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BobbiB

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About BobbiB

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  1. Seems my comment regarding obsessing over CCA requests and avoiding paying debts hit a couple of nerves. Such self awareness ! The woman at the DCA I spoke to today was actually very helpful, polite and friendly which is more than I can say about some of the people on here.
  2. Even if they don't hold the correct paperwork they can COLLECT the debt they just can't enforce it through court. This is not my issue anyway. Some people on this site are OBSESSED with CCA requests and assume everyone wants to avoid paying their debts. My post clearly stated my focus is on the entry of AP markers on my credit file and if under s87 a default should have been issued. I take on board the advice given in post 26 and am wondering if I need to make a SAR request to get this information.
  3. The DCA said on the phone they don't have a copy of the credit agreement. Would I still send them a CCA request and then they request it from the OC or should I just send a CCA request to the OC ? I am thinking maybe a SAR request may be the way to go as would then get copies of everything regarding the sale of the debt and whatever else they hold including presumably the CCA if they have it - is that correct ?
  4. I have already written quoting ICO guidelines regarding defaults and am waiting for a response. I know the outcome can be very mixed for this so was just looking at another angle in case I need it. Don't think the Egg cc and banks transferring agreements really comes under section 87 as it specifically deals with the OC doing (a) to (e) by reason of any breach by the debtor or hirer of a regulated agreement. This would not apply in those situations as the debtors did not breach the agreement.
  5. Sorry the rest of your message just appeared. My point is that i am questioning if the OC have terminated their agreement with me as they sold on the debt to a DCA. If they have I believe they should have issued a default before doing so. You ask to what end. I want a backdated default. The continuing AP markers are causing considerable stress as they will prevent me moving forward in my life for a lot longer than a backdated default would.
  6. Hmmmmm ! Seen conflicting advice on this site, ICO guidance, Stepchange website and Compact Law website. Think it is time I contacted a solicitor as I am totally confused now. Was hoping to avoid having to pay out to fight this.
  7. In my original post I refer to this: Section 87 Need for default notice. (1)Service of a notice on the debtor or hirer in accordance with section 88 (a “default notice ”) is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor or hirer of a regulated agreement,— (a)to terminate the agreement, or (b)to demand earlier payment of any sum, or ©to recover possession of any goods or land, or (d)to treat any right conferred on the debtor or hirer by the agreement as terminated, restricted or deferred, or (e)to enforce any security. My point is they terminated the agreement when they sold the debt.
  8. Thanks catquest, can you please tell me where this comes from ?
  9. You should question my stress levels not my wisdom I have a young baby and am not ready to go down the CCA / SAR route at the moment as I need to deal with one thing at a time or my stress levels will go through the roof. I am just focusing on this issue at the moment. Wondering why we have the CCA if section 87 is not a legal remit ????
  10. Sounds like I need to consult a lawyer as this is all getting a bit beyond me. If silverfox1961 is reading I would appreciate your opinion on this. When you wrote that if a debt is sold to a DCA a default should be placed before sale did you mean should morally or legally ?
  11. Can you tell me which laws please. I have only really been looking into the Data Protection Act and Consumer Credit Act.
  12. I just spoke with the DCA and they confirmed that they own the account and it has never had a default notice issued on it. They was very helpful. Am I correct therefore that the OC broke the law (section 87 of the Consumer Credit Act 1974) when they sold my debt without issuing a default ?
  13. If the DCA are reporting the debt does that mean they own it i.e. they bought it from the OC ? The issue is I want them to add a backdated default to this account and if they won't do it under ICO guidelines I want them to do not under CCA. Spoke to Stepchange and they was not much help.
  14. I can see I need to find out if the debt was sold - fingers crossed it was ! My payments have always been less than 1% of the original balance so I would class that as a token payment personally. I have read the guidelines linked but see they was published in 2014. I started my DMP in 2003 so not sure if the guidelines are retrospective. I understood that other guidelines were in place at that time. I can't recall ever receiving a default notice from them but didn't open all my post at that time. I joined Stepchange to make the letters stop. And because I could not afford to continue the contractual payments on my debts due to divorce and the resulting chaos. I think I first got the credit card in 2000.
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