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Paying back various amounts to DCAs - should I?

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Hello,

 

Posted on here yesterday re a debt for an unsecured loan and had great advice. Looks like this may fall under 'Statute Barred'.

Also posted in the bank section re bank charges / DCA repayments for overdraft.

 

I now realise that I should have come here, rather than begin to pay back these debts to random DCAs through panic. (Most of them threatened court action, house visits, asset seizure etc, I have a young daughter & wife at home and admit to panicking and setting up monthly payments). How I may rue this decision.

 

I took the angle of thinking - I took out the debt, and although they were taken out for business purposes, they were in my personal name. I had a gentleman's agreement with the other partner re repaying most of these, but it never materialised - some debts were run up trying to keep a failing business afloat, I dont have anything to show for the money unfortunately.

 

I moved abroad shortly after defaulting and did not hear anything for many years.

 

Anyway, I have now stumbled across this magnificent resource and would like advice. All debts were initiated in Scotland, as I lived there at the time, moved to England 3 years ago. The full breakdown of debts is detailed -

 

Debt type | Debt Amount | Date of default | Date of first payment to DCA | DCA repayment Amount |

 

Loan | 26000 | May-03 | None - written to in June 09, replied quoting Statute Barred | No payment schedule

Loan | 15000 | May-03 | Feb-08 | 40

CC | 2600 | Dec-03 | Nov-07 | 40

O/Draft | 480 | Oct-03 | Dec-08 | 25

CC | 5200 | May-03 | Oct-08 | 50

CC | 4500 | Nov-03 | May-09 | 60

CC | 4500 | Sep-03 | Aug-08 | 40

CC | 5500 | May-03 | Nov-07 | 40

Loan | 15500 | May-03 | Sep-08 | 50

 

 

I would be grateful for any advice. After reading on this excellent forum, I am wondering if I have any options. I have never written to any DCA except today with the letter template re statute barred I got from this site, all dealings were on the phone.

Questions I have -

 

1. Will any of them fall under Statute Barred (5 years from originating in Scotland).

2. Can I realistically send them letters now asking for CCA proof?

3. Can I lower these payments, as £345 a month is getting quite a lot.

 

I am prepared to fight these now, as I am increasingly geting hacked of at paying these for debts I got no benefit from.

I am also prepared to pursue any necessary action to resolve in my favour.

 

Thanks in advance for any advice.

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1. Will any of them fall under Statute Barred (5 years from originating in Scotland).

 

If you are still in Scotland now then the 5 year rule will apply BUT only if there has been a clear period of 5 years where you have made no payment or acknowledged the debt in writing. If you have continually made payments, then these are NOT statute barred.

 

2. Can I realistically send them letters now asking for CCA proof?

 

You can request a copy of your CCA's at any time - it is your right ;)

 

3. Can I lower these payments, as £345 a month is getting quite a lot.

 

A DCA has no powers to tell you what YOU must pay, only a court can do that. Write to them (NEVER EVER talk to them on the phone) and tell them how much you are going to be paying them in future. If they don't like it - TOUGH! However, send off them CCA requests - start separate threads for each of your creditors. If and when they send something back - post it on here. If they are unenforceable, then you can either stop paying them all together OR offer them a full and final settlement.

 

Hope some of this helps :)


:)I am not an expert, but I can give good advice about Brighthouse:)

 

Am learning more and more about DCA's too :)

 

I have no legal experience and all advice given is based on the knowledge I've gained from this site.

 

<------If you think I have been helpful, please feel free to tip my scales - remember to put your CAG name though!

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If you have made a payment, promised to make a payment or acknowledged the debt in any other way in the last 6 years (5 Scotland) then they will not be stat barred.

 

As for making a revised payment. As low as £5 a month will still show a court you were/are willing to pay and the DCA's no matter how much they threat will unlikely take it further. This will lower you outgoings to them to around £45. £300 less than what you are paying now!

 

All this applies to unsecured loans.

 

Sleep well!

