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

[Alacoque]

Thanks ECHAT11. It was opened about about 5 years ago. Eek!

[echat11]

Thanks so much. I will send the Third DCA a CCA request.

I have far from a legal brain, so sorry if I’m oversimplifying things here. If a ‘reconstituted’ application is legally acceptable, then why doesn’t the Creditor just send one of those to me?

Admittedly, the First DCA sent, by their own definition, '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.

Does that sound like a satisfactory ‘reconstituted’ application?

If the account was opened Pre - 2007, the Creditor needs to a copy of the original, not a reconstructed agreement.

[Alacoque]

Thanks so much. I will send the Third DCA a CCA request.

I have far from a legal brain, so sorry if I’m oversimplifying things here. If a ‘reconstituted’ application is legally acceptable, then why doesn’t the Creditor just send one of those to me?

Admittedly, the First DCA sent, by their own definition, '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.

Does that sound like a satisfactory ‘reconstituted’ application?

[echat11]

Thank you ECHAT11.

A letter from the creditor has arrived, a ‘notice of referral to external collections agency’, telling me my account has been cancelled (again) and all amounts are outstanding, i.e., no reduced offers here. And it includes another threat to register a default on my credit files, if not already registered.

The creditor also warns me about the ‘unsecure' nature of the internet and that the Third DCA is not responsible in the event of unauthorised access to my email account. Nice of the Creditor to be so concerned about my internet safety (?!). Suppose this is some kind of legal protection for the Creditor and the Third DCA.

Though the letter is addressed to me it is, unusually for the Creditor, not my full name as it appears on my account.

Am guessing that a creditor passing an account on to several DCAs is common practice?

Meanwhile, no sign of a signed agreement from the Creditor…..

Me personally, I would challenge the Creditor (where is the CCA?) or simply send the new DCA a CCA Request, they'll hand the account back to the Creditor, just keep on doing that. Until the Creditor realizes it's 'no go'.

Read Failure to Comply.

https://www.handbook.fca.org.uk/hand...ate=2016-03-07

[Alacoque]

Thank you ECHAT11.

A letter from the creditor has arrived, a ‘notice of referral to external collections agency’, telling me my account has been cancelled (again) and all amounts are outstanding, i.e., no reduced offers here. And it includes another threat to register a default on my credit files, if not already registered.

The creditor also warns me about the ‘unsecure' nature of the internet and that the Third DCA is not responsible in the event of unauthorised access to my email account. Nice of the Creditor to be so concerned about my internet safety (?!). Suppose this is some kind of legal protection for the Creditor and the Third DCA.

Though the letter is addressed to me it is, unusually for the Creditor, not my full name as it appears on my account.

Am guessing that a creditor passing an account on to several DCAs is common practice?

Meanwhile, no sign of a signed agreement from the Creditor…..

[echat11]

So, the almost four week period of radio silence from the Second DCA and the Creditor has come to an end…..with a call from a new DCA.

No message or letter yet from the Third DCA, though I expect one will arrive any day now…..

All kind of predictable.

[Alacoque]

So, the almost four week period of radio silence from the Second DCA and the Creditor has come to an end…..with a call from a new DCA.

No message or letter yet from the Third DCA, though I expect one will arrive any day now…..

[echat11]

Just adding a note here. Have just noticed three telephone messages from the Creditor - not the DCA (though they're possibly an outsourced partner for the Creditor) - left at 2 day intervals during the last week. Though I've blocked the number, they are still (annoyingly) able to leave messages.

Annoying, but blocking is the right thing to do.

[Alacoque]

Just adding a note here. Have just noticed three telephone messages from the Creditor - not the DCA (though they're possibly an outsourced partner for the Creditor) - left at 2 day intervals during the last week. Though I've blocked the number, they are still (annoyingly) able to leave messages.

[Alacoque]

Ok, I'll play the waiting game. Thanks for your help....

