Advice setting up a payment plan with a DCA

by parklife2000 Mon Jun 29, 2020 8:51 am

I've had success in the past with the 3 letter system back in 2016 and recently I've gone through the process again with another DCA, all be it this time they're proving to be a bit more stubborn (sent eStoppel and even billed them), but funnily enough they're not accepting my charges.

Now the thing is I'm kind of beyond caring because my financial situation has changed, but also I do not live in fear of these DCAs. I hate DCAs and everything they stand for, but to get them off my case I was wondering if I'm in a position to negotiate with them and if so is there any advice on this and how to play the game so they get the minimum amount and maximum hassle?

Thanks in advance

by **daveiron** Mon Jun 29, 2020 10:07 am

Hi, Is it a debt collector or debt purchaser ?
If a debt collector i would not pay them anything.they are only parasites & probably
on commission the less they earn the sooner they will go bust.
I always tell debt collectors that 'anything I may lawfully owe will be paid to the OC
and under no circumstancies will I be paying them'

If you really want to pay ,wait until its sold to a purchaser, they will usually
offer large discounts for payments (I have been offered 50%) .
Remember they will have only paid a very small percentage of the alleged value,
so you can offer a one time only offer of perhapes 30% .
Be aware though that you will be admitting the liabilityto pay.

On a final note have you been supplied with EVERTHING you requested in the letters ?
If not there is reason.

by parklife2000 Mon Jun 29, 2020 10:45 am

Thanks for the reply Dave. It's Lowell, so assume that is the debt purchaser then? And no of course they haven't sent me everything I asked for, and I know they never will.

Please understand though that after a very financially bleak period of my life, this is the last thing hanging over my head, and while I appreciate paying it off won't improve my credit rating (not that I care about that), the one thing it will do is put any debt I had left to bed and the next chapter of my 'financial' life can start...... I just don't want to pay them 100% of the balance

Is there a protocol to negotiate with them a one off payment and to also be ensured the whole debt would then be cleared? I do not want to enter into any verbal conversation with them, would prefer to do it as I always have, via letter if that was possible.

by **daveiron** Mon Jun 29, 2020 11:06 am

Of course its your choice & I understand where you are comeing from.

As you say keep everything via Royal Mail. Try a letter along the lines of;

I am in receipt of your demands for payment of this alleged debt.
In no way whatsoever am I admitting I owe any debt or obligation to your
corporation ,however as your demands are causing some distress,I may be
open to a settlement figure,as I am now in a position to obtain a limited loan
from a family member to clear this alleged debt.
However please be aware that whatever I am able to raise will be nowhere near
the figure you are claiming. Any settlement if agreed will be on the basis that
the debt will be cleared in its entirety.

Something along those lines ,wait and see what they come back with.personally I
would not accept their first offer,keep negotiating to down. & make it clear that
unless they accept a low figure ,your one time offer will be permanantly withdrawn.
Do not ever admit any debt.

by **daveiron** Mon Jun 29, 2020 11:11 am

Sorry forgot to add, Do not provide any income / expenditure info,its nothing
to do with them and will be used to see how much they can screw from you.

by man Mon Jun 29, 2020 11:18 am

A DCA is trying to contract with a person. Why not continuously clarify their offer to contract letters?

How can a person joinder with a DCA if they don't comprehend the offer?

How can a DCA move forward if a person is continuously asking for clarification of the DCA's offer letter?

by **Mrblue2015** Mon Jun 29, 2020 5:12 pm

Welcome Parklife, I would have been happy to help but I would never provide any advice on how to pay back a debt company a single penny because their line of ‘business’ is a thoroughly disgusting and shameful one.

But if you really must, then you’re in good hands with DaveIron Smile

Just be extremely careful what words you put to paper to ensure you do not expose yourself to any potential future liability, because if it even ends up in the courts then you really wouldn’t have a lot of chance of winning.

All the best buddy!

by flyingfish Mon Jun 29, 2020 7:40 pm

How old is the alleged debt, how near to becoming Statute Barred?

by parklife2000 Tue Jun 30, 2020 9:35 am

Hi all, thanks ever so much for the comments. To answer the questions above: The debt is about 3 years old.

Mr Blue, I don't want to contradict myself here (but I most likely will), but I agree with you and as stated I've had success in the past, and as much as I want to move on I don't really want to give them a penny, thats why, if in an ideal simple world I could agree to a 70% discount of original debt (that's where I'm contradicting myself) and move on by the end of July I would! But alas I doubt it'll be that straight forward and somewhere along the line I'll probably say the wrong thing in a letter and before you know it I'll be paying the full amount plus extra on top.

While I'm happy to negotiate, put it to bed and move on (potentially risky), all I would say is that at the same time I am in zero rush to settle, I'm not being chased, threatened or hounded on a daily basis as I requested from day one that all communications be via post, so I could just carry on dragging it out.

To date I've sent the 3 letters, estoppel and billed them. With a previous debt this had amazingly proved successful for me, however this time after my recent bill Lowell sent through their generic answer stating 'we have provided a copy of the statement and agreement for this account', 'we have fulfilled our obligations etc etc'. Hence why I felt like it was a dead end and not sure what to do next (other than negotiate)

Should I just start from letter 1 again and repeat the process and drag it out for another 6 months? FYI Letter 1 was the original content from the old 'Get out of Debt free' site before it went under, so it may be outdated.

