Whatexactly means "instruction......

[blutejpj]

Hi,

 

I'm in a bad finacial way. i have fallen behind on a lot of bills like sky/catalogues/credit cards. Anyway as expected I am receiving letters from DCA's saying they "they are acting on behalf" or "our client has instructed"......

 

Does this mean that my debts have not been sold ? and that the original creditors are the ones I should be talking too ?

 

[Guest Zooman]

No you should now be talking to the DCAs, I would recommend that you write to them and make offers of payments you can afford and explain the way you want to pay them. I am happy to help with any letter writing.

[Guest Zooman]

a heads up if you want to keep your Sky on you must clear the debt.

[blutejpj]

Hi zooman,

 

Again, thankyou for your advice. You have answered another query of mine recently.

 

Firstly, sky, they are impossible. I tried to cancel my subscribtion, but kept being put on hold.....in the end the only way to stop was to stop paying them. It worked but now the DCA's are on my case....

 

Secondly, I keep following threads about asking for a copy of the agreement, if one cannot be produced,then the debt is unenforceable (spelling check!).

 

I want to right to all my creditors to get a copy of agreements (mainly because my filing of old is appaling, so I would like a fresh copy of all agreements).....however should an agreement not be found, it would appear the debt cannot be enforced.

 

Therefore should I write to DCA or original creditor?

[Guest Zooman]

I personally think in most cases there is very little to be achieved, by the asking for a copy of the agreement. If the case is fresh they will turn up, it may not be on time but it will turn up, and they will just determine it to be stalling tactics from you. BTW I'm not sure if Sky is covered by the CCA I will check.

[blutejpj]

I agree.

 

One of my loans is now 4 years old. I quite happily paid it for the first 2years (5 year loan), and then I remorgaged to clear everything. My big mistake was not to ask for a redemption figure. i purley worked on my own calculations. Therefore, after securing the remorgage, then asking for a redemtion figure, we were about 5k apart (there's being the higher).

 

Now I suspect (and I will now show my ignorance) that i got mixed up with paying off capital and not interest, therefore the first two years I was paying off the interest only, and probably wouldn't start paying off capital until year 3.

 

Anyway........I have no documention for this loan, would like some?

[Guest Zooman]

I have used a more toned down letter here, and remember this does not give you grounds not to pay in the interim.

 

 

 

1 High Street,

 

 

 

 

Newtown,

Kent

R21 4RH

 

June 28, 2006

 

 

The Loan Company

Company House,

Church Street,

Newtown,

Kent,

R1 7HG

 

Dear Sir/Madam

 

Re:− Account/Reference Number 4563210025897412

 

With reference to the above agreement, we would be grateful if you would send us a copy of this credit agreement.

 

We understand that under the Consumer Credit Act 1974 (Sections 77−79), we are entitled to receive a copy of our credit agreement on request. We enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

 

Thank you in your assitance in this and we look forward to hearing from you.

 

Yours faithfully

[blutejpj]

Cheers for that.

 

Can I go back to my first post/your first reply.

 

Do the DCA's now own the debt ?

[Guest Zooman]

maybe you should ask them.