DLC, snooping around advice needed

[Gaznkaz08]

we owe DLC 800ish from a barclays bank account overdraft x2 (was a current acc and bills acc) , we currently pay £10 pcm x2 every 6 months when they've phoned up to increase the amounts we have done by a few quid, never missed a payment never argued

 

now i've had a call today saying they need some more info as they are preparing litigation for a ccj as we're not paying it off quick enough

 

and they've been looking at our credit file and noticed we've spent a lot on my credit card this month (it's a vanquis i got just to try and get the file looking a bit better) which boils down to 4 new tyres and car insurance etc

 

and now they want a new financial statement as they haven't had one for 2 years and also proof of what we have spent the money on recently if it goes to court

 

 

can they do this ?any advice what we do next

[dx100uk]

stop talking to them on the phone!

 

request everything in writing only.

 

they will chance their arm, with idle threats esp on the phone which they will not repeat in writing.

 

ignore them.

 

now, the I/O sheets

no-one bar a court of law can demand these, your money is YOUR business not theirs tell them to b*gger off.

 

dx

[Gaznkaz08]

stop talking to them on the phone!

 

request everything in writing only.

 

they will chance their arm, with idle threats esp on the phone which they will not repeat in writing.

 

ignore them.

 

now, the I/O sheets

no-one bar a court of law can demand these, your money is YOUR business not theirs tell them to b*gger off.

 

dx

 

we were thinking about doubling both payments to 20 a month to try and put off any court action

 

are they likely to take us to court?

[dx100uk]

no. its just a threat get it in writing.

 

if and a very big IF it ever went to court the judge would laugh it out the door, you have been making a resonable payment to suit you financial needs. he would prob assign a LOWER payment.

 

how old is this debt etc. give us a bit of history.

 

dx

[PGH7447]

and ask them who gave them permission to look at your credit file

[dcakiller]

You should only pay what you can afford, remember a court would ONLY make you pay what you can afford not what dlc want and aslong as you pay what the court orders they can NOT send bailiffs round, arrest wages or bank acounts. So I think it is unlikely they will take you to court as chances are you will be ordered to pay them less each month. As for giving them £20 per month only do this if you can afford it but beware if you do so they will only mark your file and demand more in a few months.

[jon888999]

we were thinking about doubling both payments to 20 a month to try and put off any court action

 

are they likely to take us to court?

 

Don't double your payment, I used to do that with DLC, all it does is encourages them. Be firm with them, don't talk them on the phone. I stopped paying DLC on the 1st of January and all there threats have been just that. Now they are quiet. Mines a credit card though, I CCA'D them they sent me a poor copy so I disputed it. They said they were happy to rely on the original in Court. So I offered to visit there offices to examine the original which they would require in court and surprise Surprise that was the last I heard from them.

[Gaznkaz08]

the debt itself is from an account that was run until 2004, basically had 2 accounts 1 day to day running and a bills one both with 250 OD limit

 

got ourselves into a right mess and bailed on them leaving them both around -1000 and -800

 

we started getting ourselves back on track 2006 with the help of CAB

 

set up nominal paymets on each, took us over a year to get the debts sorted as the accounts were joint they were chasing both us for both of them, so now i have the larger one in my name and the wife has the lesser one in hers

 

everytime they phoned for the 6 monthly review we upped the payments slightly now at about 800 and 600

 

to be fair our situation has improved slightly which is why we have upped the payments for them (and all the others as there are quite a few)

 

now we're just a bit worried with them mentioning court and wanted to know how to play it

[Gaznkaz08]

and ask them who gave them permission to look at your credit file

 

 

more info please, can't anyone look at it?,

 

we have letters from them saying they now own the account, do we need to ask for a letter of assignment or would that be it?