Thanks

by **daveiron** Tue Jun 30, 2020 10:46 am

All I would add is if you decide to resend the letters ,use these ones:
https://goodf.forumotion.com/t1131-new-3-letters-for-debt-purchasers

Do not just copy and paste ,read and understand the content.Do not just
accept what they choose to send you. What they do not send is what you need
to press for.

by **Mrblue2015** Tue Jun 30, 2020 1:14 pm

You’re welcome parklife and agreed with Dave (use the letters but don’t simply copy and paste). If anything, it (3 letters) will buy you more time so surely that’s a good thing? Also even if they write* to you weekly, do NOT feel obliged to write back weekly. Perhaps every 28 days? Tell them that’s the best you can do (they can’t disagree as there is no contract between you of course...). As such, you’ll buy yourself 3 months at least Wink

*of course, they don’t write to you in the true sense. They send you a template letter as I am sure you are now familiar with given your previous experience Wink

Naturally it’s YOUR call! Either agree to pay a small amount (but you’ll have to pay the full sum agreed - eg if it’s 50% - eventually) or write a letter once a month and put it off for a long as possible. Then they may well eventually admit the alleged debt is “legally unenforceable”, which was the case for me and one debt company, and you’ll end up paying nothing.

by parklife2000 Mon Sep 28, 2020 5:14 pm

So it's been 2 months since I sent the last of my 3 letters. Then a few weeks back I received a letter from Lowell (having never acknowledged any of my 3 letters) with a discount offer. I ignored it and then recently I received another letter following up on arranging a payment plan. Why do you think they have not acknowledged any of the 3 letters?

Should I just re send letter 3 again? I'm completely calm with the situation and in rush to reply to them but feel like I need to hit them with something.

by **daveiron** Mon Sep 28, 2020 5:20 pm

Just refer them to your previous correspondence. If they had all they needed
to enforce the alledged debt ,they would not be offering a discount.
Its just standard practice ,hoping you will accept the bait.

by **Mrblue2015** Mon Sep 28, 2020 5:40 pm

Totally agree with Dave. DCA playing the usual game when they cannot evidence any alleged debt...

by **Mrblue2015** Mon Sep 28, 2020 6:02 pm

You’ve heard the saying “silence speaks volumes”? Well apply the same analogy here.

‘Silence‘ = lack of sufficient evidence, ie silence on the subject, which speak volumes...

You see? Wink

by parklife2000 Mon Sep 28, 2020 6:56 pm

Perfect, which case I will get around to, at some point this week, with replying to them requesting they refer to my previous sent letters and just keep draggggging it out!

by **Mrblue2015** Mon Sep 28, 2020 7:28 pm

Agreed, and spread your replies out ie don’t feel you have to reply weekly or fortnightly even. Tell them you only have time to write every 30 days say...

by parklife2000 Fri Apr 16, 2021 2:48 pm

I kind of thought I'd been forgotten about, that maybe Lowell's had bigger fish to fry. But sure enough after a lovely week off on holiday I come back to a letter from a solicitor stating they've 'been instructed to recover the balance'. Apparently they can not resolve this matter of the threat of a CCJ unless I engage with them.

Therefore should I start engaging with them by sending letter 1 as per here?: https://goodf.forumotion.com/t1131-new-3-letters-for-debt-purchasers

by **daveiron** Fri Apr 16, 2021 3:29 pm

Exactly what documents that you asked for have they provided you with ?
Approx how much is the alleged debt for ? and who is the OC ?

Send a Subject access request to the OC and also take a look at the
notice of conditional acceptance https://goodf.forumotion.com/t4987-notice-of-conditional-acceptance-for-debt-purchasers-only
Do not send that notice unless and until you fully comprehend it and have done
your research.

by parklife2000 Wed May 05, 2021 6:02 pm

Hi Daveiron, thanks for you reply. I'm just getting around to looking into this now. The OC was Vanquis for just over £2k. I've read through this: https://goodf.forumotion.com/t4987-notice-of-conditional-acceptance-for-debt-purchasers-only - I think I understand it to the best of my limited knowledge and I've tweaked it sufficiently to ensure that the word 'bank' is replaced with the OC. What are the consequences here, if any, that I need to be made aware of by sending it?

by **daveiron** Wed May 05, 2021 7:50 pm

This one is worth a watch ,in fact all of his stuff is worth watching.
you can use his NoCA or ours or parts of both if you wish.

What you are doing is acting in honour ,you will pay their alleged debt on
condition they can provide original documents etc to prove you have an
obligation to do so. (which they never can as they will not have the original
documents)

by parklife2000 Thu Jun 03, 2021 8:52 am

Having posted the Solicitors this version of the letter: https://goodf.forumotion.com/t4987-notice-of-conditional-acceptance-for-debt-purchasers-only - I heard back from them the other day stating the following sound bites:

"Our client is under no obligation to provide you with sworn affidavit or a signed bill pursuant to the Bills of Exchange Act 1882"

"As the debt is not based on and does not arise from bill of exchange, nonce can, will or should be provided"

"Our client is under no obligation to disclose the Debt Sale Agreement to you. This is a private contract between our client and OC, the terms of which are commercially sensitive and confidential"

"No part of the Debt Sale Agreement could provide, support or assist in any Defence you may wish to raise and you have neither the need nor right to be privy to that content"

"Our client will not dislose this infoirmation to you (and no other agreement/novation agreements exists or has relevance to this matter)"

"The notice of Assignment was sent to you which discharges our obligations"

That's about it, appreciate it it would have been quicker to scan and paste as an image.

Would love your thoughts on what to go back with in about 3 weeks from now as a reply?

by **daveiron** Thu Jun 03, 2021 9:47 am

From my comprehension ,all they have stated is incorrect. Its just to
deflect you ,as solicitors do.
To go into more detail i would strongly suggest you purchase 'Defusing the debt bomb'
e book from the Observation Deck. I have recently read it & its full of great info and will
help you through the process. It will show you how to put together a notorised
affidavit which should stop them dead.

Keep in mind ,your NoCA should stop court action as there is no controvsey
'you have offered to pay any obligation ,you just want proof you have one'

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