DCA Help Needed PLEASE

[masonchat]

Hi

I have credit card debt of 7k it is 4 years since i dealt with the bank. Card was obtained in 2004/2005 via a from from news paper.

 

I had letters from DCA before which i ignored , all went quite for a long time untill last week i again received a letter from DCA saying details of account have been passed to them and they would be intouch with payment options.

 

I have never had contact with any of the DCA firms.

 

DO i continue to ignore them and hope another 2 years pass ? or ask them for a CCA and SAR.

 

Currently letters are going to parents house if i emailed them MY address or asked for CCA/SAR would that effect statute barred i.e would the 6 year clock start over.

 

I am in ireland if thats any relevence .

 

Any help really appreciated

[renegadeimp]

Yep. Ignore until something of substance comes through. Not letters that say "if, might, could, may" etc

[masonchat]

Something of note being court summons ?

 

Is it too ;ate then to ask for CCA/SAR am i right in thinking if card signed for pre 2007 then CCA must be the origional signed one ?

 

My one fear is that they call to parents house as i dont want to upset them with this

[Desperate Daniella]

Which DCA?

[masonchat]

DCA are called the everyday group

[renegadeimp]

Can you post up one of the letters theyve sent?

[masonchat]

SORRY dont have a scanner can tell you what it says if any good?

[renegadeimp]

You can use a smartphone, or type it up if you want.

 

The key to knowing whether to ignore it is how it is worded. If they have used certain words then it can be ignored.

[masonchat]

KK thanks will type it now 2min

[masonchat]

my name

my address

 

our ref no xxxx

 

dear me

 

xxxcard services

acc ref no xxxx

debt outstanding 7k

 

Your account details have been passed to us by xxx card services to act as a collection agent and we will now be dealing with your account.

 

We offer a flexible approach to repaying your acc and have different options that suit a wide range of individual circumstances. YOU MAY HAVE BEEN UNABLE TO FIND A SUITABLE REPAYMENT PLAN ON THIS ACCOUNT PREVIOUSLY {sorry caps} and we believe we can help you repay the account.

 

If you are experiencing financial difficulty our staff are fully trained to assist you with your current situation and have a range of options to help.

 

We shall be in contact with you during the next 7 days by letter and or phone in order to discuss your repayment options in detail.

 

In the meantime if you want to contact us you can telephone xxxx visit our website xxxxxxx or you may make use of one of the below payment options

 

 

your bla de bla de ble

[masonchat]

What im most curious about is weather or not me emailing them my correct address with no mention of said debt would adversely effect statute barred i.e would it be assumed as accepting the debt by not objecting to it in my first contact ? can anyone shed some light on this for me please

 

Also can a CCA and SAR be requested at the same time or is there a certain order to follow.

[Desperate Daniella]

I can't find anything about this group apart from the fact that they only operate in Ireland, but the letter isn't threatening any kind of immediate action, so personally I'd probably ignore it for now.

 

You aren't admitting anything by requesting the CCA/SAR, but you may want to hold back until you next hear from them. If they get difficult or threatening you can then request the CCA/SAR. Get as close as you can to the six year statute barred date. The longer you ignore the letters the more time is passing. The clock doesn't restart unless you acknowledge the debt in writing or do so by making a payment on the account.

[masonchat]

Thanks very much for the advise , gonna be a long year and a half

[masonchat]

lets assume in a years time i have to ask for CCA and they supply one am i then more or less screwed , or could i still try and wait it out after the CCA provided court didnt happen before 6 years are up , or does proceedings just have to be started before the 6 years are up

[Desperate Daniella]

Proceedings would have to be started before the six years are up. However, if the previous DCA didn't try and start proceedings it may indicate they didn't have the credit agreement in the first place. Which bank was it? Some do produce agreements but it's clear from loads of threads here that some agreements are very unlikely ever to be produced. It really does depend on the bank.

[masonchat]

the bank is AIB probably fairly on the ball id say

[Desperate Daniella]

There's not a lot I can find immediately on AIB. One judge allowed a summary judgment, but the important fact there is that the credit agreement was never supplied. That was back in 2010. There may be more stuff about them. I'll have another look tomorrow.

[masonchat]

Thank you very much

[masonchat]

sorry but does One judge allowed a summary judgment mean that the judge sided with the bank despite no credit agreement be provided ?

[Desperate Daniella]

I only skimmed through the last few posts but apparently he did, and then the thread stopped abruptly. Some judges do side with banks, even though they should not be doing so. It's very important if anyone is taken to court that they know how to defend themselves properly and can quote chapter and verse at the judge. Debt collectors go for summary judgments when they know they do not have the necessary paperwork because some judges will let them get away with that, and it saves them having to come up with proof. However, many people on this forum have successfully defended summary judgments.

[Desperate Daniella]

The tone of the letter you have received is very mild. I really wouldn't do anything at the moment. However, it they do start getting antsy then you make it clear in your letters that you want proof and that you are going to be very difficult if they don't provide it.

[masonchat]

found the case actually , very interesting thanks again , if i was going that route id get a solicitor anyway id say

[masonchat]

must go to bed try and sleep , you have a good night

[Desperate Daniella]

found the case actually , very interesting thanks again , if i was going that route id get a solicitor anyway id say

 

Probably the best thing to do.

[Desperate Daniella]

must go to bed try and sleep , you have a good night

 

I have only just realised the time. I was reading the papers online.

 

You have a good night too.