Sick (literally) of DCA's

[spacecadet5767]

Hello everybody,

 

I need some advice please.

 

I, and my wife, are being hounded by DCA's for old debts.

 

It has gotten to the point that I am suffering severe mental health issues and I am back on medication. This after an attempted suicide.

 

I have no idea where to turn or what to do.

 

They are threatening legal action and doorstep visits etc.

 

The problem is, I know these debts are old, and are either SB or close to SB, but I'm not 100% sure.

 

What should I do in the first instance? Send a prove it letter? What is a prove it letter exactly?

 

Also what do I do about the threatening phone calls and text messages?

 

Thank you for taking the time to read my post and also for any advice.

[renegadeimp]

First thing to do, calm down and check your credit reports with all 3 agencies. This will tell you if they are SB or not.

 

Don't send anything or communicate with them until you have your reports.

 

If the debts are SB'd, then simply send them the SB letter. They have to prove it isnt SB'd to chase it.

 

If the debts arent SB but will be very soon, then check when the debts are due to be removed from your credit record, and hold tight.

 

It isnt uncommon at all, as you are finding out, for DCA's to try one last time to get you to acknowledge a debt before it goes SB.

 

One important thing to remember is not to let it stress you out. DCA's have no legal rights at all towards a debt unless they own it.

 

 

 

If you do feel very stressed and are unsure which way to turn, give National Debtline a call, or make an appointment with Citizens advice. They are very helpful. National Debtline In my experience know the ins and outs of everything the DCA's will try, and they can be there every step of the way for you.

[spacecadet5767]

Thanks for the advice. I will see about getting my files from the CRA's.

 

We seem to be getting a steady stream of letters offering discounts, ranging from 10% to 75% off.

 

What worries me most, is working away from home, and they turn up on my doorstep, and frighten my wife and children!

 

Again I thank you for your time.

[BRIGADIER2JCS]

Hi Welcome to CAG,

 

Your credit files will give an indication of the status of each debt, if

the debt does not appear then the default will have been removed

after 6 years paid or not.

For a debt to be SB there must have been no payment or acknowledgment

in writting madeto the debt.

 

Your credit report will show the default date of debts, the date for

the purpose of deciding if the debt is SB is the date on which a payment

was due and not made and no further payment was made.

[havinastella]

Any company offering a discount will have a dud on there hands. DCA's have NO legal powers at all. Try not to get stressed as there really is nothing to worry too much about.

 

Even if, and it's a bit if, whats the worst that can happen. They get a court order and you pay back only what you can afford.

 

Being in debt is nothing to be ashamed about, esp in this day and age.

 

Should you need any specific help, just ask!

 

Jogs

[renegadeimp]

 

 

We seem to be getting a steady stream of letters offering discounts, ranging from 10% to 75% off.

 

This proves that they know they are on to a losing account, but are trying to milk it for as much as they can. You can safely ignore them or better still send a prove it letter.

 

As for them turning up to your house, have a good read of http://www.consumeractiongroup.co.uk/forum/content.php?441-If-you-do-receive-a-doorstep-visit-we-give-these-suggestions-to-Members

 

for phonecalls, have a read of http://www.consumeractiongroup.co.uk/forum/content.php?493-Harassment-by-telephone-response-letter

[ims21]

As far as your health is concerned please try to relax and no stress about it. I know its easier said than done but you're in the right place to get help.

 

The reason that you get the discount letters is that there are problems with the debts being chased, even if they are not SB.

 

They either done't have the relevant paperwork to take it to court or the accounts are littered with unlawful charges which can be reclaimed.

 

There may also be PPI which was mis-sold.

 

Check out the SB status as advised above but above all try not to worry.

[ims21]

Oh and remember....debtors prison no longer exists

[huggy41]

i remember back in the days when we did not know which way to turn. then we found CAG . it will not belong before your laughting at the DCA'S childish attempt's at being a bully i give it 1 week till your ribs start to hurt with laughter

[ims21]

i remember back in the days when we did not know which way to turn. then we found CAG . it will not belong before your laughting at the DCA'S childish attempt's at being a bully i give it 1 week till your ribs start to hurt with laughter

 

Maybe I should change my username to "Chuckles"

[huggy41]

Oh and remember....debtors prison no longer exists

 

and here's me thinking i might get a free break from HUGGYS BOSS

[BRIGADIER2JCS]

and here's me thinking i might get a free break from HUGGYS BOSS

YOU HAVE NO CHANCE:madgrin:

[spacecadet5767]

Thanks all! We really appreciate the thoughts and advice.

 

As I said above, I will get my files from the CRA's and go from there.

 

I will also read the "threatening" links.

 

While I'm asking, I have a CCJ that "expires" in a few months. Will that simply drop off my CRA file?

 

Also, my wife wants to know, if a debt is SB, does it fall from your CRA file forever? Can it come back onto your CRA, from a DCA, for any reason? Any other effects a SB debt has on your future creditworthiness?

 

I am thankfully feeling a lot better after reading your comments! You guys (and gals) are brilliant.

[renegadeimp]

It will drop off but they can still technically chase it. However, they would need to go back to court, and a judge would want to know why they've taken almost 6 years to chase it without any previous action. In circumstances like that, plus your medical history, their chances of being granted the ability to chase it are slim to non-existent.

 

Once it has dropped off your Credit report, it cant be placed back on there. It's gone. Finished, wiped, deleted. The debt technically still exists, but it would be unenforceable so they wouldnt be able to get a single penny out of you for it. Once it has dropped off, your credit report is treated as is if it was never there. You would need to build up your record to show a good history again, but it would be much easier due to no CCJ's being on there.

[BRIGADIER2JCS]

Yes the default and CCJ will be removed.

A debt becoming statute barred does

not get removed from \CRA files if the

default still has time to run.

[havinastella]

The default will drop off after 6 yrs. Should a DCA reinstate it, you are well within your rights to sue them for damages.

 

I told you that you would feel better

 

Jogs

[spacecadet5767]

Hi Brigadier, thanks for that.

 

But I'm confused - and that's not difficult - as to SB versus default removal?

 

So a debt can be SB'ed but a default notice can still stay on your CRA file? Does THAT ever go away?

 

Thanks jogs. You were right!

[BRIGADIER2JCS]

If a defaulted debt becomes SB it is not removed until

the 6 year default period is ended.

[Bazooka Boo]

Yes after six years 0f being on your file it will auto drop off.

 

The difference between the date of default and the sb date is 'normally' about six months...

 

Posts crossed, what Brig says..

[huggys boss]

and here's me thinking i might get a free break from HUGGYS BOSS

 

There is no hiding from the boss

 

Listen to what these guys are saying Spacecadet they know what's what.

 

Any default will drop off your file after 6 years.

[spacecadet5767]

Thanks all for the explanations!

 

You're all awesome!

 

I'll get back to you when I have more info from the CRA's.

[havinastella]

Mind those weirdo's living in Creepy Crawley.

 

We are everywhere

[spacecadet5767]

Sorry guys, I'm probably being thick, but having reread a previous post re CRA's I see the number 3 is mentioned.

 

I know of Experian and Equifax? Who is the 3rd?

 

Thanks again and sorry for being a bit stupid! :/

[spacecadet5767]

Havinastella LOL @ Weirdos in Crawley!

[dx100uk]

Sorry guys, I'm probably being thick, but having reread a previous post re CRA's I see the number 3 is mentioned.

 

I know of Experian and Equifax? Who is the 3rd?

 

Thanks again and sorry for being a bit stupid! :/

 

 

see below

 

noddle are free and quick

 

dx