Capquest & 1st Credit - Agreements

[trodat]

Hey,

 

After some advice....

 

In 2009 I sent letters to the above DCA's making an offer to pay my outstanding debts over a 48 month period for a set amount.

They agreed to the payment in writing however they didn't actually agree to the term of the repayments (something I have literally only noticed).

 

I am now in a situation that I cant carry on the payments over the remainder of the term

however I can clear what would be left owing (in accordance with the terms I set out i.e. set figure over 48 months)

 

They are now saying that is not the case and that I still owe the balance.

IS there anything I can do as I made it very clear in my letter the repayments were over 48 months ONLY!

 

Also as the accounts are defaulted if I stop paying them can they claim a CCJ?

Or make the debt stay on my credit profile longer.

The defaults are due to come off in 2014 and I don't want to make the situation worse.

 

I hope this makes sense, at my wits end here so would appreciate all the help I can get.

[trodat]

Sorry if it doesn't make sense - bloody angry.

 

They are asking for the initial balance minus the 33 payments I have made. However I have a redundancy sum of money and I was looking to pay the remaining 15 x payments to them to finish the 'agreement'

 

I have looked into requesting a copy of my CCA but no idea what I am doing now tbh ha - thanks

[ims21]

What are these accounts for?

 

Loans, credit cards?

 

Who were the original creditors?

 

Are the DCA acting for the original creditor or have the debts been sold on to them?

 

Before making any offer of a F&F you should look to reclaiming any unlawful charges on the accounts.

[trodat]

Defaults are:-

 

2 x Credit Cards

 

1 x Mobile Phone

 

I have no idea if they are acting on behalf of or have bought the debt! Original creditors are Marbles and T-Mobile. However 1 of the credit cards DCA (iQor) are saying they passed the default back to Halifax.

 

Looked into requesting CCA's and all that but quite frankly have no idea what to bloody do!

[ims21]

Check your credit file and see whose name is against these debts

 

Noddle is free

 

https://www.noddle.co.uk/

 

If the debts were sold you should have received a "Notice of Assignment" in respect of the debt.

 

Send a CCA request to the DCAs connected with the credit cards, template is here http://www.consumeractiongroup.co.uk/forum/content.php?414-CCA-request-letter

 

Send a Subject Access request to the card companies, template is here http://www.consumeractiongroup.co.uk/forum/content.php?552-Data-Protection

 

It would also be useful if you could list the accounts, amounts outstanding and the DCA who is chasing each one

[trodat]

Right:-

 

Marbles CC passed to Capquest for a sum of around £2,200

 

Halifax CC was passed to iQor and now seems passed back to Halifax for a sum of £4,100

 

T Mobile passed to Capquest sum of £700

 

I also have a 1st Credit which was Barclays CC sum of £5,000

 

The sums are no where near what they were when I was made redundant however charges etc, etc have made them look very healthy!

 

So I assume based on the advice above I send a CCA request to Capquest and 1st Credit and a Subject access request to Halifax?

[ims21]

Right:-

 

Marbles CC passed to Capquest for a sum of around £2,200 - CCA Capquest and SAR Marbles

 

Halifax CC was passed to iQor and now seems passed back to Halifax for a sum of £4,100 - SAR Halifax

 

T Mobile passed to Capquest sum of £700

 

I also have a 1st Credit which was Barclays CC sum of £5,000 - CCA Ist Credit and SAR Barclaycard

 

The sums are no where near what they were when I was made redundant however charges etc, etc have made them look very healthy!

 

So I assume based on the advice above I send a CCA request to Capquest and 1st Credit and a Subject access request to Halifax?

 

ims

[ims21]

What is the history of the mobile phone debt? CCA request probably won't get anything as it is not a credit agreement as such but you can SAR T-Mobile

[trodat]

What is the history of the mobile phone debt? CCA request probably won't get anything as it is not a credit agreement as such but you can SAR T-Mobile

 

I stopped the DD a couple of months early (apparently)! I was just going to make and offer to DCA and see how it went tbh!

[trodat]

ims

 

Once I get a reply to the CCA and SAR what do I do then - or should I wait for the reply then come back on here?

[ims21]

The CCA will determine whether the DCA has a right to collect.

 

SAR info will allow you to out together a claim for any unlawful charges which you can claim back.

 

Also check your credit file on Noddle as above