I need help again guys

I received a letter from a DCA advising they have bought an old credit card debt.

I received a Termination notice from the original creditor in December 09

and the account was disputed in 2010 after a CCA request.

On receipt of the agreement,

I was advised on here that it was unenforceable.

I stopped making payments over 5 years ago

but not quite 6 ( via a debt management company).

The dispute was never resolved and they eventually stopped harassing me.

Could you please advise what I should do now?

Nothing at the moment.

Keep letters and see how this develops.

If they start threatening any court claim,

you could send a CCA request,

as this new company might not have a copy and it might take time to get hold of.

Thank you, this is my plan.

Not vital but something worth spending £10 on.

You could do a full subject access request to the ORIGINAL creditor to see what you can dig up. EG PPI, unlawful credit card charges etc.

Apart from opening up possibilities for reclaims, you would also have paperwork that may give you options to add to your defence should the current owner issue court papers.

Knowledge is power, so make sure you have more than the current debt owner

Can the new owner also send an SAR request and acquire the same information and shouldn't all the relevant information be on the account they have bought?

When debt buyers purchase debts they normally do so in bulk and they normally only get details like name address account number and balance etc.

They can request copies of documentation regarding the account. BUT not to the same level as you can regarding a Subject Access Request. (SAR)

A SAR is governed by legislation in the Data Protection Act that allows "You" as the "Data Subject" access to all personal information regarding yourself. Heres the thing, the debt buyer cannot request that level of detail. A Debt purchaser cannot do a subject access request.

Many claims fail as the DCs cannot get the correct paperwork.

One such example of this being helpful is should it go to court and they produce a "reconstructed Credit card agreement" using information they "think" is correct, you may have information provided by the Subject Access Request that proves some of the info provided in the recon is not accurate and therefore unenforceable.

they will only send you what info they hold on you and that is diddly squat. Dont communicate with them in any form as I doubt they have bought the debt otherwise you would have had a proper letter of assignment and you would be told exactly what the debt is and signed off by the company selling it to this dca rather than from the dca

I don't want to mention company names at this stage as I know DCA trolls search these threads for information relating to themselves.

I think they may have purchased it because their correspondence outlined the debt and value, they also enclosed a letter from the original creditor advising me that they had sold the debt to them, but not an official letter of assignment.

The letter from the OC was unreferenced with no account number.

But maybe you are right, they may be having another pop at it before it expires.

They have asked me to ring them and they will help me with repayments,

which I have no intention of doing.

I've gone through my bank statements and my last payment to the debt management company was April 2011, so sadly I may not have enough time to stall them.

Do you think the OC will have an accurate record of when my payments stopped.

The Default fell off my credit file a few months ago.

please stop hiding important details

name the original creditor

the DCA

and the debt management company please.

dx

Ok sorry, just trying to protect myself.

OC RBS, DCA Cabot

DMC no longer in business went by the name of Astute Finance Ltd.

I guess a lot of you will know Cabot's MO and I truly appreciate all your replies.

Will send SAR on Monday.

great thankyou.

if they pester again.

CCA request time.

what was your old username

you say you've been here before?

Yes, pretty sure user name the same, but possibly around or prior to 2009? Perhaps you can check from my profile details? I tried to revisit my past threads but none came up. Promise I'm above board.

didn't say you were not above board

cant find old posts mind

but you registered may 2015

must of just read like posts?

Yes, didn't have a problem when I re registered, just wanted to see what was going on having recieved a couple of newsy emails from cag

Another question please:- I also had another RBS credit card that is currently dormant, which expires in January 2017. When I submit an SAR for the resurrected account, will it flag that one up too?

Couple of questions for you:

When did you open this account?

Is it showing on any of the CRA files?

Noddle and clearscore are free web based sites for access to your CRA files and will show account start date if they are still within 6 yrs of last payment

I woudd suggest as with this card

the others been sold too

so no it wont hurt to sar

dx

Hi Martin

The account was opened in February 2002.

RBS terminated the account in September 2009 and I've disputed it ever since due to unenforceable agreement.

It no longer shows on CRA, it dropped off earlier this year.

However think I was still paying reduced payments whilst in dispute until April 2011.

Many Thanks

I thought that too dx, but am hoping that one is still dormant.

You definately need to sar rbs to get the full history on all the accounts you had

Arm yourself with as much info as you can now in case they try a claim before it becomes sb

Am doing the letter now, will send it tomorrow

Can anyone enlighten me please what I'm up against regarding Cabot, i.e. their reputation, competence and roughly how long before they usually issue a claim.

Many thanks

every debt buyer is about the same

its pot luck if they do anything

just remember

a DCA IS NOT A BAILIFF

and has

NO SUCH LEGAL POWERS

all they can do

is the same as you and I

issue a civil court claim.

and lose against CAG

Thanks dx, I'm doing my homework reading similar posts.

I have seen not admitting the debt or making payments for 6 years makes them SB.

This cc debt is within 9 months of being SB and I was trying to establish if I could realistically stall them until then.

I took this down the Unenforceable route with the original OC until they stopped chasing about 3/4 years ago,

could this be considered admitting the debt even though I was legally disputing it?

Sorry for being so naive

no lets it run

they are only chasing because SB is prob close or already gone.

you don't need to send/do anything

dx