIM TO REPRESENT.

 

Dear Sir/Madam

 

Re: Ref No. REMOVED

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the Credit Agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77(6) will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a cheque in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

Yours Faithfully

[FlyboyAgain]

Is that a CCA request, above? Good grief, that's a bit heavy-handed! How can I deny a debt I already have been paying towards?? I mean, Im paying to DCAs that I know are handling my debts; how can I now refute that debt?

 

I really can't send any DCA that! They'd shoot me down in flames! IS that a CCA request? Surely sending them that would stir up a hornets' nest!

Edited March 16, 2009 by FlyboyAgain

[postggj]

this action is used to see if the dca has a right to extort money from you

 

no agreement,bog off

 

the debt is still there but cant be enforced so no jelly babies for the dca

[postggj]

on a quick note

 

how old are the debts before you were contacted by a dca

[FlyboyAgain]

Well old; 5 years or so.

 

That letter template above: it just looks like I'd be denying a debt I've been paying them for months! Need to get this really clear before I find myself in a legal wrangle.

[Monty2007]

Personally I would suggest just a basic request, along the lines of (for credit cards - I think it is best to be specific that this is a s.78(1) request):-

 

RECORDED DELIVERY.

 

Dear Sir/Madam

 

Account No:

 

This letter is a formal request pursuant to s.78(1) of the Consumer Credit Act 1974. I require you to provide me with a true copy of the Credit Agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I enclose a cheque in the sum of £1.00, which is the statutory fee.

I look forward to your response.

 

Yours Faithfully

[FlyboyAgain]

When I say well old, we had an I&E set up in 2004 with CAB and we've been updating it ourselves ever since. We paid the mortgage and secured loan at their proper amounts; the cards were paid at what CAB recommended at the time.

[FlyboyAgain]

Personally I would suggest just a basic request, along the lines of (for credit cards - I think it is best to be specific that this is a s.78(1) request):-

 

 

That looks a bit easier on the eye! This covers Scotland, yeh?

[Monty2007]

That looks a bit easier on the eye! This covers Scotland, yeh?

 

Yes, even in Scotland they have to comply with the Consumer Credit Act

[FlyboyAgain]

Personally I would suggest just a basic request, along the lines of (for credit cards - I think it is best to be specific that this is a s.78(1) request):-

 

 

Should I mention the time scale they are bound by?

[postggj]

Correct Me Flyboy

 

Are You In Scotland

 

Important