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

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  • #61
    I'm trying to post an update but for some reason, the post is coming up blank.....

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    • #62
      Originally posted by Alacoque View Post
      I'm trying to post an update but for some reason, the post is coming up blank.....
      EXC Can you please approve the post.

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      • #63
        Originally posted by echat11 View Post

        EXC Can you please approve the post.
        Done.

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        • #64
          Originally posted by EXC View Post

          Done.
          Thanks, that was super quick!!

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          • #65
            They still haven't complied with your CCA request, no doubt further discounts will be offered, the big one in the January Sales.

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            • #66
              Haha!

              Thank you ECHAT11 and EXC for sorting our my posting, much obliged.....

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              • #67
                Originally posted by echat11 View Post
                They still haven't complied with your CCA request, no doubt further discounts will be offered, the big one in the January Sales.
                You're so right....just received a 'limited time offer' from the Third DCA, cutting the debt in half if I pay right away.

                And still no reply from the Creditor to my CCA request....

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                • #68
                  Originally posted by Alacoque View Post

                  You're so right....just received a 'limited time offer' from the Third DCA, cutting the debt in half if I pay right away.

                  And still no reply from the Creditor to my CCA request....
                  See what else they offer in the future.

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                  • #69
                    After a pause in the flurry of almost half price ‘offers’ from the Third DCA, it seems the account has been passed back to the Creditor.

                    Or should I say to what seems to be a variation on a DCA - a foreign call centre that the Creditor has outsourced the collection of the debt to.

                    Only phone messages, no letters, so far. The callers are very aggressive and fast talking, you have to listen to the message about five times to get the info down (almost as though they don’t expect anyone to actually return the call). They claim to be calling from the Creditor though I researched the phone number they left and, by all accounts, it belongs to some kind of outsourced debt collection arm of the Creditor.

                    And no, no reply to my CCA request.

                    I sense things may start to get unpleasant…..

                    Comment


                    • #70
                      Originally posted by Alacoque View Post
                      After a pause in the flurry of almost half price ‘offers’ from the Third DCA, it seems the account has been passed back to the Creditor.

                      Or should I say to what seems to be a variation on a DCA - a foreign call centre that the Creditor has outsourced the collection of the debt to.

                      Only phone messages, no letters, so far. The callers are very aggressive and fast talking, you have to listen to the message about five times to get the info down (almost as though they don’t expect anyone to actually return the call). They claim to be calling from the Creditor though I researched the phone number they left and, by all accounts, it belongs to some kind of outsourced debt collection arm of the Creditor.

                      And no, no reply to my CCA request.

                      I sense things may start to get unpleasant…..
                      Update when you get anything meaningful.

                      The overseas call centers aren't professional, if you can't comprehend the message, what's the point. Imagine you were hard of hearing.

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                      • #71
                        So, after years of silence - from me to the creditor and from the creditor to me - I got an email out of the blue from the creditor with various options to resolve my account balance.
                        A one off payment of a little under a third of the balance or various monthly payments that total a little over a third to two thirds of the balance. While reassuring me they’re ‘here to help’ and reminding me that the default on my credit file will be marked ‘partially settled’ if I comply.

                        And the calls have started up again, though I’m not answering.

                        Just to recap….I requested a signed copy of my CCA from the first DCA. They sent me what looked like a template agreement, about 15 pages long, unsigned by me or by the credit card.
                        The account was passed to three different DCAs and bounced back and forth to the creditor. I subsequently requested a copy of my CCA from the creditor and never heard back from them.

                        Am in a quandary. Am aware if I contact the creditor it will ‘reset’ the clock on the 6 year statute of limitations.

                        Any advice gratefully received!! Thank you!!

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                        • #72
                          Originally posted by Alacoque View Post
                          Am in a quandary. Am aware if I contact the creditor it will ‘reset’ the clock on the 6 year statute of limitations.

                          Any advice gratefully received!! Thank you!!
                          Sorry, I don't have time to read back over the 5 pages of the thread so I don't know where you stand in relation to SB but just to say that having contact with the creditor does not automatically reset the SB clock. The SB clock is normally not reset unless

                          (1) you have written to the creditor admitting you owe the debt during the last six years, or
                          (2) you have made a payment towards the debt during the last six years

                          So contacting the creditor would only affect the SB date if you admitted in writing that you owe the debt.

                          I'm not suggesting you should contact them, I don't know enough about what has gone on, but just wanted to clarify the SB point.



                          All opinions expressed are based on my personal experience. I am not a lawyer and do not hold any legal qualifications.

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                          • #73
                            Huge thanks for the clarity on the statue barred issue Pallasathena. Much appreciated!

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                            • #74
                              I’d be so grateful if anyone has any advice on whether to accept the reduced payment offer from the creditor or if it makes sense to send another CCA request letter to the creditor (years ago, I sent one to the creditor and never got a reply and also one to the DCA who sent me an unsigned, ‘template' agreement form). It’s been about 3 years since a payment has been made on the account. Many thanks in advance for any help…..

                              Comment


                              • #75
                                I know this is a long thread to go through so, just to recap……about four years ago, I defaulted on a credit card (post covid business difficulties). I made a CCA request to the creditor, never heard back. The account was passed to several DCAs in rapid succession. I sent a CCA request to one of the DCAs and was sent an unsigned template credit agreement. The account was passed back to the creditor, who made a few offers of reduced amounts to settle the account. I then heard nothing for several years until a few weeks ago - the creditor emailed me more reduced amounts to settle the account and the phone calls have started up again, several every day.

                                The reduced amount offers are: A one off payment of a little under a third of the balance or various monthly payments that total a little over a third to two thirds of the balance. While reassuring me they're here to help and reminding me that the default on my credit file will be marked 'partially settled' if I comply.

                                I have yet to engage with the creditor. Would love some advice. Should I consider the reduced settlement offer or is that some kind a trap? Should I send another CCA request to the creditor?

                                Grateful for any insight on this……thanks!

                                Comment

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