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

[Alacoque]

Thanks so much for your speedy reply. Should I send a chaser to the Creditor re CCA?

[MIKE770]

No their problem. Hopefully never find a compliant one sit on hands for now

[Alacoque]

Ok, thank you MIKE770. Will hold on and do nothing and wait to see what their (combined) next move is. Interesting that the Creditor has been in touch directly, after telling me in a previous letter that all communication must now be with Second DCA.

I tracked the CCA letter to the Creditor, it has definitely been received and signed for, 7 weeks ago.

[Alacoque]

I received an email today from the Second DCA (addressing me by the incorrect honorific). I’m concerned because it’s come to my work email (which the Creditor had) and I don’t want them sending letters (or bailiffs!) to the company address.

The email uses ultra polite language, they want to’ 'discuss a repayment arrangement that suits your financial ability’ while warning me the internet can be ‘insecure’ and if I don’t encrypt my emails, the Creditor will not be responsible for ‘unauthorized (sic) access’ of my email account.

After I wrote to the First DCA to stop calling and emailing and to only communicate with me via post, they compiled. Is there any reason I shouldn’t do the same with the Second DCA?

On a separate issue, I really, really do not want to end up a litigant in person in court. I realise it is essential for the Creditor to find the original agreement. If they do not, is the debt truly not enforceable?

As ever, huge thanks for any replies or advice!

[Alacoque]

For what it's worth, I just realised the email was sent to me by the Creditor, not the Second DCA. The phone number listed is definitely for the Creditor. Although I'm guessing it would still take me somehow to the Second DCA if called. I've blocked the email address.

[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,

[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]

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.....

[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…..

[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]

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

[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.

[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]

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]

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.