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

[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]

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]

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.

[MIKE770]

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

[Alacoque]

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

[MIKE770]

no CCA no pay.

the old hat contact us partial settled on credit file is as bad as full default. on other. see what next if anything?

[Alacoque]

Thank you ECHAT11 and MIKE770.

Two letters arrived this week.

One from the Creditor with a ‘settlement offer’. It’s undated but the ‘offer expiration’ is in three days. The language is faux sympathetic, about how sometimes life is hard, etc. They offer three ‘flexible' options: one payment minus a third of the balance, six monthly payments totalling a little more than two thirds of the balance or twelve monthly payments totalling a bit more than three quarters of the amount. They state if I make a payment by the deadline, they will register the debt as ‘partially settled’ with the credit bureaus. The options are all completely unrealistic, given I was unable to even make the minimum monthly payments, hence the default. Their ‘experienced team’ is happy to discuss about any concerns I have. On the reverse of the letter is a list of organisations for ‘free money advice’. The final line says ‘Creditor does not charge any fee for sending applications or statements….’

Second letter is the first communication from the Second DCA, dated at the start of the month though only received this week. It tells me my card has been cancelled due to none (sic) payment and has now been referred to them. Their ‘aim’ it to help me 'achieve’ repayment of the entire balance, which is £1k less than the balance stated on the Creditor’s letter. If I agree to a monthly payment of slightly less than I was already unable to pay, interest charges will ceases. If I can’t afford the minimum payment, I’m asked to complete an I&E form over the phone or online and I’ll be referred to a ’specialised Financial Difficulties team’. If I fail to engage, they’ll register a default with the credit agencies, if this hasn't already been done. The letter then directs me to the website where, among other things, I can work an affordable payment plan, propose a payment plan or request a discounted settlement amount.

Still no sign of Creditor’s response to my CCA request (the First DCA tried to pass off 'documentation' as the signed application, then admitted it wasn't and advised me to ask the Creditor).

I need to make a move/respond but, given I have zero income at the moment, am not exactly in a good place to negotiate from, so any advice gratefully received.

[MIKE770]

CCA1974 deadline 12 + 2 days , unenforceable until / if ever they find a compliant one

[echat11]

Update when you get meaningful information from them.

[Alacoque]

Belated thanks to Mike770 for the zen advice!

And thank you ECHAT11 for clarifying the difference between ‘assigned’ and ‘transfer’. It's a minefield of misleading vocabulary!

This is kind of a ’non update’ but I am wondering/worried about the non activity, as though it could be a prelude something…..awful.

No reply from the original Creditor to my CCA request, received by them 26 business days ago. I understand the reply deadline is 30 business days. Sitting tight, no immediate plans to chase.

I received the Creditor’s letter to me advising me of ‘referral to external collections agency’ over 5 weeks ago. Curiously, no correspondence at all from this Second DCA. Nothing in writing.

Second DCA did call once, a few weeks ago. I didn’t recognise the number, didn’t answer and looked it up and saw it was the Second DCA. I blocked the number. I had also blocked the number from the First DCA but they continued to try from different phone lines when they had my account. Second DCA tried once, didn’t leave a message and hasn’t tried again.

Today I got a call from an unfamiliar mobile. Didn’t answer. I called it from a withheld number, got a professional sounding recording (i.e., not your usual mobile recorded greeting), inviting me to leave my name and phone number. Naturally, I did not.

A few hours later, I see a call on my mobile from a number that looks vaguely familiar but am not inclined to answer it. I later realise it looked familiar because it was the original Creditor calling. They didn’t leave a message. The Creditor hasn’t me called since they turned my account over to the First DCA.

Since nothing has really happened, I understand if the post doesn’t merit any feedback. It's more like I’m keeping on top of the chronology of….non (but possibly related?) events…..

[echat11]

The letter from the creditor says the amount outstanding is 'payable in full' and the account has been 'transferred' (i.e., not assigned). Will keep an eye out for any 'assigned' language

Thank you so much for the advice and also for the vote of confidence.....equally and massively appreciated.....

When it's been 'assigned' you normally get two letters, one from the seller and one from the buyer.
Transfer isn't the same thing.

[Alacoque]

The letter from the creditor says the amount outstanding is 'payable in full' and the account has been 'transferred' (i.e., not assigned). Will keep an eye out for any 'assigned' language

Thank you so much for the advice and also for the vote of confidence.....equally and massively appreciated.....

[echat11]

a) Am I correct in guessing this ‘external collections agency’ has bought the debt?

Not unless they've sent you letters of 'assignment', in the letter it will specify the debt has been sold.

b) If I don’t get a response to the CCA request from the creditor, shall I continue to follow up on it with them?

Yes, good idea, just remind them they haven't responded to your CCA request and they are in breach of the FCA's Guidelines on CCA requests.

c) I have yet to hear from this new agency, but am thinking when I do that I should send them a CCA request and an SAR?

You don't need to send a new request, you merely need to write, that on such and such date you sent a CCA request as per FCA Guidelines, but your request is still outstanding and as such you are minded to lodge a Complaint with the FCA.

d) Finally, is the fact the creditor has now switched DCAs indicative of a new, more aggressive strategy?

Could be, but you are more then a match for them.

[MIKE770]

only bought if you receive (Usually in one envelope) a letter introducing a buyer and a letter from company day they sold it).

no more CCA you already request no DSAR at this stage, slow down sit on hands., no CCA no case. relax and wait.

[Alacoque]

So, nothing new from the (now previous) DCA, who had tried to pass off random ‘documentation’ as an ‘original agreement’ and then later advised me only the original creditor has a copy and to request it from them.


I duly sent a CCA letter to the creditor 18 business days ago via ‘signed for’ post. No reply yet.

However, the creditor has sent me a letter headed ‘Notice of Referral to External Collections Agency’. The letter also informs me my account has been cancelled (it was months ago) and all future contact should be with this new DCA and ‘if a default has not already been registered and you fail to engage in regular contact about your account…..steps will be taken to register the default.,,,’

Am I correct in guessing this ‘external collections agency’ has bought the debt? If I don’t get a response to the CCA request from the creditor, shall I continue to follow up on it with them?

I have yet to hear from this new agency, but am thinking when I do that I should send them a CCA request and an SAR?

Finally, is the fact the creditor has now switched DCAs indicative of a new, more aggressive strategy?

So many questions, thanks in advance….