DCA Help

[Yam950]

Hello everyone. Ive been reading these forums for some time and have picked up some really great tips and advice. I now find myself needing some advice on a matter thats ongoing at the moment.

 

About 3 years ago i had a letter from a debt collectors saying i owed a bank around £2000 and threatening to make me bankrupt is i didnt. I called the DCA (stupid i know) because i did not know any better. The man on the phone was quite pushy and a bit mean and said I had to pay or else i would be made bankrupt. I thought at the time it must be right as i had had an account witht his bank a few years ago so i made an arrangement to pay.

 

At the start of this year i had read things on here that made me question the validity of this debt as the DCA had not sent me anything to prove it was so i wrote to them. I got a letter back saying that they could not provide me with a copy of the orginal credit agreement or statements relating to the account in question because the lender cant provide them with one. They say that taking into account the opening date and default date they beleive it was highly unlikely it be statute barred, and that they can confirm the opening date was 27th March 2002 and the default date was 26th June 2003. They also say that the first payment i made to the debt to them was 30th July 2008 so for it to be SB my last payment should have been before 29 July 2002.

 

I thought the account i had was a lot older than that.They say they dont understand the logic of me telling them i paid because i was scared they would make me bankrupt and i was frightened by their letter (which i was or else i wouldnt have rung them) They ask why i didnt raise a dispute at the time if i beleive i dont owe the debt. I did not know any better at the time though and thought they must be right.

 

They said they have reverted back to the bank for confirmation of the last date of payment and will get back to me - the letter is dated the end of april and says final response on it.

 

I have not heard anything until today when i got a text asking me to bring my account up to date. i called them and the man oin the phone said i had stopped payments and asked when i would resume. I said never - least not until they proved the debt was mine, and as they had already admitted in their letter that the original creditor couldn't provide a copy of the agreement nor any statements then how could they expect me to keep paying a debt they had no proof i owed. He admitted the debt was unenforceable but asked if i wanted to make a one off payment to clear my credit file!

 

I told him there was NO outstanding debts on my payment file therefore the answer was no.I wonder if you lovely peopel could advise if it would be worth trying to get back the money i have already paid them? They did say in their letter that they "dont beleive the debt is statute barred" that they "beleive they have contacted me within the relevant period" that "there has never been any question i was the debto untill now" (no because you threatened me!), and that they"are not, AT THIS STAGE, considering any form of refund" Tehy seem to "believe" a lot but dont seem to be able to prove it.Any advice would be brilliant.Thank you very much

[ims21]

Hi

 

OK if these dcas cant provide documents under a cca request or by the request you have already made, don't pay them.

 

Also...STOP DEALING WITH THEM ON THE PHONE. Sorry to shout but it is important that everything is done in writing ONLY and that way you build up a paper trail of events.

 

Personally I would SAR the original lender. You will want to make sure that any payments you have been making have gone to the account and not into the dca pocket.

 

When was the last time you made a payment on the account or acknowledged it in writing?

 

Are we talking loan or credit card or overdraft?

 

ims

[Yam950]

Hi ims and thank you for the reply. In all honesty i cannot remember much to do with his account, it was that long ago. I vaguely remember a small loan but i dont think it was £2000, more likely £1000. I had a bit of credit at the time, but i was 100% certain i had paid everything off when i sold my house in 2003.I can only assume that the last payment i made is what the DCA are telling me, if indeed i owe thisI've just gone off what the DCA told me and as i said, i didnt know any better at the time.

[ims21]

Hi

 

Well if it were me I would SAR the original lender...this will give you all details of the account, payment history etc. That way you will have the full picture as far as the account is concerned. Make sure in the SAR that you give them the previous address you were at when the loan was taken out.

 

SAR template is in the CAG library, the link to which is at the top of every CAG page. It will cost you £10 Statutory fee and they will have 40 days to comply.

 

As I say, if the dca haven't provided a copy of the agreement, stop paying them and see what they do.

 

ims