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

[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]

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]

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]

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

[Alacoque]

Since my credit card account was opened after 2007, is it still a good idea to send a CCA request to the Third DCA?

Thanks in advance....

[echat11]

Since my credit card account was opened after 2007, is it still a good idea to send a CCA request to the Third DCA?

Thanks in advance....

I prefer to be pro-active, so for me it's a good idea, hold off see what they do next.
They are clearly having difficulties getting hold of it.

[Alacoque]

Ok, will go ahead with the CCA request.

But what I can't grasp is.....if a 'reconstituted' agreement is legally acceptable, then why doesn't the Creditor just put one together. Or is it more complicated than just conjuring one out of thin air.

[MIKE770]

If a CCA1874 request outstanding leave it alone regardless who initially you sent it to, more pushing will make them did deep?do not keep sending as a DCA has no records only debt purchases or originators.

[echat11]

With DCA's there seems to be a sequence that they acquire the debt, like strongest, ending with the weakest. I think this is the third, so hopefully they'll leave it.

[Alacoque]

Mike770 and Echat11, thank you both so much. I am bewildered as to why the Creditor doesn't just throw together a legally acceptable agreement. I have a feeling that my CCA request is just sitting, ignored, in some cupboard at the Creditor's head office or, more possibly, thrown away. I've ignored the Second DCA and am presently ignoring the Third DCA. Hope this doesn't provoke the Creditor into to taking the matter to court.....

[Alacoque]

A ‘nothing’ update here - the Third DCA has been keeping a very low profile. They’ve called once (didn’t leave a message), texted twice and sent one letter in which they state they’re ‘here to help you find the best solution to fit your needs’. It’s dated three weeks ago but only recently arrived. I’ve blocked the various numbers they’ve used for the call and the texts.

Still no sign of a response from the Creditor to my CCA request….

[MIKE770]

Sit on hands their problem may they forever look for one and never find one. do not contact them, or chase for one. No CCA no CCJ.

[Alacoque]

Mike770, huge thanks for your post, your advice. I don't intend to make any moves!!

[Alacoque]

Two emails from the Third DCA arrived today, within about 30 minutes of each other.

Here’s the gist of the first email: ‘…..to finalise your account, our client has agreed to accept a one-time payment of £X as settlement of the outstanding balance on your account of £X….please note this offer is a limited time offer. If this account is recorded on your credit file, once a reduced settlement amount has been paid, it will be updated as partially settled, not as settled or satisfied.’

The one time payment amount is pretty substantial, half the (rather substantial!) balance, which has been larded up with ongoing interest. No deadline to accept their ‘offer’ is stated.

The second email is more along the lines of ‘we haven’t heard from you’. As though the sender hadn’t seen or read the previous email.
And no sign of the Creditor responding to my CCA request….