Been paying token payments for years: what are my options?

[bangsie]

Re: Been paying token payments for years: what are my options?

Hi All,

Not heard back from Drydens yet, but have a couple of questions in the mean time please.

I have been going through old correspondence with them and as mentioned before, the CCAs were requested from them about 5 years ago. Not only have they never sent anything, but for 3 out of the 4 accounts with them, they didn't even acknowledge the CCA requests. So my question is, if I go down the CCA request route again, will it be best to simply send the request from scratch? Or do I approach it differently?

The other question is, I note from letters with them that they seem to think the original creditor for one of the cards is Company X when in fact it's Company Y. Guessing this can only help things when it comes to the CCA request?

Many thanks

[cymruambyth]

Re: Been paying token payments for years: what are my options?

Do you still have proof of posting or delivery for these requests? As they are in default of supplying the agreements they can't enforce ......

[bangsie]

Re: Been paying token payments for years: what are my options?

Hi Cymruambith - they were sent on my behalf by CLA shall ask them if they have them on my file? They only sent me copies of the request letters but not proof of postage. I do however have a letter from CLA confirming that they sent all the CCA requests by recorded delivery, along with the date they were posted.

[bangsie]

Re: Been paying token payments for years: what are my options?

Hi All,

Just a quick update, I spoke with Shelter, they can send me a full copy of my case file from the archives, which I have requested in writing from them today. Will take a few weeks to get it back, but if I hear back from Drydens in the mean time, guessing I can still refer them to when CCA was posted by recorded delivery as I have that info, just not the postage proof?

[nightwatch]

Re: Been paying token payments for years: what are my options?

welcome to AAD x

[bangsie]

Re: Been paying token payments for years: what are my options?

Thanks Nightwatch

[Never-In-Doubt]

Re: Been paying token payments for years: what are my options?

Hi All,

Just a quick update, I spoke with Shelter, they can send me a full copy of my case file from the archives, which I have requested in writing from them today. Will take a few weeks to get it back, but if I hear back from Drydens in the mean time, guessing I can still refer them to when CCA was posted by recorded delivery as I have that info, just not the postage proof?

I'd send new CCA's now. When they come via a third party there's no guarantee they were ever lawful in the first place. An unlawful request would be the same as no request being made.

Send a new CCA do we can get to grips with the current situation. A lot can happen in 5 years. So send them direct to the DCA who runs the account with a £1 fee.

Likewise, I'd not waste time with charities / shelter etc if you're doing it direct yourself. When they send your file notes it's handy for you but don't rely on their say-so if talking a formal s.78 request.

[Never-In-Doubt]

Re: Been paying token payments for years: what are my options?

Please note that I have called all the original creditors, they confirmed that the debts were sold on, however Drydens, in many of their letters use language like ‘representing our client’ or ‘on behalf of our client’. Highly misleading.

Rule 1 - never call creditors. Who cares (really) who owns what and why? The creditor is likely misleading you most which is why we say never call them. You'll find there's "sold on" and there's "total assignment". Most creditors sell a debt to a DCA as a partial assignment (sold on) with recourse built in that they can take over / deal with issues as and when.

Don't worry or get drawn into this side of things.

1. If Drydens come back to me after the letter I wrote mentioned above, saying ‘you still have to fill in a questionnaire to keep your arrangement’, what are my options, given they have never provided the CCAs as required by law?

Only a judge can make you fill in an I&E. Just respond with a shiny new CCA request and don't mention their letter.

* it's not *law* - be careful of correct usage of such words

2. Do I start the letter process again given I never wrote the ‘account in dispute’ letter?

I would as you didn't do a request. Your nominated 3rd party *claim to* have done it but you've not.

3. If they skip a few steps and come back with a pre court letter or something like that, will informing them that I am now definitely going bankrupt put a stop to that while I get a bankruptcy date?

If they do that id urge you not to get silly and say anything. Instead tell us and we'll help you beat them.

4. Should I not be so rash with the bankruptcy?

Why are you even considering BR prior to any judgments? Sod that - I'd be going for UE first and only if I got tanned in court would I consider BR.

Questions? Ask before acting as you're really not doing yourself favours with the way you're going about things / actions in the past.

[bangsie]

Re: Been paying token payments for years: what are my options?

Thanks so much Niddy! I've read so many posts on here the last couple of weeks, wish I'd found AAD years ago but also glad it's not too late! Yes, clearly went about so much of it the wrong way, even with the most recent letter I sent them, which was just a couple of days before I found you guys. I will start 4 separate UE diaries (one for each of the debts they have for me), I just have a question regarding the £1 fee, that needs to be a postal order made to the DCA right?

[cymruambyth]

Re: Been paying token payments for years: what are my options?

Yes, about the postal orders. Don't forget to either get proof of postage.

[bangsie]

Re: Been paying token payments for years: what are my options?

Thanks Cymruambith - and yes for surer, will keep all proof of postage and also start a separate UE folder to keep track of everything.

[The Tech Clerk]

Re: Been paying token payments for years: what are my options?

Recorded Delivery then you have a signature, proof of postage on court papers is easily used as proof of despatch but not proof of Delivery!

[bangsie]

Re: Been paying token payments for years: what are my options?

Definitely Tech Clerk! :-) Thank you

[bangsie]

Re: Been paying token payments for years: what are my options?

Hi All,

Sorry for the silence but been dealing with a serious family matter, my dad who had fallen very ill a few months ago had a bit of a bad turn in recent weeks but fortunately things are settling lately.

Since my last post, I did hear back from Drydens and they have accepted to keep to my current payment without any further hassle. I have also since found 3 different CCAs (one of which relates to this thread) that were sent to me a few years ago, I will create diaries for these just for some feedback (one of them actually says 'we cannot enforce this agreement').

I had all the CCA requests relating to this thread all ready to go, but with the family stress that has come up, I just haven't felt in the right frame of mind to deal with responses or any potential nastiness that might ensue. Waiting to see how things go the next few weeks and will take it from there. In any case, thanks so much for being there for me, it made a world of difference while I was waiting to hear back from the DCA.

Bangsie x

[nanna58]

Re: Been paying token payments for years: what are my options?

Very sorry to hear of your dad's illness hope he is on the mend now , love to him xxxxx Please keep the we cannot enforce letter extremely safe. x