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Advice needed re two DCAs!!


cathp1975
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Hi, this is my first time posting (hope am doing correctly)

 

I'm trying to sort out my debts and get my credit file out of the very poor category! and have a couple of questions regarding issues with DMCs:

 

I have a debt with Lloyds which is unpaid charges of £436 which eventually went to a DMC (Westcott). They offered me a 50% discount in full and final settlement and I contacted them and accepted that and paid it over the phone. Just over a year later, I have received a letter from 1st Credit for the remainder of that debt. Don't really want to phone Westcott about it as I find talking to these people on the phone is usually quite an unpleasant experience and don't know whether to write to 1st Credit either? The main reason I feel I need to do something is because this debt is on two of my credit files and I'm trying to improve my file (otherwise I'd probably just ignore them) - any advice would be much appreciated.

 

My second problem is a debt with Welcome Finance - this is also on my credit file. The default date was in 2006 and I haven't had any contact with them since then so I assume it's statute barred? Experian and Equifax have it on my file as defaulted in 2010 but Call Credit have it recorded as defaulted in 2006 (which is the correct date). This debt was a loan of £500 and my total repayment amount for this was £936. I have prior to 2006 paid about £800 and I still have £378 to pay due to them charging me for letters and phone calls, etc. I don't really want this debt lingering on my credit file so would be grateful for any advice on what to do next? I was thinking whether I should send the current DCA a prove it letter or SAR letter and then once I have all the information I can see whether it's statute barred and then send them that letter? But then how would I get the CRA to remove it from my file?

 

Just like to say that I've previously been frightened and intimidated by letters and phone calls I've received from DCAs until I discovered this site and the advice that's on here is amazing and has made me much more able to cope with dealing with my debt so thanks redface.gif

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Hi, and welcome to CAG! :-)

 

I'll ask the site team to move the thread for you.

 

Don't worry about having to phone them. You can insist they only correspond with you in writing.

 

Did you ever get anything in writing from Wescot confirming that the payment was a full and final settlement?

 

When you say the unpaid debt was for charges, what charges were these?

 

Is there an entry about this debt on your CRA files? It should show as 'satisfied'.

 

It sounds as thought the Welcome Finance debt is loaded with penalties which shouldn't be there anyway. If the last payment you made was in 2006 it is statute barred providing you haven't admitted the debt in writing since.

 

If the SAR shows it was defaulted in 2006 and there has been no payment or contact since you can show that to the CRAs and ask them to remove the default.

 

DD

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Thanks Daniella

 

Basically Lloyds charged me £6 for a returned direct debit which took me overdrawn as I had no money in my account. I didn't realise I'd been charged so I stayed £6 overdrawn for a couple of weeks (being charged £25 or something per day!) till my wages went in and about 2 weeks later I was charged about £170 which took me overdrawn again and as I couldn't afford to clear that overdraft I had to leave it till I next got paid thus being charged again! To cut a long story short, this went on for a couple of months because I never had enough money to clear the overdraft and pay the new charges in one month. I then changed bank account. Westcott offered me the settlement figure but no, I didn't get anything from them after I rang them and paid it. It is on my file and not marked as satisfied and I'm getting letters every week now from 1st Credit asking for the remaining amount.

 

Thanks for the advice about the WF debt - I'll send the DCA a SAR letter and once I've looked at what comes back I'll write to the CRAs.

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Hi,

 

Well, it appears Wescot have done the dirty. The problem is going to be proving it. The first thing is to write a very strongly worded letter to Wescot asking why they have not marked the account as 'satisfied' as they agreed a F&F settlement with you and you made the payment on that basis. Don't mention 1st Credit to Wescot; just say you have checked your credit file and have noted that they have not updated your CRA details and they must do so immediately.

 

You should be able to claim back the penalty charges unless Lloyds have a system like Barclays Reserve. I'm sorry I don't know too much about Lloyds.

 

There is a template letter for reclaiming charges in the library - link at the top of the page. I would send that off to Lloyds, but I'd wait to see what Wescot say first. If they will mark the account as satisfied then you won't owe the balance. If they don't do that hopefully you can offset the charges reclaimed against the outstanding balance. You can also claim interest on the charges.

 

DCAs are absolute ***s when they do this. They lie to get the money and then throw you back so other DCAs can have a go. If they don't mark the account as satisfied you should complain about them to everyone - OFT, FOS, everyone. The fact that you paid exactly half gives credence to the fact that it was a F&F.

 

DD

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Thanks for that DD, I'll write to Westcot today and hopefully get it sorted, although I suppose since they've had their money off me they'll be in no hurry to help! If they do mark it as satisfied on my file, do I then write to 1st Credit to tell them it's satisfied so they should stop writing to me?

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Hi, since you say you are getting yourself sorted, you have learnt a hard lesson DCA's LIE. If you come to make another full and final offer always remember to get a clause inserted that

 

 

A. No sell on of the debt of the outstanding balance

B. Credit file to be marked satisfied.

C. Only pay when you have confirmation in WRITING of these then you can decide if you want to pay.

 

 

This way you will not be sent around for more DCA's to fleece you again. It will be the end of any issues that involve that debt, but make sure you keep a copy of the letter in a save place too, it may pay to scan it and email it to yourself for future issues should you get any.

 

 

MM

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