Letter from DCA, advice greatly appreciated

[ftpincognito]

Hello

 

My partner has received 2 letters from a debt collection agency, due to separating from his wife and living abroad for a number of years he had not received letters previously.

 

1. is for a loan debt not acknowledged for possibly 6 years, definitely 5.5 years. We hope this is statute barred. This letter threatens a CCJ.

2.is for an overdraft not acknowledged for 5 years.

 

I understand from reading these forums that he needs to send a cca letter which he is about to do. Do we send a statute barred one at the same time or wait for proof?

 

My partner has no assets (house and everything within is mine and in my name) and is on a low income as he looks after our children during the week and works part time at weekends. We are not married.

 

If he offers a payment plan for debt 2 will we have to supply details of my salary and all our outgoings or will they base it on his income alone. After our outgoings we have nothing left so would they accept a token payment each month of £10 or so?

 

If he ignores the letters what is the worst that could happen considering he cares little for any sort of credit rating and has no money of his own? Could the bailiffs come and seize stuff even if nothing belongs to him?

 

Any help will be much appreciated as this is incredibly worrying.

 

Thank you!

ftp

[ims21]

Hi

 

I wouldn't send the cca letter as this tells the dca that they have got the right person.

 

Who were the original creditors and who is the dca?

 

Regards

 

ims

[cerberusalert]

As it's either Statute Barred or very nearly it would be wise to create a game of postal ping-pong with them to drag things out, so send them this first; http://www.consumeractiongroup.co.uk/forum/content.php?428-General-debt-letter-if-you-know-nothing-of-the-debt

 

If he offers a payment plan for debt 2 will we have to supply details of my salary and all our outgoings or will they base it on his income alone.

Whatever you earn has absolutely nothing to do with them, you are not responsible for your partners debts.

[ftpincognito]

thanks!

 

It's 1st Credit and 2 high st banks, i'm a loathe to give too much detail though, i'm cynical enough to think they read these forums too.

 

there is nothing to link him to this address other than his bank account. I was hoping he'd be able to drag things out but also wonder if a payment plan for the younger debt would ease stress levels. If his debt is not linked to me how would we do a budget for him if requested as i pay mortgage and all bills and his salary just goes towards that?

[ims21]

Well you don't need to do a budget for a dca. You just tell them what they are going to get even if that is just £1 per month.

 

Cerbs has given you some good advice.

 

Regards

 

ims

[ftpincognito]

Thank you, i will send that letter and might have to come back for some more advice!

 

Thanks again

ftp

[ims21]

Excellent

 

Keep us updated and drop in whenever you have a question....there is plenty of help here

 

Regards

 

ims

[alfwithhair]

Remember DO NOT acknowledge these debts or make any payment as if there not quite Statute Barred this with reverse the clock back to 6 years. Prove it letter only as Cerb said

 

Is there any showing on his credit file refering to these debt?

[ftpincognito]

Hi again

 

Thanks so much for your help, and sorry but i didn't see those last two posts so apologies for not responding.

 

He sent the prove it letter and heard back for one of them around 4 weeks later. A signed CCA was included and a standard letting giving options, i.e get in touch about payment or prove it is not you.

 

We are sure that if this is not statute barred it is probably only a month or so away from it. Do we send the statute barred letter or the one asking for a statement of accounts with £10?

 

He has avoided checking his credit file online since returning to the UK, should he do this now?

 

I'm also shocked at the credit agreement as the total repayable is one and a half times the borrowed amount, due to high interest and PPI and subsequent interest. If the debt is not statute barred could we at least get it reduced because of this?

 

Sorry for all the questions, but you all have helped so much and i'd much rather listen to your advice than work it out for ourselves and get it all wrong!

 

thank you thank you

ftp

[BRIGADIER2JCS]

Yes check credit file will show default dates

which will give an idea of the actual SB date

is, usually one or two months earlier.

You will need to give an up to date concise

idea of the original probs to save the guys

having to go through all the back posts please.

[ftpincognito]

Thanks, i'll get the credit file checked and then i will report back and summarise the whole sorry tale.

[BRIGADIER2JCS]

great it makes it easier to advise especially

on long threads.

[babybear39]

great it makes it easier to advise especially

on long threads.

 

And the fact that we're all crusty, dusty old farts that sit in cyber libraries for hours each day

 

Oh, wait...Isn't that The house of lords?

[BRIGADIER2JCS]

It most certainly is, mind you

I do resemble part of you observation:madgrin:

[BRIGADIER2JCS]

It most certainly is, mind you

I do resemble part of you observation:madgrin:

[Happyhippy1959]

Yep poor Hippy is a Dusty old Fart as well.....subbing with interest

[ims21]

Yep poor Hippy is a Dusty old Fart as well.....subbing with interest

 

But young at heart eh Hippy?

 

ims

[Happyhippy1959]

Yep that's true IMS as long as I keep taking me Beta Blockers and Candesartan oh and me blooming Simvastatin,,,, God I am falling apart......

 

Anyone got any of those Viagra things (heeeeeeeeeeeeee)

[BRIGADIER2JCS]

Apparently Statins can have the same effect as Sildenafil

any way Hippy so no cholesterol just more blood flow that's

HARD fact:madgrin:

[ftpincognito]

Hi again,

 

ok, here is where i am:

 

partner has had old debts resurface, 5.5 yrs at least since last default

he has lived abroad for years for work, back in UK now

partner has very low income now as looking after children during day and works only evenings

absolutely everything is in my name

 

2 letters from dcas

sent prove it letters

 

received one response after 3-4 weeks with signed cca. (This details PPI and interest on PPI totalling almost £4k on a loan of not much more than that!! A few grand had been paid off before defaulting.)

 

tried to access credit file online with equifax and experian but no luck due to not knowing enough about the debts to get through the security and past address being overseas. Phoned up and was advised to send copy of passport and utility bill (can't do that, as all bills are in my name).

 

It is his cca but could be sb, do we request statements to check this or offer some sort of payment plan?

 

Hope this summary is ok, let me know if you need any other info.

 

Thanks again

ftp

[BRIGADIER2JCS]

Hi, to get the info you need I think you

will need to do a subject access to the

original creditors, to get all the information

held on the accounts.

[ftpincognito]

Quick reply! thanks Brigadier2jcs

 

This is sent to the original creditor then, i.e the bank?

 

Do we need to respond to the dca to let them know we are looking into it or can we just ignore them for now? Could they start court proceedings whilst we are waiting on info from the bank?

[BRIGADIER2JCS]

Yes to the bank and yes ignore DCA for now.

[ftpincognito]

excellent. We will send this letter tomorrow and i will report back. You're a star.

[babybear39]

Don't forget to send the DCA a copy of the letter you send the OC adding a PS. saying this alleged account is in dispute