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

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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?






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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

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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

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