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

[FlyboyAgain]

Yes, Scotland.

[Monty2007]

Should I mention the time scale they are bound by?

 

There is no reason to remind them, they will be aware of s.78(1) and the timeframe.

[postggj]

Before The Dca Contacted You

How Long Was It That You Last Made A Payment To The Credit/finance Company

 

If Rory Is About, He Might Like To Jump In

[dx100uk]

well if you are in scotland, then statue barring comes in after 5yrs so if there are any that you have not had any monetary transaction with in the last 5yrs.

they can go swing dixie!

 

dx

[FlyboyAgain]

Before The Dca Contacted You

How Long Was It That You Last Made A Payment To The Credit/finance Company

 

If Rory Is About, He Might Like To Jump In

 

We were making regular, but reduced, payments towards the banks (they were all credit cards + two loans, I think). After a few years of getting badgered by them (and still adding on interest) the banks passed these debts to DCAs. We've been with these DCAs for between one and three yaers, depending on which account were dealing with. Thus, there have been no payments missed, other than the shortfall the banks took into account with regard to mimum payments, ie, they'd want £120; I'd be paying £10.

 

Nothing's been missed. Why do you ask when last payment made?

Edited March 17, 2009 by FlyboyAgain

[FlyboyAgain]

well if you are in scotland, then statue barring comes in after 5yrs so if there are any that you have not had any monetary transaction with in the last 5yrs.

they can go swing dixie!

 

dx

 

Please see my response above. I've always been paying something, even if it's been a reduced amount.

 

I'm sorry, but I really don't understand how applying for this CCA is going to help me.

[FlyboyAgain]

Anyone?

[dx100uk]

if the DCA does not hold the correct paperwork, they have no legal right to collect on this debt. and should not of accepted payments without it.

 

it will also tell you if the debts have been sold to the dca's or they are just 'collecting' on behalf of the OC.

 

if it is the former, then if they dont supply a signed agreement which meets the requirements, effectively the debt cannot be enforced and you can stop any payments.

 

use the search in the blue bar above and brush up about CCA requests.

 

dx

[madasamuppet]

Please see my response above. I've always been paying something, even if it's been a reduced amount.

 

I'm sorry, but I really don't understand how applying for this CCA is going to help me.

 

 

Hi, if a DCA doesn't have the correct paperwork to collect the debt then they cannot enforce the debt (i.e. take court action, makes demands for money) if it were they case that they could then everybody could set themselves up as debt collectors tell someone they owe money and get them to pay without proof.

You can ask for a copy of your agreement at any time and it is your legal right to do so and their legal right to provide you with this if they want to collect your money. If they do not have the correct paperwork that is not your problem but theirs and the original creditors for not being thoroughly with their record keeping. Once they have received your request they have 12 days in which to send you the paperwork, if after that time you receive nothing there is another letter you send telling them that this account is now disputed because they have not sent you proof of your obligation and they cannot get anymore money from you until they do provide this proof.

The advice you will receive on here from these people will be invaluable but the most important advice is not to talk to them if they phone but to tell them that from now on you want to correspond only in writing, this way you also have apaper trail and they are less likely to lie in writing that on the phone. Once you take control back from them and exericse your rights you will feel a whole lot better.

[FlyboyAgain]

Once they have received your request they have 12 days in which to send you the paperwork, if after that time you receive nothing there is another letter you send telling them that this account is now disputed because they have not sent you proof of your obligation and they cannot get anymore money from you until they do provide this proof.

 

What happens if they keep stalling; I've seen this in other, similar threads?

[FlyboyAgain]

The advice you will receive on here from these people will be invaluable but the most important advice is not to talk to them if they phone but to tell them that from now on you want to correspond only in writing, this way you also have apaper trail and they are less likely to lie in writing that on the phone. Once you take control back from them and exericse your rights you will feel a whole lot better.

 

 

I've been telling them that (about putting everything in writing) for quite some considerable time now, yet it is I who has called them when I get the 'increase' letter, telling them that I'll send an updated Fin Stat. They immediately go on the offensive when you a) refuse to pay the amount off in full (their first, idiotic request) and b) when you say you can't afford to pay any more at this stage. So, from now on I write out to them - recorded, as always - on the same day as letter lands on my mat.

 

Also, I notice that they have not replied to my letter asking them detail what their 'actions' are, and how they will enforce them. Before I joined this forum, I was seriously thinking about wiring the door-handle up to a variac transformer, to give anyone a belt that came a-calling. Is it true that they have to be 'invited' to call, cos they have also threatened 'house visits'. I'd kill them, first, before letting them in!

