DCA - Help, what do i do now?

[bernardski]

This is the 2nd loan i had with them, (as far as i remember the first had PPI too and was led to believe it was compulsory) this paid off the remainder of the first, cleared my od (which i then cancelled) and my bank issued cc, didnt want to take the loan refinancing as it would not include debt other than their own and i had another cc i needed to clear at the time.

 

There is no commencement date on it at all but if you read the cover page in 1.pdf they say they do not need to include it or even personal information, how can this be?

 

Bernardski

[teaboy2]

Its a reconstructed version, so they can leave them out, but the letter i linked to would make it clear that they would need to have everything included, basically they would need a signed copy of the original to enforce it.

[bernardski]

Ok i will get that saved on my computer ready to use.

Do you think i should hold off for the minute though?

This letter was from the OC (although i never contacted them) and was sent 2 days before the DCA sent me a letter (in response to dispute letter i sent) saying the account is on hold until they can provide me with the requested documentation.

Should i wait until i receive contact from the DCA first as apparently they now own this debt and the clocks ticking all the time??!!

 

Bernardski

[teaboy2]

yeah you can hold off to see if the DCA knows the sent it, though i expect they will know. See what happens next week.

[bernardski]

Thanks Teaboy,

 

Will hold off and wait for the min but will have that letter ready to go just in case.

Will update again when i hear something back from them.

Thanks for your help.

 

Bernardski

[Bazooka Boo]

I don't see any right to cancel, however, paperwork arguments are now pretty hard to argue in light of recent events, and with the likes of debt management companies abusing the whole process..

 

IMO I would send them the "questionable" letter and wait and see what their next move will be.

 

Are you currently paying anything towards this? They will either put up or shut up, so if they believe they have all of the correct paperwork to make this stick in court, they will issue you with a summons, which might sound daunting but can be defended.

 

Have you worked out your own I&E? http://www.nationaldebtline.co.uk/england_wales/budget_sheet.php?country=england_wales

 

At least that will give you an idea of what you can realistically and comfortably afford to pay if the time comes.

[bernardski]

Havent made a payment to this since september 05 if the statement of arrears is correct, as you can see from the attachments there is no signature, it says on the so called "Credit Agreement" http://www.consumeractiongroup.co.uk/forum/attachment.php?attachmentid=27584&d=1305371098 in the top right hand corner Non-Cancellable.

 

I received this from the OC 2 days before the DCA wrote to inform me they had received my Dispute letter, saying no collection activities will take place till the documentation has been provided and they will send updates as they have them.

 

Should i wait till the DCA send me the so called Credit agreement before i respond (as i never actually contacted the OC about it), and would then be the right time to send the Questionable Agreement letter?

 

Thanks for taking the time BB

[dx100uk]

sit on it

 

dx

[Bazooka Boo]

Ditto..

[bernardski]

Thanks, i will update when i receive anything more.

[bernardski]

Well, a bit of a welcome surprise arrived in the post.

 

I got a letter from the DCA saying that have been liasing with the OC, and that they can't supply me with a true copy of the credit agreement. This is supposed to be because of the length of time since i opened the account. They have said they are now cosing their file and i will hear nothing further from them regarding the matter........ Unless they can get hold of the agreement in the future!!

[Tootles1971]

well that's good news! Fingers crossed this is the end of it!

[bernardski]

Yeh im hoping so, it just made such nice and very welcome reading to be honest.

It makes all the sleepless nights and all the hours i have spent on here doing research seem so much more worth while.

A big thanks to everyone who spent their time offering advice and guidance to me with this.

To those going through similar, please don't despair and most definitly don't give up.

 

Thanks all, Bernardski

[Bazooka Boo]

Well done, another one bites the dust! Keep a copy of that letter filed away, just in case some other clown outfit chances their luck.

 

What, if anything, is on your CRF? Although it will drop off this year.

[bernardski]

Nothing on my CRF, they removed the entire entry when i sent the CCA request through to them.

I thought it was a bit weird at the time but i'll take it for sure.

 

Keep a copy?? Are you kidding me i was thinking of framing it!!

[Bazooka Boo]

Keep a copy?? Are you kidding me i was thinking of framing it!!

 

Hang it in the toilet!

[bernardski]

Quick update! If i'm honest i wasn't expecting to hear anymore regarding this but here goes......

 

I have received yet another letter from the DCA!!

 

This letter basically (with the odd tactfully omitted / edited word) goes along the lines of......

 

Dear Bernardski,

We write reference the above account.

Unfortunately, the OC has been unable to supply your requested information.

After reviewing your account we are prepared to take certain view relating to this matter

and as a gesture of goodwill and without an admission of liability, we have decided to close

the account and write off any outstanding balance.

 

However should the requested information become available in the future we reserve the right

to reinstate the balance and contact you to recover the full balance owing.

 

Yours sincerely

 

Mr DCA

 

 

So the short more honest version (what they actually mean),

 

We messed up and cannot prove anything.

Because we want you to think we are so nice and that its not our fault,

we have decided to write this off and close the account but......

Give us half a chance and we'll kick you square in the nuts!

 

 

Can anyone shed some light on this, either the debt is written off or it isn't?

Can they honestly tell you it is written off then come chase you again for it?

Where do i stand with this now?

 

Any help most gratefully appreciated

 

bernardski

[ims21]

Sounds like a result to me.

 

I would sit back and relax. If they can't find the docs now (possible there aren't any) any future ones maybe a bit sus!

 

Keep the letter and forget it.

 

Before you know it will be SB!

 

ims

[bernardski]

Thanks ims,

that is the plan i just wish they would send even 1 letter that is not self conflicting with everything they are saying.

That is the second account closed letter i now have from them.

On the bright side though......

 

Following a marvelous suggestion from Bazooka Boo i now have 2 pictures for my toilet wall!!

 

B :whoo:

[Bazooka Boo]

The clock is still ticking, they simply don't wish to lose face and have sent you a letter which to all intents and purposes says that their dad can do the proverbial farther than your dad, but don't want to prove it.

 

File it ignore it, and if they darken your doorstep again, or any other moron for that matter, you simply tell them to go forth.

If they can't produce the docs now, then if something turned up at a later date purporting to be them, I would be extremely sceptical!

[bernardski]

As always sound advice, thanks.

 

B

[ims21]

Thanks ims,

that is the plan i just wish they would send even 1 letter that is not self conflicting with everything they are saying.

 

Its those flying pigs again!!!!

[sillygirl1]

Report them now to the OFT for not complying with the CCA request and for their letter which intimates that they can do something when they can't.