DCA wants mental illness evidence, what should I do?

[leo1974]

Hi,

 

I'm on Incapacity Benefit for Bipolar disorder. A DCA is chasing me for bank loan and mobile phone bill. They don't appear on my Experian anymore because its 6 years since i defaulted, but I have made some token payments since then so i don think they are statute bared.

 

I sent off for a CCA for the bank loan, but the DCA tell me they are having to ask the lenders.

 

Anyway the DCA have asked me for proof of my mental illness. I don't know what people here would recommend so I thought I would ask. I am seeing my psychiatrist soon and I guess I could get a letter off him saying I am diagnosed with Bipolar Disorder and then send it to the DCA?

 

Any thoughts anyone?

 

Thank you Cag people.

[huggy41]

they have no right what so ever to that personal info. just waite and see what the cca request you made turns up.

 

AND DO NOT RING THEM IF THEY RING YOU PUT THE PHONE DOWN AND MAKE A CUP OF TEA

[huggys boss]

You don't need to send them proof of your illness, it is none of their business. Also if they ask you for an income and expenditure, that is none of their business either.

 

Let them take as long as they like to get your CCA, after 14 days your account is in dispute until they do provide it.

 

As Huggy says, DO NOT ring them, and if they ring you, refuse to go through security and tell them to put it in writing, either that or just put the phone down on them. If they are ringing you, let us know and we will point you in the direction of a letter to stop the calls.

[Bazooka Boo]

Who is this hilarious DCA? Please name and shame them....it isn't Moorcroft by any chance??

 

As already said, you DO NOT have to give them ANY personal information, they have NO legal rights, to either be asking you for such info OR for demanding money from you.

 

IMO I would just make a note of the dates you receive their letters, mark it on the envelope, and ignore anything they send you.

 

What was the debt for?

 

When was your last payment or acknowledgement (in writing) that you owed them anything?

 

Who and what was the original debt and creditor?

[leo1974]

Thanks everybody. The DCA is Lowell. The bank debt is in dispute because they haven't sent a CCA yet. The token payments were up to 2009. I shall take everyone's advice and not send them letter from psychiatrist. thanks people.

[huggys boss]

Leo, sorry that I didn't say Hi and Welcome before so here it is-

 

Hi and welcome

 

If you give us a bit more information we can help you sort this out.

When did you make the token payments?

Have you been charged late payment fees at all, we can show you how to try to reclaim them and reduce your debts.

 

You are in the right place for help here.

 

Just remember that a DCA has no more right than me or your milkman to either demand money or your personal information from you.

 

The main thing is not to worry and ask if you need help.

 

HB

[huggys boss]

another point..............curious about your credit file. I will get somebody else to look at this as he is in the know when it comes to CRA's. IMO and I might be wrong (my blondeness means I usually am if you ask HUGGY) but if you have been making payments then surely they should be on your file???????

[leo1974]

Can I still get charges and stuff back on a debt that defaulted over 6 years ago?? Or are those charges sort of statue bared, even though the debt isn't? Oh and yes I am confused too about experian and token payments.

[huggys boss]

I have read on here that they try to claim that the charges fall outside the statute of limitations but they are wrong, I am sure somebody else will advise on that one.

 

Have you checked Equifax and Callcredit ? all creditors don't always register with all 3 CRA's.

 

I have pm'd another member and asked him to have a look at this as he is well up on CRA's and will know more about these token payments and whether they should be registered or not.

[ims21]

Can I still get charges and stuff back on a debt that defaulted over 6 years ago?? Or are those charges sort of statue bared, even though the debt isn't? Oh and yes I am confused too about experian and token payments.

 

Hi

 

Any charges on your loan account can be reclaimed with interest. The bank will baulk at paying back stuff over six years old but you can do it. You would probably need to sue but you might be one of the lucky ones where they don't put up much of a fight.

 

Regards

 

ims

[ims21]

Sorry...forget to mention that S32(1)© Limitations Act is the section you need to blow the six year business out of the water...payments made under a mistake.

 

Regards

 

ims

[leo1974]

I know this is a silly question but is there a site where it shows 'example experian pictures' so you know what different scenarios actually look like? A sort of I-Spy book of credit records for those old enough to remember them!

[Bazooka Boo]

I am not sure what it is you are after, but if lowlifes are demanding money from you, then you can safely ignore, they can do exactly NOTHING!

 

As for claiming back charges from a SB account I wouldn't bother, I would simply let sleeping debts die.

[seen this before]

you need the debt and medial evidence forms.

 

 

http://www.moneyadvicetrust.org/content.asp?cid=88

Edited September 8, 2011 by seen this before

[huggys boss]

I am not sure what it is you are after, but if lowlifes are demanding money from you, then you can safely ignore, they can do exactly NOTHING!

 

As for claiming back charges from a SB account I wouldn't bother, I would simply let sleeping debts die.

 

My question is, is it stat barred? surely the token payments have re-started the clock, but why are they not registered with the CRA? Default over 6 years ago so yes, will have dropped off, but do they not register the token payments????

[ims21]

I am not sure what it is you are after, but if lowlifes are demanding money from you, then you can safely ignore, they can do exactly NOTHING!

 

As for claiming back charges from a SB account I wouldn't bother, I would simply let sleeping debts die.

 

Hi Boo

 

The loan isn't SB... accordingto OP token payments have been made up to 2009.

 

Regards

 

ims

[leo1974]

Thanks everyone. No, it's not statute bared because of the token payments. Thanks for the information on getting charges back.

[dx100uk]

if it does not show on your cra then ignore them

 

it was prob? stat barred by the time you started repayment before hence it does not show the payments

 

you've obv been spoofed into paying then when their was no legal debt existing

 

dx

[huggys boss]

you need the debt and medial evidence forms.

 

 

http://www.moneyadvicetrust.org/content.asp?cid=88

 

You have NO legal obligation to give them evidence of your illness and they have NO legal right to request it. I personally would not give them anything at all. They are just a DCA, they have no more right to have this information than I do!

[leo1974]

if it does not show on your cra then ignore them

 

it was prob? stat barred by the time you started repayment before hence it does not show the payments

 

you've obv been spoofed into paying then when their was no legal debt existing

 

dx

 

Thanks but I don't understand why its statute bared if I made token payments on it? There wasn't a six year gap without payments.

[huggys boss]

It is probably not stat barred. Just ignore them for now.

[BRIGADIER2JCS]

The accounts have fallen off your

credit files simply because all defaults

are removed after 6 years PAID OR NOT.

If you have paid anything at all during

the last 6 years the statute barred clock

is still running.

So the debt (s) are NOT statute barred.

Brig.

[leo1974]

Thank you. Thanks to all Cag people, I shall not send them official evidence, my psychiatrist has better things to do than write to DCAs!