4 Defaults, 3 DCA's - paying - no clue if they are enforceable. help?

[shiblets]

I am trying to get my finances in order and have been reading up on forums about those who have had successes dealing with DCAs, but unfortunately my accounts don’t seem to make sense.

 

I have four default accounts on my credit file, showing a D sign every single month on my account, but I have three payments from DCA going out of my account two I know why I am paying but PRA I don’t know what its for, and the two bank account overdrafts I have defaults for I don’t know what is happening with them and what to do.

 

Should i send out CCA letters to all creditors including barclays and natwest?

 

On my credit file are these four defaulted accounts

Lender Idem Capital Securities

Current Balance £1,868

I am paying this via direct debit reduced monthly installment at the moment, this has been passed from Agilent to Moorgate and now to Idem and I it was so long ago now I cant even remember who the original company was who I took a loan out with.

 

Lender NWB Current Accounts

Current Balance £1,691

It says I am paying £5 per month but I cannot see any standing order or direct debit going out of my account for £5 per month, so I have no idea what is going on with this account. Both Barclays & Natwest overdrafts have been passed over to DCA I am sure of it, but I am unclear on who they are or what is going on with these accounts. What shall I do? Do I chase up with the actual banks to see what information they can pull up (send SARS)

 

Lender Barclays Bank plc

Current Balance £1,590

Similar to my Natwest account, I do not have anything on my bank account showing I am paying them, yet it shows I am paying £18 per month, once again I do not know how to handle this and whether I have a DCA I am paying, I haven’t received any letters for a while and I don’t have a clue what I should do.

 

Lender MKDP LLP

Account Type Credit Card

Current Balance £264

 

Finally I have a PRA Group direct debit set up for £8.86 per month but yet again I don’t know what debt this is for now, as it seems to have been set up some time back, with moving and getting married last year I lost a lot of paper work and I cant remember what DCA is for what account and why now.

 

DCA payments:

Idem

Robinsons Way this is on my credit file under MKDP (are they the same company?)But there is nothing on my credit file saying I am dealing with Robinsons Way

 

PRA Group £8.86 No clue whatsoever why I am paying this and for what account.

Edited January 22, 2016 by shiblets

[maroondevo52]

Hello and Welcome shiblets,

 

You should get some advice shortly.

 

Regards,

 

Scott.

[shiblets]

any advice???

[nunnyrose]

Hi Shiblets

for starters it wont do any harm to send CCA requests for loans and credit cards - send to whoever you're paying.

then decide how you want to deal with each "debt" - if you're paying DCA's ask yourself why? ( can they provide you with info to verify the debt?)

It would be easier to get advise on each debt individually, so I would suggest starting separate threads for each one.

[shiblets]

thank you nunnyrose, so I will send out CCA to each debt - does this include to the banks? So I will send it to all DCA i am dealing with and take it from there depending on their replies.

 

IF the DCA's cannot provide agreement what usually is the next step or what is the likely route and outcome

 

I will take your advice and post each debt as a new thread as I can appreciate my initial post is extensive in information. Once again thank you for your help.

[nunnyrose]

IF I were you I would stop paying anything to anyone and see what happens.

 

 

If any of them make contact, then CCA's for credit cards and loans to whoever makes contact.

It's your call but it seems to me you're making payments and your not sure who too.

 

Bank accounts don't have credit agreements so no point in asking for the Consumer Credit Agreements

- (think i'm right with this) You could send SAR's to banks ( £10 charge) and see what the information reveals

[shiblets]

Thanks nunnyrose - i was on another forum and they said

 

I don't know who advised cancelling payments it's not a good thing to do

debt purchasers will jump to a court claim very quickly when agreed payments

are stopped.

 

So i will now be sending cca to credit and loan DCA and SAR to banks to find out exactly what is going on with these overdrafts, the debate is whether DCA will bother with my CCA if i continue payments whilst I wait for a reply, rather than risk it escalating to a court claim which could lead to a CCJ which will be a nightmare for me.