Edited by Coasters

And the latest score is...

 

DCA's 0 v Coasters 2

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Thanks for the above, I guess since I have paid something to all apart from the most recent one then they are not Statute Barred.

I will send off CCA requests tomorrow.

I am paying by DD - how will this get amended, will they do it if I write and tell them I need to lower the payments?

 

Thanks again, you have no idea how appreciative I am.

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CANCEL those DD's ASAP!!! Pay them if you must, but by standing order only. Then you, and only you have control of the payments that are leaving your account. If you set up standing orders then YOU get to chose the amount you want to pay, and not the other way round.

 

If they refuse to allow you to pay this way, then ask them for payment slips (you must have a few of them already, as they don't half like sending letters out with them attached). Pay them what YOU want.

 

First thing tomorrow, phone the bank, cancel them Direct Debits :)


:)I am not an expert, but I can give good advice about Brighthouse:)

 

Am learning more and more about DCA's too :)

 

I have no legal experience and all advice given is based on the knowledge I've gained from this site.

 

<------If you think I have been helpful, please feel free to tip my scales - remember to put your CAG name though!

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CANCEL those DD's ASAP!!! Pay them if you must, but by standing order only. Then you, and only you have control of the payments that are leaving your account. If you set up standing orders then YOU get to chose the amount you want to pay, and not the other way round.

 

If they refuse to allow you to pay this way, then ask them for payment slips (you must have a few of them already, as they don't half like sending letters out with them attached). Pay them what YOU want.

 

First thing tomorrow, phone the bank, cancel them Direct Debits :)

 

Wow - the best news I have heard in months!!!!

 

Does anyone know of a standard letter I can send advising DD cancelled and asking for bank details for setting up £5 per month SO?

 

This has made my month, if not year!!!

 

Thanks again.

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I agree only ever using standing orders only, this way the cretins to not have a key to your account.

 

If you can do it online, hell do it now!


And the latest score is...

 

DCA's 0 v Coasters 2

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Wow - the best news I have heard in months!!!!

 

Does anyone know of a standard letter I can send advising DD cancelled and asking for bank details for setting up £5 per month SO?

 

This has made my month, if not year!!!

 

Thanks again.

 

Just send them a letter along the lines of (it's better you write in plain English, as some fail to grasp long words ;))

 

Dear Sir/Madam

 

Account number:

 

Please be advised that the Direct Debit for the above account has been cancelled. Could I ask that you forward to me, by return post, account details for (DCA) so that I can set up a standing order.

 

Yours etc.

 

Don't tell them at this point how much you will be paying them, as they will really drag their heels then.......they do get upset a little easy ;)


:)I am not an expert, but I can give good advice about Brighthouse:)

 

Am learning more and more about DCA's too :)

 

I have no legal experience and all advice given is based on the knowledge I've gained from this site.

 

<------If you think I have been helpful, please feel free to tip my scales - remember to put your CAG name though!

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I agree only ever using standing orders only, this way the cretins to not have a key to your account.

 

If you can do it online, hell do it now!

 

I don't want to 'default' on my repayments by DD though - or should I not be worried about this?

 

I would imagine I should, send letters off for CCA & advice lowering payments (2 separate letters per account). Then cancel DD and re-setup as SO?

 

What action are they likely to take? would they go for court action?

 

Thanks for the continued replies.

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lol, that they do clemma!

  • Haha 1

And the latest score is...

 

DCA's 0 v Coasters 2

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I don't want to 'default' on my repayments by DD though - or should I not be worried about this?

 

I would imagine I should, send letters off for CCA & advice lowering payments (2 separate letters per account). Then cancel DD and re-setup as SO?

 

What action are they likely to take? would they go for court action?

 

Thanks for the continued replies.

 

Have you looked at your credit file recently? You might find you have already been defaulted, I would not worry about anything other than getting the DD cancelled personally.

 

They are unlikely to press for court action but are very likely to threaten it, the two of course are very different. If they do the court will take a dim view as you would have been paying something rather than nothing (even the lower payments which you are unable to maintain).

