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Help with first dealings with a DCA


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I sent off my CSSS letters to my creditors by registered mail. I had loads of telephone calls from them but no recognition of the letter beyond asking who my other creditors were.

 

I Just kept getting defualt notices from one company, but I thought they had accepted my DMP when I began sending token payments.

 

Work looked like was picking up , so to be scrupiouly fair ,I recalculated the amount I could afford to pay back , sent them more registered letters because I took and average of what I had been earning and offered to increase the monthly payment from £1.00 each to nearer £25.00. (Yep, probably nieve of me ,I know ,but it felt like the right thing to do at the time.)

 

It all went quiet for a week or so then, I got a letter from a DCA demanding full and final settlement of one of the outstanding amounts with seven days.

 

What is the best response to a DCA first letter demanding full settlement.

 

Should I go back to the CSSS and get them to make out a revised budget plan rather than trying to do it myself?

 

What do I do in this situation?

Edited by roofovermyhead
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depending on the type of debt you can make a cca request which will at least stall them untill they complete it, this also has the advantage of the dca can not request payment, and charges or intrest,or pass it to another dca.

Edited by dcakiller
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Hi a DCA/creditor can demand what they like the only person that has the authority to make the amount you pay a requirement is a court judge. You can adjust the amount you pay per week/month to reflect your circumstances at any time and DCA/creditor can take a hike. Also if they do take you to court then the judge decides what you can pay and DCA/creditor cannot change that, though some do try.

 

dpick

cannot find it A to Z

 

http://www.consumeractiongroup.co.uk/forum/consumer-forums-website-questions/53182-cant-find-what-youre.html

 

 

Halifax :D

Paid in full £2295

 

MBNA:mad: 20/03/2008 settled in full out of court

 

Capital One:D

07/07/2007 Capital one charges paid in full £1666

19/01/2008 recovered PPI £2216 + costs

 

Littlewoods :-D

12/08/2007 write off £1176.10 debt.

 

JD Williams charges refunded in full £640

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  • 2 weeks later...

Hi, thanks for the CCA request advice. I CCA'd them and they have sent a copy of the original agreement. So I guess this means the debt has been passed on to them. The agreement was written after 2007 , so I should assume this means it is enforcable?

 

What can I expect the DDCA's next move to be?

 

I had tried to set up a DMP with the original creditors based on a budget plan worked through with CCCS . All my letters , sent registered, were ignored, or responded to in a round-about way, and I got a flurry of default notices, and a non-stop telephone.

 

In a way I would be happy to go to court with this because I think a court judge would have to power to enforce a DMP based on my circumstances.

On the other hand, is it worth contacting a DMP company and getting them to set fair terms and conditions, to pre-empt a court appearence?

 

Also, if we did end up with a charging order on our home, can this in any way be used to force reposession, before a date we find acceptable to put our house on the market? We have one young person under 18 who has just started college and I don't want the disruption to that persons life, We have a parent who is terminally ill as well ,and we need to stay put until the human side of things is worked through. After that I want to move, but not yet!

 

Thank you so far for your advice.

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If anyone had had experience of this would you please let me know what the opening move of a DCA is likely to be? Is there something I should be writing to them following their production of the CCA?

 

How many days are there before we can expect their preliminary moves . I guess their efforts will be to get me into a position favourable to themselves.

 

Should I keep paying them the amount suggested by the CCCS?

 

How long is it before they can bring court action?

 

Would anyone here be able to look over the CCA and see if it is likely to be enforceable?

 

Can they repossess anything before court action?

 

"Little bit" worried about this. Please let me know what to do for the best

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How many days are there before we can expect their preliminary moves . I guess their efforts will be to get me into a position favourable to themselves.

 

1. Should I keep paying them the amount suggested by the CCCS?

 

2.How long is it before they can bring court action?

 

3.Would anyone here be able to look over the CCA and see if it is likely to be enforceable?

 

4. Can they repossess anything before court action?

 

"Little bit" worried about this. Please let me know what to do for the best

1. if you can afford what you are paying and the cca is enforceable

2. they won't if you are paying and if they did chances are the courts would take an extreme view of it

3. they hardly ever take court action

4. they cannot reposses without a court order, they cannot get a charging order until they have a ccj AND you have not paid them any money

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if you look at the letters they send you they are nothing but threats..we may take.. etc etc. they CANNOT DO ANYTHING only a court can and you are a long long long way from court yet

also if you post up agreement removing all personal details so you cannot be recognised someone will check the validity of the agreement for you

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