[nunnyrose]

well they would have to supply the CCA to be able to take you to court.

 

 

Like I said IF I were you I would stop paying them, but it has to be your shout.

 

The DCA's might chance their hand with a claim but without the documentation to back up any claim it wouldn't get far.

 

CCA them to find out what's what.

[shiblets]

thank nunnyrose

[shiblets]

Firstly, sorry if I have posted this in the wrong place, unfamiliar with how to do things on here.

 

I have a couple of questions about posting my CCA to four DCA,

 

 

I will be leaving the postal order blank on the front and writing 'for statutory fee use only '

and I will only digitally sign the letters - please let me know is this correct.

 

I have two accounts with Robinsons Way that I am currently paying,

shall i send two separate letters with the individual account numbers

and separate postal orders?

 

I am paying all four DCA via standing order,

once I post my CCA requests do i continue to make payments until i hear from them or once the 12+2 days are up do i stop payments? OR do i just continue to pay until there is an end result.

 

My worry is if i continue payments then does this allow the DCA to be lazy and negligent of my account and request because I am still paying them, of course I do not want to stop and get a CCJ or anything.

 

Any help is appreciated, thank you in advance

[mikeymack2002]

What we need is more information on each account. I.e. Some history.

 

What type of debts are they?

 

In the meantime have you checked your credit file. How long have you been paying these for and what letters have you had?

 

If it has been more than 12+2 days since your CCA requests went in then stop paying them...

[shiblets]

Firstly, sorry if I have posted this in the wrong place, unfamiliar with how to do things on here.

 

I have a couple of questions about posting my CCA to four DCA, I will be leaving the postal order blank on the front and writing 'for statutory fee use only ' and I will only digitally sign the letters - please let me know is this correct.

 

I have two accounts with Robinsons Way that I am currently paying, shall i send two separate letters with the individual account numbers and separate postal orders?

 

I am paying all four DCA via standing order, once I post my CCA requests do i continue to make payments until i hear from them or once the 12+2 days are up do i stop payments? OR do i just continue to pay until there is an end result.

 

My worry is if i continue payments then does this allow the DCA to be lazy and negligent of my account and request because I am still paying them, of course I do not want to stop and get a CCJ or anything.

 

Any help is appreciated, thank you in advance

[dx100uk]

old and new threads merged.

[dx100uk]

once they fail the 12+2 working days deadline

 

then its decision time.

 

in MY opinion, you've been cash cowed for years

they wont have any paperwork

and you need to remove yourself from their milking parlour

 

as for the CCA requests

yes you are doing them right.

 

each debt will need its own sep CCA request

[shiblets]

Any help?????

[AndyOrch]

Its not advisable to stop payments should a DCA fail to comply with your legal request...it simply means that they are unable to fulfil your request and until such time they can the debt is legally unenforceable through the courts...should it ever be litigated on.

 

In the meantime until compliance you can review and reduce the amount that you do pay but be aware that this may lead to the DCA litigating the debt.

 

Andy

[mikeymack2002]

Why are you paying for debts you don't know are enforceable?

 

Maybe time for you to cancel the payments and wait until the DCA'S comply with your request.. looks like you are a willing cash cow. Advice stop payment until you get the letters back or they get sold on...

[AndyOrch]

So two very different opinions...the decision is yours.

 

Previous thread merged.

 

Regards

 

Andy

[shiblets]

Hi Mikeymack2002

 

Two accounts with Robinsons Way for an Aqua card currently i am paying £2.50 and have done so for two years.

 

 

They have sent a letter asking for a review of the account to either figure out a settlement amount

or review if i can still afford to pay the £2.50

 

The second Robinson Way account is for Barclays Overdraft

and I have been paying it for at least three years at £5

No letters yet for anything since I have been paying them

 

PRA Group for Natwest Overdraft paying £8.86 which I have been paying again for at least three years.

No recent letters since I have been paying

 

Idem - I am paying £11.88 for around 3 years for an unsecured loan.