 

Of course you could try and reduce the debt further by chasing late payment fee/ overlimit fee's and overdraft fee's as well but that's another angle.


And the latest score is...

 

DCA's 0 v Coasters 2

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I don't want to 'default' on my repayments by DD though - or should I not be worried about this?

 

I would imagine I should, send letters off for CCA & advice lowering payments (2 separate letters per account). Then cancel DD and re-setup as SO?

 

What action are they likely to take? would they go for court action?

 

Thanks for the continued replies.

 

Hmmmm - it's a choice only you can make I'm afraid. I chose not to continue make any payments to the 2 DCA's I had problems with, but my credit file is shot anyway - a couple more defaults is not going to make any difference.

 

Send the CCA letters, the letter asking for SO details and continue making payments until they default on your CCA request. When and if they do, then it's a moral decision for you to make as to whether you stop payments altogether. They are not supposed to continue any enforcement action on your accounts whilst it is in dispute - but these are the low of the low we are talking about here - so they will anyway.

 

They will only go for court action if they think they have a HUGE chance of winning. An unenforceable agreement means they cannot take this through the courts. If it is enforceable, and they do take you to court, then only a judge can decide how much you should pay each month. If you have hefty outgoings, and are left with very little each month, then that could be as little as £1 a month ;)


:)I am not an expert, but I can give good advice about Brighthouse:)

 

Am learning more and more about DCA's too :)

 

I have no legal experience and all advice given is based on the knowledge I've gained from this site.

 

<------If you think I have been helpful, please feel free to tip my scales - remember to put your CAG name though!

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Just send them a letter along the lines of (it's better you write in plain English, as some fail to grasp long words ;))

 

Dear Sir/Madam

 

Account number:

 

Please be advised that the Direct Debit for the above account has been cancelled. Could I ask that you forward to me, by return post, account details for (DCA) so that I can set up a standing order.

 

Yours etc.

 

Don't tell them at this point how much you will be paying them, as they will really drag their heels then.......they do get upset a little easy ;)

 

 

Clemma, thank you for that!

 

I have now cancelled 6 DD!!!!

I actually pay 2 by SO already. I have amended these 2 SO to £5 per month. I guess I should write to them advising that I have changed the amount to £5 now!

 

Man, I feel a lot better. Thanks to all for the prompt replies.

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Clemma, thank you for that!

 

I have now cancelled 6 DD!!!!

I actually pay 2 by SO already. I have amended these 2 SO to £5 per month. I guess I should write to them advising that I have changed the amount to £5 now!

 

Man, I feel a lot better. Thanks to all for the prompt replies.

 

:D

 

Nice one!! Yep, feel free to send them a small letter advising them of the change of payment. No need to explain much to them really........basically just tell them that your outgoings now surpass your incomings (they have no right to ask for this info by the way) and that you MUST pay your priority bills first.....;)


:)I am not an expert, but I can give good advice about Brighthouse:)

 

Am learning more and more about DCA's too :)

 

I have no legal experience and all advice given is based on the knowledge I've gained from this site.

 

<------If you think I have been helpful, please feel free to tip my scales - remember to put your CAG name though!

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If you are paying anything & it hasnt been authorised by a county court - then you shouldnt be paying anything at all & i would advise you to stop, demand full refund & report your DCA's to the OFT/trading standards.

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OK, I have written CCA requests for all DCA's, will send them recorded delivery on Saturday.

I have also cancelled the 6 DD, and have written letters explaining this and requesting SO details by return post. These will be send recorded delivery on Saturday also.

 

I now have to write to the 2 DCA's who I currently pay by SO, as I have changed these to £5 per month.

Anyone with an idea for a draft letter? Should I explain that the payments have changed as I am disputing the legality of the debt?

 

Thanks again for your invaluable help.

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Also, some of the DCA's have my number, if they call do I even have to confirm my name / address or can I inform them straight away that they need to contact me in writing? I guess then send them the letter re no calls?

