DCA showing defaults on £1 payment plan over term and false default dates

by memegirl777 Mon Nov 19, 2018 12:42 pm

Hi all..
I,m trying to help a friend with 4 alleged debts with A DCA adding up to near £40,000
She started a payment plan in 2013 when the original debts where defaulted all credit cards .
I,ve just signed her up to check my file so we can see whats what ,
DCA have firstly moved the default dates to 2015 on the 3 large debts left the date on the small debt OF UNDER £300 as 2013.
All these debts are showing default for every month that they have been paid £1 .
I,m sure this is not right surely if she,s paying the agreed £1 they should show as OK ?
The original creditors have put as satisfied .
All the debts SHOULD be statute barred August 2019
if shes paying £1 does that still stand as true ?
Is she better to stop paying the £1 immediately especially if they are showing defaulted any way .
and lastly I could do with asking someone privately if this is a DCA who has bought the debts or are they another step change scenario ie they take your money and dish it out ..
I would of thought not as why are they reporting on the file ..
any help welcome on this ..
i have managed to close 2 accounts so far just need a little help with this please cheers guys Smile

by waylander62 Mon Nov 19, 2018 8:37 pm

If you are paying a £1 and have been then i am afraid you can forget about statute barred.

if these debts are for over 10k tread a little wary as if it goes to court then the costs could double the debt, dont rush in to a decision.

without knowing a bit more information it is hard to really comment.

by memegirl777 Tue Nov 20, 2018 6:50 pm

Thanks for reply Waylander ..
I saw this on another thread which gave me hope ...

Hi Discodave

Ive had dealings with this lot since 2012 when I was unwisely paying them through a DMP. They claim to have purchased an alleged debt of mine form a pre 2007 CC, around £16k. They have received the old 3 letter process and estoppel from me in June 2015. I still get statements around every 6 months and this month I got letter asking what my intensions are regarding the alleged debt. Since Estoppel I have just ignored them as they have not sent me anything of relevance.

Stick with the process and see if they come back with any evidence of you owing them money.

Good luck

by waylander62 Tue Nov 20, 2018 7:01 pm

there is always hope,

they will have to prove the debt and that it is enforceable it really depends on how old these agreements date back to.

by Ausk Wed Nov 21, 2018 9:18 am

Does the person have a copy of the payment plan they entered into? They should have been given a copy of it at the time. It should set out the schedule of payments, terms and charges.

The trap in payment plans is that the DCs love it when you miss a payment, even if its the banks fault, because they can go bolting into court and lodge an application for bankruptcy and then they can send in the jackle who comes in and loots the house.

Sometimes; for some people; it may be a more appropriate solution to beg; steal or borrow money from friends and family and go the creditor or the DC and make a once only payment offer.

Officially; the money has come from SUPPORTERS, NOT friends or family. If they say the money comes from friends or family, then its easy of the DC or OC to put pressure on them to go back to those people and ask for more, whereas with supporters its much more difficult to realistically expect that.

The money is paid over on condition that the DC or OC agrees in writing of course, that the debt is extinguished, finalised, closed and settled. Its also paid on the condition that any negative remarks of a credit rating organisation are removed.

Moreover the DC or OC indemnifies the person against any future claims by themselves or their future assigns.

While its great to see people fight these DCs, this kind of an option has to be part of the mix of debt settlement options

by memegirl777 Wed Nov 21, 2018 10:57 am

Waylander they are all 2013
there is £9,000
£12,000
£11,000
£13,000
and lastly £270 which I,m thinking whether he should pay that one to get it off his record or if it did go to court they would use that as an example that he recognized that they own that so why not the others ?
if that makes sense .
obviously there is a lot of money involved here and with them showing defaults on all this will basically ruin his credit score for life hence I,m trying to help..

by memegirl777 Wed Nov 21, 2018 2:34 pm

Would I be able to do a CCA request so that if non are replied to within the 12 days it makes them nonenforceable ?

by waylander62 Wed Nov 21, 2018 10:12 pm

You could send a CCA request for each one and yes it would be unenforceable until they comply.

but if they do manage to comply then it could be deemed enforceable be a little careful this early on.

in my opinion it may be a good idea to find out what exactly this payment plan is all about ? how and when was it set up and with and by whom, just to see how the land lies.

are all of these debts owned by the same DCA ?

by memegirl777 Thu Nov 22, 2018 12:01 pm

Hi Waylander yes they are ,
I have managed to completely close a £7,000 lowells one and put a £13,000 PRA on hold for her all these are with the same DCA,
I have found out that she went through stepchange to set up the repayment plans unfortunately so yes there will be paperwork .
is it correct that they remain to mark as defaulted every single month even though they are being paid by a direct debit ?

by waylander62 Thu Nov 22, 2018 12:09 pm

yes but they should only appear for 6 years, the account will be in default and remain on the credit file for 6 years ( i think)

they SHOULD NOT be changing the default year on her credit file, change the name from the OC to themselves but NOT change the default date or year to keep it alive !

ok so she went through stepchange, was it a DMP an IVA or something other than this it depends on what the 'agreement' was through stepchange it can make a difference.

who are the DCA ? if you dont want it in the main thread send me a PM.

we are talking a LOT of money here.

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Re: DCA showing defaults on £1 payment plan over term and false default dates

Re: DCA showing defaults on £1 payment plan over term and false default dates

Re: DCA showing defaults on £1 payment plan over term and false default dates

Re: DCA showing defaults on £1 payment plan over term and false default dates

Re: DCA showing defaults on £1 payment plan over term and false default dates