I recently took a DCA to court

[RETURNED TO SENDER]

but the judge dismissed my case, can I appeal to the county court as I dont think the judge understood the law very much on debts in dispute ?

[twofoot]

Why not give us more details about the case then you may get an opinion.

[RETURNED TO SENDER]

Hi

 

I will try to be brief.

 

I had a loan ( In fact six loans over a 1 year period ), bank account and a credit card debt that added up to 23k, I could not afford the repayments so I offered my bank £100 a month which they declined.

 

I started legal proceedings against HSBC to recover unfair bank charges which they settled and at the same time trying to sue them for not acting in my best interests as one of their customers.

 

After they settled the bank charges HSBC sold " the debt " to a DCA, when they first telephoned me I told them the debt was in dispute which they made no comment on, I agreed a couple of weeks later to pay them monthly as I was fed up of their contant phone calls to me, at that time I was unaware of the OFT and the banking code of practice stating a debt in dispute cannot be sold or passed on to a DCA, when I found this out I asked the DCA to investigate this with HSBC which they did and confirmed it to me in writing that the debt was in dispute with HSBC.

The DCA would not refund what I had paid them so I took them to court, but the judge on the day dismissed my case as he said it was not in dispute when the DCA had purchased it even with written evidence from the DCA themselves !!!

[PGH7447]

Afraid not - how was it in dispute if HSBC refunded the charges, (I assume that was the reason for the default)

 

Also I believe that once you have paid whatever to whomever in realtion to a debt then it has gone, unless of course the debt was not yours anyway

 

Could be wrong but dont think I am

[ScarletPimpernel]

I think I had a similar situation. HSBC pursued me for a debt made up entirely of charges. As soon as I disputed it, they sold it to a DCA who then attempted to chase the whole amount. The DCA took the debt back to HSBC for a refund in the end.

[RETURNED TO SENDER]

I had a letter from the DCA recently asking me if I want to put a bid in to buy this debt off them, any one else had this ploy.

 

I was wondering if they would accept £100 to settle the debt !

[twofoot]

No more than 10% but be sure to head the letter I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY and also WITHOUT PREDJUDICE

[RETURNED TO SENDER]

Thanks Twofoot.

[RETURNED TO SENDER]

I CCA'd Lowells and they cant find it so they are no longer persuing unless the CCA turns up in the future, should I send a final letter warning them not to try and sell this matter to a different DCA and get any defaults removed that they may have put on my credit file ?