[dx100uk]

TBH i would ignore all the letters

by replying, you are only joining in by playing their game.

 

you need also to do a bit of reseach on what a dca can & cannot do.

 

they have NO LEGAL POWERS! neither can send door step callers without an invite.

 

if the CCA request has passed 12+2 working days, stop paying and send the bug-off letter! then ignore them!

 

dx

[FlyboyAgain]

If they have no legal powers why have they stated - verbally- that they will take the case to court for recovery of the full amount?

[dx100uk]

If they have no legal powers why have they stated - verbally- that they will take the case to court for recovery of the full amount?

 

because they are a dca and will use any tactic to make you feel threatened and pay up.

they are in it for MONEY! with no regard for the law!

 

 

they are a DCA they have NO LEGAL POWERS

 

 

dx

[FlyboyAgain]

Ok, I am gonna CCA both DCAs and will wait to see what happens. At the end of the day, though, if all is correct they can still try and take me to court, though, can't they?

[rory32]

They can still try to take you to court, yes. I would point out though that only a small percentage of accounts are taken to court. Without a compliant copy of the agreement it would be very difficult for them to obtain judgement against you.

 

The reason that they will tell you that they will take you to court over the phone is simply to intimidate you. Phone conversations can be later denied.

 

You need no qualifications to work for a DCA (well no academic ones anyway) and they certainly have no legal powers at all. They simply work in a rather sordid grubby industry whereby the phone monkeys pay comes mainly from commission on collecting payments.

 

They would like you to think that they can take you to court on a whim and by the weekend will have obtained judgement against you and the right to sell your children and family pets. The reality is very different and thankfully we live in a society where the burden of proof is always on the pursuer to prove that any debt exists and that they have the legal right to collect the debt. You are always given the opportunity to defend a claim against you and even if you agreed with the claim against you you would be able to apply for a time order based on your ability to pay. This amount that you paid towards the debt would then be set by the sheriff, not the DCA.

 

Sheriffs take a very dim view of DCA's/creditors who take people to court who are paying debts in line with their ability to pay and may in such circumstances set the amount of installments at an even lower rate, so by taking you to court the DCA may actually lose out. The DCA are aware of this.

 

If you receive any more of their rubbish about popping round to see you then I would advise that you send them the following, alternatively you can just incorporate it into the CCA request letter.

 

Dear Eejits

 

I refer to your recent correspondence.

 

I note it is your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.

 

There is only an implied license under Scots Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc. Therefore take note that I revoke license under Common Law for you, or your representatives, to visit me at my property and if you attempt to send such a collector to my home, you will also be reported for harassment and I shall seek damages for a delict of trespass. You would also be liable for conspiring in a delict of trespass by acting in defiance of my instructions and sending someone to visit me nevertheless. Should it be necessary, I will obtain an interdict from the Court to prevent you carrying out your threat.

[dx100uk]

well said rory, and welcome back

 

dx

[FlyboyAgain]

Ok. Many thanks for everyone's' input. I'll let the forum know how I get on with the CCA requests.

[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):-

 

I think there are two loans as well; what sections should they pertain to? I'm just about to do my drafts and don't want to leave anything important out that the DCA will notice I've forgotten. 78(1) pertains to credit cards, yes? So, which section to loans, or am I misunderstanding it all? I'm having a bit of a time trying to tack down these sections of the act!

Edited March 20, 2009 by FlyboyAgain

[FlyboyAgain]

Sorry, folks, does the 78(1) request involve loans as well?

[postggj]

Any Cca Request

I Do S77-s79 Of The Cca

[rory32]

does the 78(1) request involve loans as well?

s77(1) would apply to a loan.

[FlyboyAgain]

Ok, Here's my draft. which encompasses both the cards and the loans:-

I hereby make a formal request for a copy of the signed, executed credit agreement for the above numbered xxxxxxxxxxxxx account under section 77(1) and section 78(1) of the Consumer Credit Act. In addition a statement of my account should have been sent along with any other document mentioned in the credit agreement.

 

The Consumer Credit Act allows 12 working days for this request to be carried out before your company enter into a default situation.

I enclose the statutory fee of £1 for information requested.

 

 

That ok?

[rory32]

That's fine.

[FlyboyAgain]

OK, Will post back re outcome.

 

Thx for everyone's help so far!