DN required or not ?

[theshuffler]

Hi all this will prob be a slow moving thread .

 

I never respond to empty threats from DCAs preferring only to get serious when they do the same hence this thread might drag on forever as DCAs can rarely be taken seriously.

There is also a probability this is in the wrong area , if so please feel free to have it moved .

 

Firstly a few loose details to establish a storyline then a few questions.

I am dealing with this on behalf of the OH .

 

Roughly four years ago she entered into debt management with payplan with debts in the region off 20 k to around 9 different companies

paying £200 a month

 

after about 2 years she took a payment holiday of 12 months then added another 8 months for good measure.

Payplan texted , emailed rang repeatedly teling her that the plan was going to fail.

 

Around 14 months ago she asked them to take reduced payments off £100 a month ,

Payplan said that the creditors would never accept such an offer so instead they got nothing every month and the plan failed ,

 

so roughly no payments made for last 18/ 20 months again these are only rough dates.

 

In the meantime she has had letters from various DCAs about various debts, the usual drivel .

However quite recently she has been sent a DN from one of the companies followed by a letter today from Clarity,

the DN seems fine and there was no contact from Clarity until after the deadline was up roughly a month..

I know the first thing to do is cca sars etc but like I said at the start I dont get involved with them until Im backed into it as most just go away.

 

Now the questions for all you legal eagles out there.

Is the original creditor right in issuing a DN 20 months after the Payplan failed?

Wouldnt they have issued one 4 years ago when she first got into difficulty ?

If this is the case they surely cant close the account twice unless the agreement with Payplan constitutes a new agreement with a creditor?

 

If this is the case shouldnt all the creditors have to issue new DNs before debt collection can proceed ?

 

Like I say Im not in any hurry to take anyone on but its nice to have something up ones sleeve for use later.

I have churned this over in my small brain and cant come up with a conclusive answer so hoping one of my fellow caggers can.

[dx100uk]

i'd say check her cra first!

 

then worry about those debts the show!!

 

dx