Paying back various amounts to DCAs - should I?

[clemma]

 

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

[clemma]

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

[clemma]

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

[clemma]

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

[clemma]

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.

 

 

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.....

[clemma]

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.