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Debt sold to DCA - does payment by me consider acceptance?


DigbyD
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Spoke to Cabot as they are chasing me because I stopped payments re an old debt as I am still waiting for them to respond to my CCA request - they have responded previously by saying they will get back to the original creditor and sent my £1 cheque back but I have not received anything else.

 

So, Im talking to this guy on the phone and he says actually, Cabot bought the debt a number of years ago. As I understood it, they were only collecting on behalf of the original creditor, but looking at the letter, the original creditor is only named in the "Account Type" of the letter so I assume they have bought the debt.

 

Now I offered Cabot token payments of £x amount per month and had been paying regularly until I put in my CCA request following advice on here. My question is, the fact that I agreed to pay them a certain amount each month for a number of years, does this constitute an agreement in itself - ie acceptance that I owe Cabot money purely based on the fact that ive been paying them.

 

When they purchase a debt, do they purchase the rights to collect under the old cca? Or am I correct in thinking that this debt is in no way enforceable and I dont have to pay.

 

He said look, if you dont pay anything then the accumluted interested (almost the same value as the debt so he said) will be added to the account, so I really need to get this sorted as I dont want my debt to be £2500 instead of £1500.

 

What should my next move be letter wise?

 

Thanks again.

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When they purchase a debt, do they purchase the rights to collect under the old cca?
In theory YES. The rights AND duties of the original creditor.

 

What should my next move be letter wise?
Well you've said that you CCA'd them and they returned it to the OC.

In that case STOP any payments to Cabot and WAIT for the OC to contact you regarding this debt.

Be VERY careful whose advice you listen too

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