DCA wants income form?

[Steve.H]

Hi,

 

I am being asked by credit card companies to do income and exp forms every 6-12 months after a brain injury nearly 3 years ago.

 

Do I have to keep completing these if there are no changes to my circumstances,

 

I entered a payplan by myself as they said it would be best at the time!

 

Thx

[psyduck]

No, they do not have a right to this information.

 

That is the short answer. if they were to take you to court and you are paying what you can afford, they will pay out hundreds of pounds in legal fees only to get the same amount of money per month from you, and potentially less.

[Steve.H]

Thank you for your prompt reply psyduck,

[dx100uk]

I hope you've sent all these DCA's a CCA request!

 

dx

[Steve.H]

To be honest no, I think 3 debts have been sold on now! I did request one over the phone from the DCA's solicitors who have now gone legal but never received it request date 274/01/14.

 

I will follow this up and send them the letter and am awaiting a court date from the county courts for this debt

 

 

Cheers

[Bazooka Boo]

Steve as a fellow TBI (Traumatic Brain Injury) survivor myself, I thoroughly recommend NOT talking to any of them about this over the phone.

I can also highly recommend the Truecall box of tricks, peace of mind at a cost but it is invaluable, my phone doesn't ring unless it is from someone I know, and even then all of my calls can be recorded for those 'memory lapses'..

 

What debts are these? Credit cards, loans, catalogues??

 

How old are they when did you take them out?

How much roughly?

 

You will be classed as vulnerable, by nature of your injury, so a read of MALG might be advantageous.

 

If you do get court papers through for any of these come straight back and you will get advice.

[Steve.H]

Hi Bazooka,

 

Thanks for the info I will spend some time reading those pages you linked to as I need to get things sorted .

 

What debts are these? Credit cards, loans, catalogues??

One is a northern rock loan that has been sold on recently the others are 6 CC's

 

How old are they when did you take them out?

The NR was from 2004 the rest were taken out between 2000-2009 I was balance transfering and my balance in 2008 was roughly 4k. then my x business partner roped me into doing spread betting with him on the stock market and he lost a lot and me all on my CC's.

 

I kept up every payment until my injury in august 2010 and Payplan were useless they just emailed me and said your best doing it yourself and get an agreement with creditors!

 

How much roughly?

30k

 

If you do get court papers through for any of these come straight back and you will get advice.

 

I rang the Drydens the solicitors again yesterday as they sent a letter to say I had not paid the courts ruling of £99 a month and the bailiffs were being threatened. This was after I had emailed them a copy of the court transfer contesting their claim and also rang the Sheffield CC office last week and Drydens had responded to the request to set aside judgement.

 

I asked what their defence was as I was making the agreed monthly payment originally setup with MBNA and the guy just skirted over it and said let us know when the court has responded etc.

 

My subject title is actually wrong it is the barclaycard and natwest platinum that are pushing me to fill in yet another income and expenditure form, I rang them and said I did not have to supply this info every 6 months(as I had read it online) they said I had too!

 

Will post back when the court responded this week apparently!

 

Thx again.

[Steve.H]

I hope you've sent all these DCA's a CCA request!

 

dx

 

Hi dx100uk,

 

I have read that even if the DCA cannot provide you with the original CCA then this still means you owe the debt but to the original creditor!?

 

What benefit is it besides being able to negate their extra charges and addons ?

 

Cheers

[dx100uk]

and where did you read that rubbish?

 

no cca = no pay...NO EXCUSES

 

dx

[Steve.H]

Is this after it has been passed to a DCA or even if its the original creditor?

[sequenci]

Yep, send the people chasing you the request.

 

For the record, any agreements taken out after April '07 can be enforced by leave of the court - even if there is no paperwork. So you should consider your credit debts within two categories. Any prior to that debt are far more likely to be challengable. But it's worth CCAing any debt that is from a CCA regulated credit agreement.

 

- Seq.

[Steve.H]

Hi,

 

Thx for replies, I am doing the form now and one of the DCA's is registered in Guernsey (Arrow Global Guernsey Limited) and that is where there office is and the transfer letter lists the address at the bottom.

 

They also have a limited company in the UK ass I checked companies house and that is a London office!

 

Does this CCA still have the same effect with an offshore company?

[dx100uk]

yes it does.

 

dx

[Steve.H]

Thx for quick reply I will post it out today as I am seeing them in court on the 11/04, not seen the court papers yet as I rang the CC yesterday to see if date had been set, should have papers through post soon!

[Steve.H]

Hi,

 

I have received the court papers and there is nothing but 2 paragraphs stating when the hearing to set aside judgement will take place and another saying 'cases are listed in order, delay is unavoidable etc'.

 

I am not sure what to take along, I have sent the CCA and £1 fee to Arrow on 28/03 not yet signed for as they are in Guernsey so prob a Monday delivery.

 

Can the courts ask me for income and expenditure there and then, if so I will have to formulate something in advance?

 

I have read a couple of threads on other forums were Arrow Global do not turn up for the hearing so am hoping that will be the case

[Bazooka Boo]

Yes only a court can request an I&E form, so taking one with you would be a plus.

 

But if this is for a set aside then one won't be required.

[Steve.H]

Thx Bazooka,

 

Do you know if it is set aside is there then another court date set for a hearing and do I get the £390 legal and court costs squashed?

 

Thx

[Steve.H]

Hi Guys,

 

Went to court today and

 

Arrow Globals solicitor was there and we had a meeting prior to the hearing and

 

they had a Tomlin order ready to sign that said they accepted the £8.50 a month I was paying and agreed for the order be set aside and costs.

 

I mentioned that the CCA had not been received and that Arrow still had a few more days to produce it!

 

She mentioned that because in my defence I had agreed that the original debt belonged to MBNA

and I had been paying it the judge would not accept that I didn't owe the money regardless of the CCA not being received yet!

 

I went into the hearing and the judge mentioned that it was clear I owed the money

and that the offer was reasonable as if I lived until 104 yrs old, that's how long it would take to pay it off at that rate.

 

I signed it and I can post an image of the letter,

 

their solicitor also mentioned I could contest it at a later date

but it might not work and I am not sure if I took out the CC before 2007.

 

if Arrow don't produce the original CCA

 

can I still contest this debt?

 

Thx

[renegadeimp]

If they dont produce it then they cant enforce it.

 

They know this which is why they did the tactic of getting you to settle before it went to a judge, and because you weren't aware of your rights, you fell for their trick and they got a CCJ anyway.

[Steve.H]

Well they received the letter on the 31/03 recorded delivery but their reply letter was dated the 3rd of april,

 

I pointed this out but there is a paper trail now saying it originated from MBNA after I traced it back.

 

Is it still the case that I can contest it or is it a waste of finance trying to convince a judge

or is it the law no CCA then not enforceable.

 

Thanks

[renegadeimp]

The CCA thing all depends on when the agreement was taken out and was it a loan/bank account/overdraft etc.

[fkofilee]

Im sorry to hear of you falling for the Tomlin Order. I really do hope you get this sorted.

[Steve.H]

The debt was a credit card but I cannot remember when it was take out as I think I binned some of the old statements!

 

I take it by signing the tomlin order I am fubared?

[Steve.H]

Guys,

 

Is there anyway out of this if the CCA is not produced and I say I did not understand fully what the tomlin order was about?

[Bazooka Boo]

Found this which might be of some help?

http://www.lawgazette.co.uk/4045.article