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Report to OFT and wasted cost order


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Bit of a long story but will condenses as much as possible to make reading easy and will not use names as don't want and of the **** bags getting a pre warning.

 

Early in 2007 received a letter from a Dca that features on here regularly claiming to be acting on behalf of a company that had bought a credit card debt from a high street bank.

 

These people where a nightmare ring from 7 in the morning till 9 at night up to 10 times a day. They where always told to go away as I had no dealings with them or the company they represented. Early in May 2007 I sent a CCA request to them. This was sent on the Saturday morning the last call I had from them was the Monday morning and I have never heard anything from them again nor did I get a copy of the CCA so they have definitely defaulted on that.

 

In march this year I received a claim form from the county court the claimant being the company that had bought the alleged debt but the address for correspondence was what I now no to be a dca. Immediately sent a cpr request to the dca asking for a copy of the CCA, statements, copy of default notice and a copy off the notice of assignment. I to date have received nothing.

 

Wrought to the court to ask for the claim to be struck out as they had failed to comply with my cpr request. Anyway the case ran its course did the Aq and got a dtae for the hearing. Prepared myself best I could bearing in mind I didn't even know what I was defending.

 

Got to court last week walked up to the usher who didn't know anything about my case so he had a look on the computer and the case had been struck out as the claimant hadn't paid the hearing fee.

 

My questions are

  • Should I ask the court for a wasted costs order as this has cost me in time and money
  • Should I report this to the OFT as it all seems a bit underhand to me
  • Should I report the original dca to the OFT for not supplying a cca
  • Who is responsible the dca or the company that claims to have bought the alleged debt

Thanks in advance for your help

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You could ask the court for a wasted costs order but you could be better off starting a claim of yourself against the debt collector. It would be best if you did this after a letter before action is sent to the debt collector themselves setting out what will happen within a reasonable time - 14 days is about right - if they don't repay your costs. If they ignore or refuse your request slap them with the claim and follow it through.

 

You should report the scumbags to OFT and the Financial Services Ombudsman. If the ****** debt collector's court claim came from a "solicitor" then the report should also be made to the Solicitor Regulation Authority. Your report/complaint will include failure to supply documents, starting a legal action they had no intention of continuing (and certainly no chance of winning) and processing your data without permission.

 

If the original creditor sold the debt on then they are out of the equation. But if they had just assigned the debt to be collected by scumbags then they are also involved as they are responsible for the action of their agents.

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You could ask the court for a wasted costs order but you could be better off starting a claim of yourself against the debt collector. It would be best if you did this after a letter before action is sent to the debt collector themselves setting out what will happen within a reasonable time - 14 days is about right - if they don't repay your costs. If they ignore or refuse your request slap them with the claim and follow it through.

Not sure who to claim against as the company that claim to owen the alleged debt are outside the UK and the address for correspondence is what i believe to be a debt collectors but they could be solicitors I just don't know.

 

You should report the scumbags to OFT and the Financial Services Ombudsman. If the ****** debt collector's court claim came from a "solicitor" then the report should also be made to the Solicitor Regulation Authority. Your report/complaint will include failure to supply documents, starting a legal action they had no intention of continuing (and certainly no chance of winning) and processing your data without permission.

Will report them to the OFT and financial ombudsman service what is the best way to do this

 

If the original creditor sold the debt on then they are out of the equation. But if they had just assigned the debt to be collected by scumbags then they are also involved as they are responsible for the action of their agents.

A company outside the UK claim to have had the alleged debt assigned to them but I have never had a default notice or a notice of assignment

 

Everything just seems to be underhand and they don't want to stand up and be counted. Even the address for correspondence was a PO box number

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Write to the company that issued the claim. If they are not liable then they would have to convince a judge why they thought they were able to issue a claim in the first place.

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On the claim form you received from the court there would be the name and address of the company chasing you for this money. Write to them. Let us know what they say - if they reply.

 

It might help those who are more knowledgeable if you were to reveal who these firms are.

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The claimants address is not in the UK but there is an address of a company in the UK to send correspondence to. Should I go after the firm with the UK address as I don't have a clue how to go after the one which is not in the UK.

 

Sorry for not saying who these companies are but I believe they must monitor these forums and I don't want to tip them off to what I am doing

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I was not aware a foreign company was able to start litigation in the UK for debts owed by an UK national to an UK-based company. I have an inkling I know who the firms are. If its helps send me a pm.

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