Thanks.

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wait a mo,

 

you have wrote

 

default for overdraft oct 03 payment dec 08

cc may 03 - oct 08

cc nov 09 may 09

loan may 03 - sep 08

 

was there any payments made in between these dates?

 

 

ida x

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wait a mo,

 

you have wrote

 

default for overdraft oct 03 payment dec 08

cc may 03 - oct 08

cc nov 09 may 09

loan may 03 - sep 08

 

was there any payments made in between these dates?

 

 

ida x

 

Hi Ida, no, there was no acknowledgement or payments until those dates. These dates specified represent when I started paying monthly payments to the DCA's.

 

Thanks for replying.

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from post 1:

 

1. Will any of them fall under Statute Barred (5 years from originating in Scotland).

 

Do you still live in scotland? if so they ones are statute barred

 

ida x


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from post 1:

 

1. Will any of them fall under Statute Barred (5 years from originating in Scotland).

 

Do you still live in scotland? if so they ones are statute barred

 

ida x

 

 

Hi Ida,

 

I live in England now, sorry should have said that!

 

Thanks.

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see you should have stayed up here ;)

 

hopefully you'll get somewhere with the cca requests

 

ida x


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OK,

 

Starting to get a grip on all of this stuff. (I hope)!!!

 

 

  • I have sent off CCA requests to all CRA's, recorded delivery on Saturday.
  • Thats 8 in total, took ages at the Post Office for the postal orders & recorded delivery slips, ha ha!.
  • Have also sent 6 DD cancelled letters to CRA's and asked for SO details.
  • The other 2 I already pay by SO, so sent them a letter advising payments down to £5 PM due to current financial circumstances.
  • Also sent the Statute Barred letter off to Wecot re the Lombard loan.

 

I will start threads for all debts / CRA's and will update these as required.

 

 

To recap, I have never, ever had to sign for a letter from a lender or a CRA. I have never received any 'notice of assignment' in the post, or Statutory demand.

 

I have also just viewed my credit report, and I only have 7 entries on here for defaults, all in 2003/2004. Some of these organisation names I don't recognise though, I would imagine thats due to 1 CRA buying my debt and another pursuing it, right?

Would some of them haven fallen off already, by any chance?

If anyone on here knows how to make sense of these credit reports, I will gladly send onto them to see if anything is amiss.

 

Apart from sending off the CCA requests, SO detail requests and revised payment notifications, is there anything else I should be doing right now?

 

Thanks for taking the time to read and thanks in advance for anyone kind enough to reply.

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Nope - looks like you have it all under control. You will more than likely receive letters from the DCA's telling you they have requested the information from the OC. As for Wescot - if they write back to you, let me know. Once you have told them something is statute barred they shouldn't write to you again. If they do, then it's time for a bit of cheek.......like telling them you are going to charge them for any further responses you have to make to them ;)

 

Good luck with it all - I am following this thread, so as soon as you start a new one, put the link on here so I can take a look.

  • Haha 1

:)I am not an expert, but I can give good advice about Brighthouse:)

 

Am learning more and more about DCA's too :)

 

I have no legal experience and all advice given is based on the knowledge I've gained from this site.

 

<------If you think I have been helpful, please feel free to tip my scales - remember to put your CAG name though!

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Nope - looks like you have it all under control. You will more than likely receive letters from the DCA's telling you they have requested the information from the OC. As for Wescot - if they write back to you, let me know. Once you have told them something is statute barred they shouldn't write to you again. If they do, then it's time for a bit of cheek.......like telling them you are going to charge them for any further responses you have to make to them ;)

 

Good luck with it all - I am following this thread, so as soon as you start a new one, put the link on here so I can take a look.

 

 

Hi Clemma,

 

Thanks for the feedback, really appreciative.

I will update this thread whenever I hear anything back.

I will also create new threads tonight for all lenders/CRA's - links will be put in here.

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