DCA say OC will take me to court!

[Crispybacon]

Re: DCA say OC will take me to court!

Hi Elldee

If your current mortgage is a joint mortgage then it makes their life more difficult. I've attached the article I referred to for you.

But as has already been mentioned I think it unlikely that things would go as far as getting to court, and even if it did you would defend and they would have to fight very hard to justify such as action.

They are doing usual DCA tactics of trying to frighten you. Stick to your guns on no communication on the phone as they wil say anything they can to get you to pay more.

Best

Crispy

[Elldee]

Re: DCA say OC will take me to court!

Thanks for that Crispy, that article certainly makes interesting reading and as you say it will make their life more difficult for a charging order. I guess now I need to wait and see what the SAR finds

[pallaz1851]

Re: DCA say OC will take me to court!

Special thanks to Crispy.......

I posted an article tonight re my daughter and Mortimer Clarke...'Vulnerability and innocence of youth' where they have taken a charging order against her property but her 'partner' is also a joint owner on the mortgage.......so I conclude that they could sell the property without redress??...you will read my article and see why I do NOT feel they should be paying a penny to Mortimer Clarke...

[WendyB]

Re: DCA say OC will take me to court!

Hi WendyB - the debt I assume is for the shortfall from reposession, I suppose I have been very naive as to not question it and just 'rolled-over' and started paying thinking that my current house would be at risk. I have SAR'd the OC (Halifax) and will SAR the DCA (DLC) tomorrow. What I do recieve is a letter from the DCA twice a year that states the amount owed at the date of the letter and instructions for me to phone or else.

Well, it just shows you should never assume stuff lol. What I can't understand is, if you were repossessed etc, then how did you manage to get another mortgage, as presumably your credit record would have been trashed due to the repossession? Unless it's not the mortgage shortfall you've been paying all these years, unlikely I know but it could happen......That's why you need to find out exactly what this debt is. Your current house would only be at risk from any debts secured on it, i.e your current mortgage (which presumably isn't with the Halifax?)

[Angry Cat]

Re: DCA say OC will take me to court!

Special thanks to Crispy.......

I posted an article tonight re my daughter and Mortimer Clarke...'Vulnerability and innocence of youth' where they have taken a charging order against her property but her 'partner' is also a joint owner on the mortgage.......so I conclude that they could sell the property without redress??...you will read my article and see why I do NOT feel they should be paying a penny to Mortimer Clarke...

http://www.marlinfinancialservices.co.uk/

[Elldee]

Re: DCA say OC will take me to court!

Well, it just shows you should never assume stuff lol. What I can't understand is, if you were repossessed etc, then how did you manage to get another mortgage, as presumably your credit record would have been trashed due to the repossession? Unless it's not the mortgage shortfall you've been paying all these years, unlikely I know but it could happen......That's why you need to find out exactly what this debt is. Your current house would only be at risk from any debts secured on it, i.e your current mortgage (which presumably isn't with the Halifax?)

I moved to London straight after handing the keys in and must have bought my current place a year and half later. I've not had any problems with my current mortgage and as I say, there isn't a record on my credit file and my current mortgage is not with Halifax.

The first letter I recieved from DLC back in 2005 indicated that the debt was to do with the Halifax property.
I will be intrigued to see what documents I get back from Halifax and DLC now.

[wishfullthinking]

Re: DCA say OC will take me to court!

if you send a i&e form do not send a payslip or statement they will get your employers details and start phoning them looking for you

[Elldee]

Re: DCA say OC will take me to court!

Hi - Its now been just over 40 days since I sent the SARs to Halifax and DLC, Halifax have replied saying they need the mortgage account number (which I dont have) as they can't find any records for me and DLC have not responded at all as I was hoping they would have all the details I needed.

Can you please tell me what I should next, I have not defaulted on payments but still get calls (which I don't answer) from DLC.

Thank you

[WendyB]

Re: DCA say OC will take me to court!

That's very interesting and raises a couple of questions (well I think it does anyway). Am on my phone at the moment but will post further once the boss has gone out and I can get on the desktop.

[WendyB]

Re: DCA say OC will take me to court!

Okay, here's what springs to mind

1. Why can Halifax not find you? If you owe them xxx amount of money which the DCA have been collecting all these years, you should surely be on the database somewhere?

which leads me on to

2. Have the DCA in fact been turning over any money to Halifax at all?

3. Are there any references on the DCA letters which might be your mortgage number? Sometimes DCAs will put "Our ref........" and "Client Ref:......."

4. Do you know how much the debt was when you started paying the DCA? Does the current balance correlate to what you think it should be, taking into account the payments you've been making?

Post up the answers to above, then we'll take it from there, depending what the answers are.

[Elldee]

Re: DCA say OC will take me to court!

Thanks Wendy apologies for the late reply, I too had to wait until the coast is clear

1) Not sure why the Halifax can't find me as I quoted both references I had from the DCA i.e 'our ref' and 'our clients ref' I think what I should have done but didn't (hence Halifax's reply) is quote the address in question.

2) When I used to answer calls to th DCA they always used to say that any full an final would be authorised by Halifax, so I assumed that the money was going to them

3) as per 1 although I can't say for def if their 'client ref' is the mortgage ref

4) the debt from my calculations has been reducing based on my payments.

Thanks for your help

[Elldee]

Re: DCA say OC will take me to court!

In response to a SAR I Just had some corrospondance from the DCA listing all my payments and a letter saying they have forward my SAR to the OC - so not record of any agreement with them exists !. Then I recieve a letter from the OC saying that they need my ID to continue - bills, passport driving licence.

Not sure what to do next - help please
Thanks

[WendyB]

Re: DCA say OC will take me to court!

Well, can you take the relevant ID and the letter from the OC to your nearest branch and sort the ID out that way? If they need proof of identity in order to process your SAR then you may as well provide it otherwise you're never going to get the info that you need, are you?

Also, if the DCA own the debt, there should be copies of Notice of Assignment etc. But I would wait until you get the SAR back from the OC and take it from there. See if the payments they have received tally up with the payments you've made to the DCA.

[Angry Cat]

Re: DCA say OC will take me to court!

In response to a SAR I Just had some corrospondance from the DCA listing all my payments and a letter saying they have forward my SAR to the OC - so not record of any agreement with them exists !. Then I recieve a letter from the OC saying that they need my ID to continue - bills, passport driving licence.

Not sure what to do next - help please
Thanks

You do not have to provide a copy of your passport!

Just evidence of your identity and where you live:
Utility bills;
council tax;
bank/building society letters.

[Garlok]

Re: DCA say OC will take me to court!

Frankly I would not provide anything that bears my signature to ANYONE within the financial services sector unless ordered to do so by a court of law.

THEY CANNOT BE TRUSTED ANY LONGER!

regards
Garlok