No letters from them since I have been paying

 

Thank you everyone for your help, indeed two very different opinions.

 

I dont want to accrue more charges if I stop paying,

 

I will continue to pay until the 12+2 days passes and then consider stopping my payments until I hear from them.

 

I am posting them out today so I will update everyone on what happens.

 

Thank you once again

 

Its not advisable to stop payments should a DCA fail to comply with your legal request...it simply means that they are unable to fulfil your request and until such time they can the debt is legally unenforceable through the courts...should it ever be litigated on.

 

In the meantime until compliance you can review and reduce the amount that you do pay but be aware that this may lead to the DCA litigating the debt.

 

Andy

 

Hi Andyorch,

 

sorry to ask but what do you mean in your last sentence if I reduce payments but continue to pay the this may lead to the DCA litigating the debt

[dx100uk]

a dca has no legal remit to add anything to a debt

so, if you do decide to reduce payment or stop altogether

once the relevant CCA is/is not complied with

or turns out to be enforceable or not as the case maybe

is your decision.

 

 

but they can't 'add' to the debt.

 

 

it might pay you to start a new thread for each debt.

 

 

if you look at the main forum tab top left

from that you'll find many forums

choose the forum of the named original creditor

and start a new thread there.

 

 

the bottom line is theres nothing other tha paying infull

tat will stop a dca going to court if they are minded.

 

 

however, without an enforceable CCA , they'd be rather stupid

 

 

you might well find once you start questioning your debts

that many will write back and stop their involvement.

 

 

dx

[mikeymack2002]

shiblets Those names that have already responded to you have given good advice, but those names in ORANGE are site team, They have more knowledge than most of us. Some of us take on all the advice and make a decision based on what has been given.

 

 

I have been where you are now as have many more, I am now debt free. The reason is because I followed the advice when given. We all have different ways in dealing with debt. But until you get your replies back re: CCA's there's not a lot they or we can do to help. This can take time after all. Basically all you can do is wait till you get your replies then pop back to update your thread...

 

 

As a side note you should now keep all of the letters you receive and never ignore Court papers if you get them, andyorch always gives the best help about what to do once/if papers are received...

 

 

Just sit back and wait for the responses to come back to you, then you can update your post accordingly....

[shiblets]

Thank you everyone so much for your help and advice, I will wait to get a response/or not get a response and then perhaps stop the payment s and see what happens. I am sure I will still need everyone's help and advice for the next stage but I will keep everyone informed of the update/outcome as it they occur

[shiblets]

Hi everyone,

 

So i have received a couple of replies from my CCA request, I am unsure what the next step is and whether the replies indicate a good sign or if they are fobbing me off?

 

Robinson Way have said "Following your request, we have today asked for a copy of the agreement/statement to verify that you are liable to pay the amount due. You account has been placed on hold temporarily pending receipt of this documentation and we will contact you again in due course." signed customer manager

 

Idem have said "thank you for you recent letter received on March 1st 2016 requesting information under section 77 of the CCA act 1974 in respoect of the above account. We will endevour to provide the requisite information within the next 12 days. Signed Case Handle/Concillator

 

I posted the CCA out on the 24th of feb, so i have received a reply within 7 days, do I wait with both accounts for another 12 days?

 

Sorry I know some of you have said to start new threads for each account, I have placed it on the same thread so everyone is not replying to the same topic several times.

[dx100uk]

12+2 working days to supply an enforceable CCA return.

 

 

if they fail that deadline..well its already discussed here in detail what you could then do.

[shiblets]

Hi everyone,

 

I posted out two CCA letters to Robinsons Way with two separate postal orderson the 24th of feb, so i have received a reply within 7 days. I am unsure what the next step is and whether the replies indicate a good sign or if they are fobbing me off and whether I should chase them in a couple of weeks time.

 

Robinson Way have said

 

"Following your request, we have today asked for a copy of the agreement/statement to verify that you are liable to pay the amount due. You account has been placed on hold temporarily pending receipt of this documentation and we will contact you again in due course." signed customer manager