S78 response poor. When is best time to dispute?

[jonny444]

Hello Beagles. Hope I can get some good advice on this problem.
My background is probably like many others. I built up substantial credit card debt and had no problem paying the instalments until the recession hit and my wages plummeted.

After examining my income v expenditure with no money left after reasonable living expenses a recognised debt advice charity advised me to offer a token £1 a month to creditors until things improve. After a few letters most accepted but two refused and quickly sent default notices, terminated and got DCA's to chase the full balance.

My S78 CCA requests were still outstanding so I sent the DCA's Beagles template letters. Thank you! Both accounts are now back with the OC's and I have their S78 replies.

My question is this - After researching I think one S78 response does not meet S78 or OFT requirements. Is it best to put the account into dispute with the OC now or wait until it is passed to a DCA for collection or sold on, then do a new S78 to the DCA followed by a dispute letter?

[The Debt Star]

Re: S78 response poor. When is best time to dispute?

Put it in dispute now Jonny. Then when the DCAs kick off you can tell them its in dispute and no one can default you while it is.

[Amethyst]

Re: S78 response poor. When is best time to dispute?

Also if you got the debt kicked back to the OC - if the debt charity are managing your DMP payment, ensure they know the £1 a month offers are going to the right place (the OC not the DCA) If a DCA/Creditor turn down a repayment offer it is usually best to pay it anyway if possible incase things do end up as far as court. Then the Judge will see you have tried to make payments and are making an effort to keep the debts in order and be more on your side with any orders he may make.

In what way do you think the S78 response does not meet the requirements ?

Whats your plan with the one that does ?

[basa48]

Re: S78 response poor. When is best time to dispute?

......Then when the DCAs kick off you can tell them its in dispute and no one can default you while it is.

Don't agree. The DCA just says 'Sorry we don't agree it is in dispute. Here is your Default Notice'.

I've disputed all my debts - 2 years ago. They were never resolved but I have a default on each and every one !

[jonny444]

Re: S78 response poor. When is best time to dispute?

Both OC's defaulted the accounts before I made the original S78 requests and before they instructed the DCA's.

There are no DMP's. The Debt Advice Charities say they cannot set up a DMP unless I have an income surplus available after paying secured debts and reasonable living expenses. At the moment I'm a long way from that position so I'm paying the token £1 pm suggested to show goodwill and it is all I can afford.

The suspect S78 response is a "full page agreement". They sent a full size photocopy of the front page with my signature. Most of the text is too small to read easily and it doesn't have any prescribed terms. They also sent five pages of t&c's as a reconstruction of what was supposedly on the back. If they were reduced to fit on one page they would be very hard to read so I am suspicious that they are not a true reconstruction of the original. Any advice what I should do next please?