I defaulted on a credit card, need advice on what to do next.....

[Alacoque]

Hi,


Apologies if I'm posting in the wrong section!

My business (like many others) was badly hit during lockdown(s). I had one credit card and recently struggled to make payments. I stayed in touch with the creditor but, after 3 months of no payments, my card (with substantial balance) was cancelled and passed to a DCA who are aggressively pursuing me (calls, texts, letters, emails). They’ve offered to freeze the interest on the debt if I make payments in the identical amounts that would have kept the card active (?!).

My question is - should I send a CCA letter or a Subject Access Request to the DCA?

Except for a tiny pension, I have zero income at the moment, though hope this will change in the future. I also don’t have any assets - no property, no car. I really want to avoid going to court or being bankrupted. Is there a possibility of the DCA accepting a very small monthly payment?

I’ve refrained from mentioning the creditor or the DCA by name as I’m paranoid they might cruise consumer sites in the hope of identifying the debtor and their potential strategy.

Many thanks in advance for any advice!

A.

[echat11]

O.K, try to stay calm. Things always seem a lot worse then they are.

a) Send a CCA request, they have 12 days to provide a copy of the agreement. Make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...etter-example/

b) Send a SAR request, they have 30 days to provide all the data on the account, over a 6 year period. Make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...ccess-request/

c) Fill in a Income and Expenditure form, make sure you take account of the cost of living, food, utility etc. If you are left with £1 to pay each month, so be it. A court will only ask you to pay what you can afford each month.

https://www.citizensadvice.org.uk/de...tors---letter/

If they continue to harass you with communications update the thread.

[Alacoque]

Thank you, thank you so much! Will do!! I really want to stay out of court....

[Alacoque]

The day before I sent off the CCA and SAR letters to the DCA, all their activity stopped abruptly - no phone calls, emails or texts. Am nervous they’ve moved on to the solicitor stage.


I haven’t yet sent them my I&E form. News about possible benefits is imminent. And I’m also trying to understand the significance of whatever the DCA replies will be to the CCA and SAR letters. I’ve looked into it but remain confused…..

Thank you in advance for any help!

[echat11]

a) The day before I sent off the CCA and SAR letters to the DCA, all their activity stopped abruptly - no phone calls, emails or texts. Am nervous they’ve moved on to the solicitor stage.

Try to stay calm. They would have to follow Pre action protocols, i.e. send a letter before action, etc.

b) I haven’t yet sent them my I&E form. News about possible benefits is imminent.

That's o.k., there is time to do that, as they should send you one to fill in.

c) And I’m also trying to understand the significance of whatever the DCA replies will be to the CCA and SAR letters. I’ve looked into it but remain confused…..

The CCA will ascertain whether they can pursue the debt through the Courts, the SAR will provide lots of information which may be relevant.

[Alacoque]

Thank you for the clarification! Staying calm. Thanks to you.

[Alacoque]

Update.....no reply to the CCA request (now over 12 business days), no acknowledgement of that or the SAR request I sent.
Just email after email, telling me 'The minimum payment required is £'. In other words, nothing??
I posted another letter today, again requesting contact only via post and enclosing copies of the CCA and the signed Royal Mail receipt and SAR.

[MIKE770]

Do not chase up CCA they know the rules do not do their work or remind them. Dsar 30 days

[echat11]

Stay clam, remember there has been a couple of Bank Holidays, DCA's leave the mail to collect dust before they finally open the mail, so there's a week gone there.

Which year did you open the Credit Card Account?

[Alacoque]

Thanks! I factored in the weekends and bank holidays when calculating the 12 business days to respond.

The account was opened in 2018

[Alacoque]

So, in a letter dated 5 business days after the 12 business day allowance to reply to my CCA request, the DCA sent (by Second Class post) what they define as 'documentation' provided by the creditor 'in respect to your request for a copy of the original agreement for the account...' It is a lengthy credit card agreement that appears newly printed. Though my name and address are printed on the front page, the signature box is unsigned, as is the 'authorised by Creditor' box. Wouldn't a copy of 'the original agreement' be signed by me and the creditor?

Not sure if any of this is significant?

Also, the DCA has yet to ask for an I & E form to be completed.

Tomorrow is the 'calendar month' deadline for a response to the SAR.

As ever, thanks in advance for any help on this....

[echat11]

So, in a letter dated 5 business days after the 12 business day allowance to reply to my CCA request, the DCA sent (by Second Class post) what they define as 'documentation' provided by the creditor 'in respect to your request for a copy of the original agreement for the account...' It is a lengthy credit card agreement that appears newly printed. Though my name and address are printed on the front page, the signature box is unsigned, as is the 'authorised by Creditor' box. Wouldn't a copy of 'the original agreement' be signed by me and the creditor?

Not sure if any of this is significant?

Also, the DCA has yet to ask for an I & E form to be completed.

Tomorrow is the 'calendar month' deadline for a response to the SAR.

As ever, thanks in advance for any help on this....

Remember to stay calm.

a) Though my name and address are printed on the front page, the signature box is unsigned, as is the 'authorised by Creditor' box. Wouldn't a copy of 'the original agreement' be signed by me and the creditor?

Depends when the agreement was taken out, was it taken out online?
What date did you take it out?

b) Not sure if any of this is significant?

Might be dependent on the date.

c) Also, the DCA has yet to ask for an I & E form to be completed.

But it's a good idea just to get that done, so it's ready, if they do ask.

d) Tomorrow is the 'calendar month' deadline for a response to the SAR

You might have to send a follow up letter, but lets see.

[Alacoque]

Thank you.

It was taken out in 2018, can't remember the exact date.

I responded to an offer that came through the post to me. I want to say I posted back the application, not completed it online, but I'm not one hundred percent sure.

Will ready the I&E and let's see what this week brings, re SAR.....

Thanks again.

[Alacoque]

So, radio silence from the DCA re the SAR request, which was posted first class 61 days ago. I resent the SAR request 41 days ago, also by first class post.

Nothing.

Should I leave it or follow it up?

Also, unsure as to the validity of the copy of the 'original agreement' that was sent to me.

What to do next, if anything.....?

Many thanks n advance....

[echat11]

So, radio silence from the DCA re the SAR request, which was posted first class 61 days ago. I resent the SAR request 41 days ago, also by first class post.

Nothing.

Should I leave it or follow it up?

Also, unsure as to the validity of the copy of the 'original agreement' that was sent to me.

What to do next, if anything.....?

Many thanks n advance....

a) So, radio silence from the DCA re the SAR request, which was posted first class 61 days ago. I resent the SAR request 41 days ago, also by first class post. Nothing. Should I leave it or follow it up?

You could make a formal complaint to the ICO regards SAR, they will chase the Creditor. You could lodge a formal complaint with the Creditor, follow their complaints procedure, if you aren't happy with the response, you could complain to the FOS. Complaints to the ICO are time sensitive. Or wait to see what the DCA does next.

b) Also, unsure as to the validity of the copy of the 'original agreement' that was sent to me.

From what you say the CCA they sent is odd, look at it again once you get another response from the DCA.