[Gaznkaz08]

can someone elaborate on weather a dca can just look through your credit file when ever they want

[PGH7447]

No they cant, they must have either a signed credit agreement or you give them permission, also complain to the CRA

[Gaznkaz08]

No they cant, they must have either a signed credit agreement or you give them permission, also complain to the CRA

 

 

righty ho, will do that right now, many thanks

[Gaznkaz08]

just thought how do i know which cra to complain to, which one they've been nosing through

[Gaznkaz08]

No they cant, they must have either a signed credit agreement or you give them permission, also complain to the CRA

 

 

right i've just phoned DLC to ask them if they could confirm everything we discussed this afternoon in writing

 

they are allowed to look at my credit file whenever they want as the account is defaulted? True/False

 

if i won't do them a financial statement then they will no longer accept the nominal payments ad pursue it through the courts

 

when pressed on the credit file issue she says they didn't have to put it in writing as they are allowed to look

 

but she is going to put something in writing so watch this space

[dx100uk]

put the court thread right out of your head

its a threat ... that is all dca's can do.

they have NO LEGAL POWERS.

 

now, i'd SAR them and see if they have a notice of assignment for BOTH these debts. cause i BET these were written off by the OC years ago, and any money you are paying now is solely going into the DCA's pocket.

 

dx

[dx100uk]

STOP PHONING THESE LEECHERS

they will tell you anything to get money out of you!!!

 

 

 

oh and untter rubbish about they can because the A/C is defaulted!!

 

what garbage they've got you well hooked.

 

pers i'd stop payment and SAR them.

 

dx

[Gaznkaz08]

put the court thread right out of your head

its a threat ... that is all dca's can do.

they have NO LEGAL POWERS.

 

now, i'd SAR them and see if they have a notice of assignment for BOTH these debts. cause i BET these were written off by the OC years ago, and any money you are paying now is solely going into the DCA's pocket.

 

dx

 

 

i've got a notice of assignment for one of them, is that bad?

[dx100uk]

yep

can you scan and post it up removing pers info via photobucket?

 

dx

[Gaznkaz08]

yep

can you scan and post it up removing pers info via photobucket?

 

dx

 

 

gimme 2 mins

[Gaznkaz08]

here you go, why's it bad?

 

[dx100uk]

ok well that means that they have per to search your file for a start the legally own the debt.........but...

 

IT'S GOOD NEWS EVEN MORE.........barclays have no interest in you...it ended when they sold it

 

AND....

 

it means they would have brought the debt for peanuts, from 5-20% of it's face value.

 

what does that mean? well total up all you have paid, and get back to me.

[see where i'm coming from]

 

everything you've paid to them is clear profit once they have made what they brought it for, they could keep you going for years.

 

i doubt very much at all that they will go anywhere near a court to enforce any more payments, would cost too much.

 

someone else might be able to ans this , but i doubt any DCA has ever taken anyone to court on this?

 

might be wrong.

 

lets see

 

 

dx

[Gaznkaz08]

ok well that means that they have per to search your file for a start the legally own the debt.........but...

 

IT'S GOOD NEWS EVEN MORE.........barclays have no interest in you...it ended when they sold it

 

AND....

 

it means they would have brought the debt for peanuts, from 5-20% of it's face value.

 

what does that mean? well total up all you have paid, and get back to me.

[see where i'm coming from]

 

everything you've paid to them is clear profit once they have made what they brought it for, they could keep you going for years.

 

i doubt very much at all that they will go anywhere near a court to enforce any more payments, would cost too much.

 

someone else might be able to ans this , but i doubt any DCA has ever taken anyone to court on this?

 

might be wrong.

 

lets see

 

 

dx

 

 

i think we've paid them £262 of both

 

one was £1088 the other was £761

 

i'm pretty sure the original od was only 250 on both (it's along time ago) so the rest is all charges

[PGH7447]

although they bought the account, this is a bank account yes, so does that give them the right to arbitarliy search your credit file?

 

a credit card / loan yes because that is part of the agreement, nut not sure on bank accounts

[Gaznkaz08]

although they bought the account, this is a bank account yes, so does that give them the right to arbitarliy search your credit file?

 

a credit card / loan yes because that is part of the agreement, nut not sure on bank accounts

 

 

yep its a bank acc debt so i have no idea if they can or can't search at will, and ask me to prove what i've spent on my credit card in the last month

[dx100uk]

they have no authority to demand anything off you.

 

i'd ignore them now and stop paying

 

they've had ebough of your money and will go nowhere near a court.

 

dx