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blueboy6970

Quick couple of DCA queries

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Hi Guys

 

My OH has a number of defaulted Ccards which she has been paying off a little per month, I'm now trying to help see if they are enforcible.

 

I know I need to send a CCA request to each DCA, but if she doesn't have the original account number, can I use their account number to request it?

 

Also whats the deal with when a DCA buys a debt, is it just the total amount owing at default stage that is legally payable, or can a DCA add their costs/interest etc?

 

Thanks

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Hi Blueboy not sure about the last paragraph, but when you CCA the DCA use their reference number that they put on the letters they send out to your missus. Someone else will be along to have a look, I'm sure to give you the correct answer on the default stage, costs and interests bit. I don't quite understand Defaults myself. PM


IQOR (the OH) - No CCA, gone away.:madgrin:

Simply Be (the OH) - No valid CCA, gone away.:madgrin:

HSBC Loan - No CCA, not gone away but who cares, they have nothing.:madgrin:

HSBC Overdraft - No CCA, not gone away but who cares, they have nothing.:madgrin:

LTSB Loan and Overdraft (the OH) - AID, awaiting result on PPI and Bank Charges complaint.

Vanquis - No CCA, gone away.:madgrin:

MBNA CC - No CCA, awaiting DSAR outcome.

MBNA Loan - awaiting DSAR outcome.

Capital One (the OH) - No CCA, gone away.:madgrin:

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Hi.............send CCA to each DCA,they usually do not supply all the info within the 12+2 days they are allowed,so put the account in dispute by using the Cag site letter............if any debt has been sold to a DCA the OC and the DCA are obliged to inform you that the account has been sold/purchased if they have not done this they are ignoring OFT and ICO guidelines,the debt purchaser can add further interest,just remember the debt has been purchased for a very small amount this makes a Full and Final settlement to the debt purchaser (if possible) an attractive option,however get the CCAs underway first,more info regarding each debt and who with and which DCA involved would be useful.............any PPI payments involved????????????.......FS

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Just to correct a minor mistake,

A DCA 'CANNOT' add their own interest or charges, even if they have bought the debt in it's entirety under the law of property act, the ONLY interest and charges they can add, are those under which you first had an agreement with ie, when you first signed the agreement with the original creditor (OC) and any charges & interest they stated in that agreement can be added.

 

However as the majority of DCA's are only acting on behalf of their clients, they will not be able to add their own charges.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Thanks BB, so in theory if the defaulted amount id say £2k, then the DCA can only "legally" reclaim £2k after they purchase it?

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Technically yes, the fact they can recover the amount 'legally' is another matter entirely.

 

But in laymans terms, if you have a debt of £2k with X, and X sells it to Y, Y cannot then add their own charges as no legal contract between you and Y exists.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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thanks, thats what i needed, now I can start to try and kick some DCA butt :)

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Who has been adding their own charges then?

 

Typically, if you keep an account of payments and the exact amount you have paid to the debt in question, once you have paid the debt, any charges they have added you can just ignore, and state to them very clearly that they MUST take you to court and let a judge decide if you are to pay these charges.

 

To my knowledge no-one has ever been taken to court for non payment of a DCA's unenforceable charges, there simply is no contract that you would have signed stating that you agree to them adding anything to your account.

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Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Thanks BB

 

Not sure yet, just getting things straight in my head.

 

Its my OH debt from before I met her, so not sure what may/may not have been done.

 

Thanks for the help, I'm sure I'll be back when I have some other queries.

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