cc debt sold on: account in dispute: denied

[unhappyfeet!]

morning all:)

 

my c debt has been sold whilst the account was in dispute non comply CCA

 

sent bog off letter: breaking data protection act return account etc

 

they say they've contacted credit solutios(1st dca) and they've cofirmed no knowledge of account in dispute

 

what's next any ideas welcome

 

pleeeez:D

[drob]

Do you have proof of your CCA request sent to the Credit Card Company??

[unhappyfeet!]

hello

yeah I sent it recorded delivery

 

had a reply from them saying:

 

Further to your request for a copy of your agreement, I would request that you please bear with us whilst we obtain the necessary paperwork from our client.

We appreciate your patience with this matter.

 

that was on 21st jan

[drob]

Your Credit Card company have failed to comply with your request, Therefore based upon the Consumer Credit Act 1974 the debt as it stands is unenforceable and should this proceed to litigation, a court is precluded from making an enforcement order under section 127(3) unless a true copy of the signed agreement is produced.

I would send the following letter to Credit Solutions ..............................

ACCOUNT IN DISPUTE

Dear Sir or Madam,

Account number: XXXX XXXX XXXX XXXX

 

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the **original creditor/DCA** and has been since DATE 2007.

Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

 

My last letter from **original creditor/DCA** was DATE and intimated that my complaint would be

resolved on **DATE**, this obviously hasn’t happened.

As **original creditor/DCA** are now in default of my Consumer Credit Act request, OFT Collection Guidelines, *Subject Access request and have also breached *s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE.

 

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Now I would respectfully suggest that this account is returned to the **original creditor/DCA** for resolution of these defaults and breaches, as **New DCA** cannot lawfully pursue any enforcement activities.

 

If **New DCA** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

After taking advice, I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines

 

I hope that this will not be necessary and an acceptable solution can be accomplished.

 

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

 

Yours faithfully

 

Remember to send the letter recorded and DO NOT sign the lettter!

[nicklea]

HI,

 

What exactly do you mean by sold?

 

If you mean that they are getting another DCA to chase you for it then that is certainly against the OFT rules.

 

If you are saying that they actually sold the debt to another company and they have sent you a notice of assignment then there is nothing against them doing that at all.

 

However, in this case, you still have all the defences against the new creditor that you had against the old one and, as it is currently unenforceable as they haven't replied to your s77/78 request then it is still unenforceable until such time as they do

[unhappyfeet!]

Firstly it was passed on to Credit Solutions from Egg

 

requested CCA

got the above letter Credit Solution (not 1st credit) on 21st jan

heard nothing since

 

then recieved letter from Arc saying:

 

This account has been passed on to us for collection as our above named client (naming egg banking plc no mention of Credit Solutions?)has been unable to obtain payment of the outstanding amount from you. blah blah finally threatening to pass it to their solicitors

 

So has Credit Solutions returned it to Egg???

[unhappyfeet!]

or are egg entitled to pass it to to n thro different debt collecters as they wish?

[nicklea]

No, this is against the OFT debt collection guidelines. This contains examples of unfair business practises that the OFT say shouldn't happen, relevant examples include:-

 

failing to investigate and/or provide details as appropriate, when a debt is

queried or disputed, possibly resulting in debtors being wrongly pursued

 

not ceasing collection activity whilst investigating a reasonably queried or

disputed debt.

 

ignoring and/or disregarding claims that debts have been settled or are

disputed and continuing to make unjustified demands for payment

 

not ensuring that an adequate history of the debt is passed on as

appropriate resulting in repetitive and/or frequent contact by different

parties

 

not informing the debtor when their case has been passed on to a

different debt collector

 

All of these are examples of unfair business practices and Egg does seem to be using all of them!

 

Can I just confirm, you have sent a cca request to egg? It would be worhtwhile doing that. Also ask them for a copy of their complaints procedure and mention all of the above points.

 

[unhappyfeet!]

ok thanks for your help

I sent CCA request to Credit Solutions, and then recieved the 'please be patient reply' as above

should i of sent CCA request to Egg???