marlin/Reston claimform - dads lloyds credit card 'debt'

[NGEddie]

Hi dx and ya'll

So to update on this one, the debt has been sold to a DCA, rubbish for them but good for us, just prior to ppi claims going through!

This new company immediately offered a 30% discount for paying off in full, not really good enough!

I am wanting to offer and full and final payment, do I write stating the amount we are offering of the %?

Many thanks

E!

[dx100uk]

i'd check they have an enforceable CCA first!

 

dx

[NGEddie]

So when bulk debts are sold like this one may not have been provided?!

 

 

I have one here, and its all coming back to me now that it was a dodgy DN

 

 

Cheers

 

 

E!

[dx100uk]

matters not

they must hold an enforceable CCA to demand money

 

dx

[NGEddie]

Ok shall send a CCA request then

 

 

So on the scenario they do not have one, what happens about the monthly payments he has made to them, or to the OC before hand?

 

 

E!

[dx100uk]

nothing really

 

you certainly don't pay a debt to a dca whereby they have no enforceable agreement

that's for sure!

 

dx

[NGEddie]

So are you saying the OC may not have given the DCA the CCA when they bought the debt?

 

E!

[dx100uk]

debts are not sold in that manner

 

they are a simple line on a spreadsheet that a debt buyer uses to pushout threat-o-grams.

 

there is never any paperwork exchanged.

 

I will be polite here and say I am not gong to nurse maid

you on this as was with the PPI.

 

you need to go read up on this forum.

[NGEddie]

So had a read around and have template etc...

 

One thing, the interest was frozen before the debt was sold on, now its been sold, I take it the DCA cannot and would not start to add interest? There doesnt seem to have been any metion of it.

 

Just didnt want to send the CCA request and open a bag of worms!

 

It is about £3k and within the first mont they already offered £600.00 off to settle.

 

Cheers

 

E!

[dx100uk]

DCA's can pull a variety of stunts

regardless to what the OC might have already done/agreed.

 

the fact that there's a discount already on offer though speaks volumes.

 

dx

[NGEddie]

Thats what I thought.

 

So on that basis, how likley are DCA to give up if they cannot produce the CCA?

 

Carrying on paying agreed amount at moment, but would take many many years to clear at this rate!

[NGEddie]

I noticed some template were stating:

 

I do not acknowledge any debt to your company or its clients. (delete this line if you are not disputing the debt)

 

Think I just stick with our one we have on here though and leave that line out and leave PO blank?

[dx100uk]

well you cant exactly dispute the 'debt'

a sadly it continues to be paid off.

 

however without a valid CCA they cant enforce any court action.

 

dx

[NGEddie]

Good point, and I suppose if he just stopped paying after sending CCA would just cause further problems?

 

E!

[dx100uk]

no CCA = NO pay

 

tough!! for them

 

dx

[NGEddie]

Lets hope then!

 

I did a search for the CCA template and a plethora of threads come up, am I correct in thinking this is the one to send to DCA?

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387435-CCA-Request-Consumer-Credit-Act-1974

 

Couldnt find a 2014 one anywhere!

 

Thanks

 

E!

[dx100uk]

CCA request

 

dunno why the link wasn't showing

should be auto

 

dx

[NGEddie]

Thank you!

 

Is it best to leave the postal order blank? I read you advised someone else to do it for some reason?

 

I noticed the template doesnt specify how many days the stautory time limit is but then they should know, if not, tough titty!

[dx100uk]

blank as always like I advised before

 

dx

[NGEddie]

Cheers

 

Think shall just sign and put two lines through? as think something once got sent back as wasnt signed!

[NGEddie]

Little update!

 

So we sent the request off recorded, they received it the next day, since then, no copy of agreement and the allowed time has come and gone...

 

However, a couple of days after they received the request, we received a random letter from them requesting full payment and talking about adding interest...this was supposedly written three weeks prior to us receiving it...tactics?

 

So, what do you make of that?!

 

Many thanks

 

E!

[NGEddie]

Still noting from them, next setps please?

 

Cheers

 

E

 

Ok so I just read up again to refresh myself on the process, so now wait until a further month has gone by? :/

[NGEddie]

Anyone please?

 

Unsure if to make this months payment or not, as to what games they usually play?

 

I guess they havent got the copy otherwise would have sent it by now

[dx100uk]

once they fail the 12+2 working days deadline

 

you stop payments

until they comply

 

dx

[NGEddie]

Cheers dx

 

 

So they have failed the 12+2 to comply so far...

 

 

I was reading a few other threads on where you and others were also discussing the 30 day period after the 12+2 and there were for and against views on if to pay, or wait until the 30 has gone too?

 

 

The payment is pretty much due now, and I fully understand no agreement = no pay, however I didn't want to not pay then it alert them to look at the account again, as we are quite close to the 30 days being up too.

 

 

Is it a better position to have the 12+2 and the 30 days gone by, then send the non comply letter?

 

 

Opinions much appreciated

 

 

Cheers

 

 

E