Notice of assignment .... Help!

[drob]

I have a debt that has been assigned to a DCA from Vanquis Bank amd the debt contains charges that i belive to be unfair, who do you claim the unfair charges back from??

Edited April 10, 2009 by drob

[foolishgirl]

If the assignment is absolute you can claim against the DCA, if equitable (i.e. the DCA is just acting on behalf of the OC to collect the money), claim against the OC.

[drob]

Hi foolishgirl and thank you for your reply.

 

How do you know is the assignment is absolute or equitable as no reference is made to this in the notification of assignment

[nicklea]

If they are saying that the debt has been assigned to them then it is absolute. IF they say they are acting on behalf of Vanquis then it is equitable

[drob]

If they are saying that the debt has been assigned to them then it is absolute. IF they say they are acting on behalf of Vanquis then it is equitable

 

Unfortunately the DCA seems to be moving the goal posts to suit themselves so i just need something in black and white from the DCA. I have approached the DCA and asked for the charges back. The DCA claim that the charges are nothing to do with them and that i must contact Vanquis even though the DCA have told me that the account has been assigned to them.

Edited April 11, 2009 by drob

[drob]

if i write to the DCA are they obliged to confirm if the assignment of the account is absolute or equitable? I am thinking of sending the following letter......

 

Dear DCA

 

Account in dispute

 

I refer to your letter dated 8th April 2009 and must inform you that this account remains in dispute

I now request a signed true copy of the Notice of Deed of Assignment of the above referenced account & your confirmation as to whether it was absolute or equitable.

I look forward to you prompt reply.

Yours faithfully

[foolishgirl]

Are you perhaps getting confused between NOA & DOA drob?

 

Notice is the version you get telling you that the debt has been assigned, Deed is the contract between the OC & the DCA when the assignment takes place & you will not be issued with a copy of that at the time of assignment.

 

You can apply to the DCA for a copy of the NOA (although in practice they don't always keep them, just a note of the date they were issued) but you don't usually get to see the Deed (even if you ask) unless you request it is produced in court as part of the CPR/directions etc. This is because the deed usually contains 'bulk' sale of debts & would therefore include others' details aswell as your own & would be breach of DPA.

 

As nicklea said above, if the DCA says it has been assigned you can usually assume it is absolute (unless of course they are telling porky pies for some reason). You just have to ensure that if they take you to court, they produce the DOA in court to prove they actually own the debt. In the meantime, you have to assume they do & treat any requests, corresp. etc. as though they are the OC.

[drob]

So .... who do i go after for the charges?? The DCA has informed me that it is the OC and not them. Although the DCA have been assigned the account. Is the DCA trying to wriggle out of the charges issue?

[foolishgirl]

Yes!

 

However if all you're going for is the charges as a stand alone claim (i.e. not a counterclaim to a defence) you may find it easier to go for the OC.