What to do when a new DCA takes over an existing account.

[pinnate]

Over the past few years I've had several credit card debts taken over by a different DCA all of whom have just arbitrarily increased the amount I supposedly owe. I understand from this site that they pay minimal amounts for the debt. So surely this massive increase in the debt is illegal?

 

I've now paid off all but two of my cards (with a much reduced percentage of the debt owed) and just as I was hoping to pay off the final one, the card (Sainsbury's) has just been taken over by CapQuest who've loaded more interest on to it and refuse to accept my re-payment offers let alone my settlement offer.

 

My questions are:

1) To what extent are new DCAs obliged to take into account sums of money already paid on the account and/or to accept the existing re-payment plan?

2) Are they entitled to load on any old lump sum of interest thus jacking up what you already owed by hundreds of pounds?

3) To what extent are they obliged/or likely to follow the percentages negotiated with other DCAs when I paid off the accounts?

 

Thanks

[jimbo45]

Hi there

If its Crappyquest just refuse to acknowledge the debt -- demand the CCA and their right to collect the debt.

 

Just because a DCA says it has "acquired" the debt doesn't automatically mean they have the right to collect it.

 

After all we know how "honest" DCA's are don't we.

 

You could also tell Crappyquest or whoever it is that the debt is ALREADY in dispute with a previous DCA so they have no right to collect it until the dispute has been settled.

 

Chances are that the previous DCA won't have any paperwork to either prove or disprove that the debt is in dispute. It doesn't actually matter if you have made some payments in the past either.

 

This at least will put the debt back into dispute which will freeze interest and any other "Fees".

 

Hopefully someone with a better understanding of the law can give you guidance on what to do next.

 

Cheers

jimbo

[Hardupnotfedup]

CCA them to see if they are entitled to collect this alleged debt.http://www.consumeractiongroup.co.uk/resources/templates-library/86-debt-collectors/581-cca-request-letter

£1 postal order and do not sign it. they have 12+2 days to comply with your request.

No agreement = no interest no payment if you wish and a good position to offer a very very low F&F offer.

[fuzzybobble]

Also ask for a full statement of the account, as this will show up where any unlawful charges have been added.

[pinnate]

Thanks. I'll try the CCA route but CapQuest have just taken over from Sainsbury's whose card it is so in this case I'm not sure I can challenge their right to collect. I even had a letter from Sainsbury's saying that they were transferring it to them.

 

It's come jsut as I was offering all my DCA's a settlement but two of them (CapQuest & Cabot) refuse to negotiate anything. I've been round this route for years with other DCAs but I'd now just really like to get things off my back.

[PGH7447]

you can challange any of these fools, send them a cca and have done with them, also demand a statement of account. if they wont provide one then send sainsburys a sar and demand all account history