• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

The powers of a DCA

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • The powers of a DCA

    Hi all, I've been wandering across the web for a while now trying to find (what I'd say is) a relatively simple answer to a relatively simple question and this forum kept popping up! There are obviously people on here with proper issues, where as what I have is more of a concern, so I really will appreciate any solid answers!

    I'll quickly provide context, but I think that the question is fairly generic.

    I have bad, unsecured debt (currently <£4000) that has been with DCAs for at least 6 years now. The default on it expired 1 Month ago.

    I recently applied for more credit and (to my great shock) succeeded! The DCA then got in touch telling me my circumstances have changed and I need to rearrange our agreement.

    I called them (I wouldn't usually but, I just wanted to get it over with) and after a heated exchange, I told them their minimum payments were too high and that I'd pay what I could afford.

    I want to make it clear that it is something I've been paying regularly and based on my actual budget for a while; I have every intention to pay. If my income goes up, I pay more and if it falls, I pay less.

    All I really want to know is, what can these guys realistically do? Is paying them a regular sum enough, or do I need to be writing letters and providing proof of income and expenditure, etc? What kind of action can follow if I simply send them payments? I want to do the right thing here but, I'd still like to have something of a life.

    I'd be really grateful for any decent answers as, I haven't called them in a while and was just reminded exactly why that was!

    Kind Regards
    Tags: None

  • #2
    Re: The powers of a DCA

    Basically, DCAs are subject to the credit licensing provisions of the Consumer Credit Act 1974-2006. There is also the OFT's Debt Collection Guidelines which DCAs have to comply with. I'm attaching the Guidelines to this post so you can see what they say. One of the guidelines makes it clear that a DCA cannot make a debtor pay more than they can reasonably afford.
    Attached Files
    Life is a journey on which we all travel, sometimes together, but never alone.

    Comment


    • #3
      Re: The powers of a DCA

      DCAs cannot actually make you pay anything UNLESS they have a Court Order. They actually have no legal powers whatsoever.

      Comment


      • #4
        Re: The powers of a DCA

        Thanks for the replies guys. I'll read the OFT Guidelines in the morning. Cheers

        Comment


        • #5
          Re: The powers of a DCA

          Deleted
          Last edited by labman; 13th November 2012, 23:14:PM.

          Comment

          View our Terms and Conditions

          LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

          If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


          If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.
          Working...
          X