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Dinkjames
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Right, so I got a letter from LF in May saying that a debt owed had been been sold and assigned to them. The OC was still outstanding with my request under the CCA, so I sent LF a 'bemused' letter. Yesterday, I got the following response:

 

Thank you for your letter dated xx. Please be aware that the debt is known as 'chose in action' [:?:]. As the OC holds the legal right to collect the debt, they also hold the right to assign their rights to LF. Although the lender does not need your permission to do this, Section 136 of the Law of Property 1925 requires, in order for there to be a legal assignment, that notice of assignment should be given in writing, This was sent to you on xx. In your letter you state your CCA request remains outstanding. Please provide us with the details you are requesting so we can action your request accordingly. Your OC account was assigned to LF in xx. The responsibility to manage teh information placed with the CRA's by OC was also passed at the time of purchase therefor we do not believe we are in breach of our responsibilities under the DPA with regards your details. We maintain the information we are reporting to the CRA's is an accurate reflection of how the account has been paid and therefore we will not be removing this default.

 

If you have blah, blah blah

How do I respond? Do I send them a copy of the letter to the OC requesting the CCA? Do I CCA them directly?

 

With regards the CRA's, both the OC and LF are reporting 'D' on my credit record, so I have 2 for the same debt.

 

Advice appreciated.;)

Please note that I am not a solicitor or legally trained. The advice I give is from my own personal experience based on my own personal circumstance. If you choose to follow any advice I may give, please make sure you understand the implications of following that advice. :-)

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I have drafted a letter to LF in response to their letter above. I would appreciate it if someone could read through it and let me know what you think.

 

Thank you for your letter dated XX which I received on XX+3. I have noted the contents of the letter and respond as follows:

 

On XX, I sent a request to OC to refund all the unfair charges levied on the alleged account plus interest. OC failed to respond or acknowledge my request in the 14 days granted them.

 

On XX, I sent a request with the statutory fee to OC for a true copy of the Credit Agreement pursuant to s.78(1) of the Consumer Credit Act 1974. As OC failed to reply to my lawful request in the time allowed, provisions of s.78(6) apply to this alleged account.

 

On XX, I sent a Subject Access Request with the statutory fee to OC under the Data Protection Act 2008. OC have failed to acknowledge receipt of my letter and have until 20 June XX to comply before a complaint is made to the Information Commissioners Office.

 

On XX, I send a Letter before Action to OC, raising the above matters with them and giving them an additional 14 days in which to address my disputes on the account. In their reply to this letter, I am promised an appropriate response by XX. If I do not receive a response by the date stated, I intend to start legal proceedings against OC.

 

As this alleged account is in serious dispute through a lack of co-operation and non-compliance from OC, a number of additional clauses contained in the Consumer Protection against Unfair Trading Regulations 2008 and the Consumer Credit Act come into force.

 

Examples of unfair practices are as follows - 2.8

(i) - 'Failing to investigate and/or provide details as appropriate, when a debt is queried or disputed, possibly resulting in debtors being wrongly pursued'

(k) - 'Not ceasing collection activity whilst investigating a reasonable queried or disputed debt'

 

I would further maintain that under the CPUTR 2008 regulations, OC did not have the right to assign the debt to a third party whilst they failed to investigate a valid dispute or complaint.

 

In addition, under s.78(6) of the Consumer Credit Act, the creditor is not allowed to take any action whilst the account is in dispute. These actions include, but are not limited to, transferring the account to a third party.

 

Therefore I am of the opinion that the assignment of the alleged agreement to Link Financial is unlawful and breaches a number of regulations and I do not accept that you have the right to collect any outstanding monies owed under the alleged agreement.

 

In reply to your response regarding my Section 10 request under the Data Protection Act, I have demonstrated above that OC did not have the right to assign the alleged account to you and therefore you do not have the right to process my data. Further, if you maintain that you do have the right to process my data, then as part of your responsibilities to ensure that that data is accurate, you should have ensured that OC had removed all their data relating to me from my credit record. You have failed to do this and there are now two separate defaults registered against my credit report for the same account and amount. Therefore if you do not remove your entries from my credit file, I will be required to take further action in this regard.

 

If you still maintain that you have full rights of the original creditor in this matter, please advise me in writing as to your reasons for this. In that event, should it be necessary to bring legal action against OC, then you will accept that you are jointly liable with them in any action.

 

I would appreciate your due diligence in this matter. I look forward to hearing from you in writing.

Please note that I am not a solicitor or legally trained. The advice I give is from my own personal experience based on my own personal circumstance. If you choose to follow any advice I may give, please make sure you understand the implications of following that advice. :-)

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Are there no wordsmiths around? Please ;)

Please note that I am not a solicitor or legally trained. The advice I give is from my own personal experience based on my own personal circumstance. If you choose to follow any advice I may give, please make sure you understand the implications of following that advice. :-)

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