Advice please DCA knocked at door

[barnicle]

Can anyone give me advice please

 

A DCA knocked at the door this evening on behalf of American express, my partner answered the door, and the man said is *********in please, my partner promptly said no.

 

My partner asked what was the purpose of his visit, and he asked my partner who he was to me and just reply her partner without giving his name.

 

The man then said that he was here on behalf of American express and their acting solicitors.

 

I thought these people were not supposed to give information to a third party. Also when he came over the other night he left a card with just his name and number and no details of his company etc.

 

I have not heard from american express since entering into and IVa in 2005 and the IVa failed in 2007. I have had no correspondance whatsoever with anyone or their representatives.

 

I have looked at the office of fair trading and feel they have breached a number of examples of unfair business practices. What does anyone else think??

 

All help greatly appreciated as i have this man wants me to phone him on a mobile number

[gizmo111]

Was this debt included in the IVA?

If the IVA failed are you considering Bankruptcy?

[barnicle]

Since the IVA failed noone has contacted me this is the first since FEB 2007 when the IVA failed.

 

I am considering bankruptcy as i have nothing valuable in my name, but would like to avoid it if possible

[pt2537]

Just a question but was it a charge card or credit card you had?

[gizmo111]

Since the IVA failed noone has contacted me this is the first since FEB 2007 when the IVA failed.

 

I am considering bankruptcy as i have nothing valuable in my name, but would like to avoid it if possible

 

What has your IP said the consequences of failure will be?

How much is the debt?

Have you any reasonable prospect of paying it back?

Have you claimed all charges?

[barnicle]

The card was a credit card combined with british airways

 

the total debt was around £8000

 

Cannot pay it back as i have been very unwell with a life threating condition so not in a position to pay back

 

Ip said because of illness

 

I have not claimed any charges, as i didnt want to acknowledge debt at this stage

[pt2537]

Now im the first to admit im not up-to-speed on IVA's but i thought they were normally suitable for people with debts over 15,000

 

i think gizmo has a valid point in the Charges. it would certainly be worthwhile looking at reclaiming the charges that they have levied on the account

 

also, just a thought, but is it worth looking at if the agreement is actually enforcable at all?

 

Regards

paul

[tomterm8]

Now im the first to admit im not up-to-speed on IVA's but i thought they were normally suitable for people with debts over 15,000

 

There are only a small percentage of debts where an IVA is suitable. IMHO, this is not one of them.

 

i think gizmo has a valid point in the Charges. it would certainly be worthwhile looking at reclaiming the charges that they have levied on the account

 

also, just a thought, but is it worth looking at if the agreement is actually enforcable at all?

 

Regards

paul

 

I wouldn't advise BR yet! if you can get the debt below £5,000, you can go for an administration order with composting order. It is possible none of the agreements will be enforceable, as paul said.

 

Sending off the credit agreement request and sars would be a good first step.

[barnicle]

Thanks paul for your reply

 

I presume you are talking about the CCA agreement? or the IVA agreement? Why do you think it could not be enforcable?

 

For the IVA it was over 15000 just the amex was £8000

[tomterm8]

Ah... misread your post...

 

even if an credit agreement was included in the IVA, you could still dispute it via the CCA 1974, if the agreement didn't contain the prescribed terms etc.

 

Was the IVA accepted, or by "fail" do you mean you broke the terms of the IVA?

[barnicle]

I broke the terms by being unwell and not in a position to pay back

[pt2537]

Hi

 

It is always possible that the agreement will not be in the prescribed format or signed by both parties or contain the wrong figures, to be honest there are many reasons why an agreement can be unenforcable

 

you would be surprised how many agreements we see are totally unenforcable

 

it would be worth looking into to see if this is the case with your agreement

 

Regards

paul