[echat11]

Yes, another ‘Settlement Offer’ letter has arrived from the Creditor (though I’m beginning to suspect it’s some kind of DCA that the Creditor outsources to, allowing it to use the Creditor’s logo and address). The ‘ offer’ is identical to the letter they sent a month ago and gives me a few days to ‘enroll’ in the offer.

No further letters have arrived from the Second DCA (whose last ‘offer’ was a for me to pay a large lump sum, larger than any sums payable in instalments offered by the Creditor).

I was called by an unknown number about two weeks ago. Didn’t answer it. I googled the number, turns out it’s another DCA that the Creditor is known to use. Blocked it and haven’t heard anything since.

I realise that I’m waiting for the Creditor to respond to my CCA request (made months ago now), which I sent to the Creditor’s head office. The Creditor is a huge company and I’m beginning to wonder if the CCA request has even been ‘processed', much less sent to the Creditor’s (possibly outsourced) collection department.

As all this progresses, will it be perceived as a ‘negative’ on my behalf that I’m not chasing to confirm if the Creditor is in receipt of the CCA request (I have proof of signature/receipt from the Royal Mail site)? Or continue to sit on my hands….?

As ever, thanks for an advice incoming…..

You could chase the CCA request, but you might be better waiting to see what they do next.
To date they haven't complied with it, so the debt is 'unenforceable'.

[Alacoque]

Yes, another ‘Settlement Offer’ letter has arrived from the Creditor (though I’m beginning to suspect it’s some kind of DCA that the Creditor outsources to, allowing it to use the Creditor’s logo and address). The ‘ offer’ is identical to the letter they sent a month ago and gives me a few days to ‘enroll’ in the offer.

No further letters have arrived from the Second DCA (whose last ‘offer’ was a for me to pay a large lump sum, larger than any sums payable in instalments offered by the Creditor).

I was called by an unknown number about two weeks ago. Didn’t answer it. I googled the number, turns out it’s another DCA that the Creditor is known to use. Blocked it and haven’t heard anything since.

I realise that I’m waiting for the Creditor to respond to my CCA request (made months ago now), which I sent to the Creditor’s head office. The Creditor is a huge company and I’m beginning to wonder if the CCA request has even been ‘processed', much less sent to the Creditor’s (possibly outsourced) collection department.

As all this progresses, will it be perceived as a ‘negative’ on my behalf that I’m not chasing to confirm if the Creditor is in receipt of the CCA request (I have proof of signature/receipt from the Royal Mail site)? Or continue to sit on my hands….?

As ever, thanks for an advice incoming…..

[Alacoque]

Thanks so much ECHAT11. Just recap, First DCA tried to pass off 'documentation' which they later admitted wasn't the CCA and advised me to ask the Creditor. Which I did.
Radio Silence going on for 8 weeks.....

[echat11]

a) Are these settlement letters issued to make them look ‘reasonable’ (and me unreasonable by not taking them up on it) in the event we end up in court?

It might be that they can't find the CCA, there might be more discounted offers, keep an eye out for them.

b) No sign at all of a reply from the Creditor to my CCA request,

They have limited options until they provide a copy of the CCA.

[Alacoque]

Have received a second letter from the Second DCA (dated 9 days after their previous letter which ‘generously' offered to reduce my monthly payments by £200), making me a 'settlement offer’, discounting the amount owed by about a fifth - ‘if you are able to make the reduced payment amount, this will be treated as final settlement of your debt and it will appear on your credit file as partially settled.’

The offer is valid for 10 days - not much good as it arrived shortly before the expiration date. Also, if I was struggling to make the monthly payments, why do they think I can suddenly magic up a far more substantial amount?

The ‘offer’ is not as ‘good' as the Creditor’s ’settlement offer’, which expired a few days ago.

Are these settlement letters issued to make them look ‘reasonable’ (and me unreasonable by not taking them up on it) in the event we end up in court?

No sign at all of a reply from the Creditor to my CCA request,