Jump to content
Honeypot

Once a DN has been breached can the DCA/OC continue adding to the balance?

style="text-align:center;"> Please note that this topic has not had any new posts for the last 3606 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hi

 

If you receive a DN for a credit card and it says outstanding balance is, lets say £5000 and you dont rectify the breach and the account gets passed to a DCA to try collect should the amount outstanding be £5000?

 

i.e. once you've breached the DN and broken your agreement then thats what is owed?

 

Thanks

 

Vicky

xxxx

Share this post


Link to post
Share on other sites

Within the contract between the DCA and the OC there will be provision for the DCA to add 'reasonable' charges (notice how that word keeps appearing), however, any such provision should be contained within either the original agreement that the debtor signed OR within the T&Cs that were provided at the time credit was obtained. I cannot remember the exact wording but it is normally in the same paragraph where they set out how they will share your information with 'other agencies'.

 

If there is no such provision regarding 'additional charges' then there is no basis to allow the DCA to add charges.

 

Just to be clear, a DCA CANNOT add charges if the OC cannot prove YOU the debtor agreed to be bound by such 'terms & conditions'.

 

If a DCA is adding charges or fees to your account, write a letter to the OC requesting information regarding the assignment of such a 'right' and request written proof that you agreed to be bound by such terms.

 

If the DCA has purchased the debt from the OC, send the letter to the DCA direct requesting on what legislative grounds they believe they can add charges or fees to the account.

 

I have asked this question many times to Cabot, but as yet they have failed to answer or supply any documentary evidence

Share this post


Link to post
Share on other sites
Guest HeftyHippo

until they end the agreement, it is still in force, simply you getting into arrears and them issuing a DN doesn't change anything

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...