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hme.4x4

Advice Oh Wise Ones!

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I don't want to name names here right now as I am at a tricky stage with this.

I have received a letter this morning from the compliance dept of a well known DCA with a HU 1 post code as follows;

 

You state that you do not acknowledge and debt to HU 1 but you have already made such an acknowledgement as following the assignment you made payments to us. It is now too late to say you do not acknowledge it.

The Notice of Assignment was sent to you on XXXXXX, They have already sent me a home made copy dated three months later than this.

I apologise for the typographocal error in my earlier letter which referred to XXXX. Whilst I cannot be absolutely certain that you received the Notice, the fact that 11 days later (on XXXXXXXX)) we received correspondence from the Debt Counsellors on your behalf, it is a reasonable assumption that you did receive the Notice. If you had not how would they have known to contact us? I entered into a DMP at that time.

I note your comments regarding legal defination of 'legal assignement' but repeat that the Notice was sent to you and I believe was communicated to you. It was not returned to us and you commenced payments after this. However, if, which is not accepted, the provisions for legal assignment have not been met, the transfer of the debt to HU 1 would operate as an equitable assignment. I deny , therefore that any activity we have undertaken is unlawful.

I have already explained to you that I believe we have complied with the provisions of the Consumer Credit Act wth regard to documents which have previously been provided to you.

In the circumstances, I believe the entry at the credit reference agencies is valid as it accurately reflects that you failed to pay the account.

I sent them a SAR last week and this letter was sent the day after they received the SAR.

I have persisted in trying to get;

 

A true copy of the executed Consumer Credit Agreement and not a mailer Application Form.

 

A true copy of the original Default Notice which you claim was furnished by the original creditor.

 

A true copy of the actual Assignment from the original creditor to HU 1.

 

A true copy of the original Notice of Assignment which HU 1 claim to have sent.

 

They have persistantly failed to send any of these and I am waiting with interest to see what they can rustle up for the SAR request.

 

Can anyone give me their advice on this please??????????

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You state that you do not acknowledge and debt to HU 1 but you have already made such an acknowledgement as following the assignment you made payments to us. It is now too late to say you do not acknowledge it.

 

Yes granted, any payment would be constured by the Court as an acknowledgement of a debt,.

 

I apologise for the typographocal error in my earlier letter which referred to XXXX. Whilst I cannot be absolutely certain that you received the Notice, the fact that 11 days later (on XXXXXXXX)) we received correspondence from the Debt Counsellors on your behalf, it is a reasonable assumption that you did receive the Notice. If you had not how would they have known to contact us?

Again 6 of one and half a dozen of the other, however if they have stated that they cannot be certain of the delivery of the notice (a DN??) then they also cannot be assured that the simple action of your debt counsellors who communicated with them to have been assumption that you received any correspondence from them!

 

In layman's terms, just because someone has communicated with them after they have sent some random correspondence, does not mean that you or anyone acting on your behalf has acknowledged or even received said correspondence:)

 

Boo:wink:


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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In layman's terms, just because someone has communicated with them after they have sent some random correspondence, does not mean that you or anyone acting on your behalf has acknowledged or even received said correspondence:)

 

Boo:wink:

 

That one is going a bit too far. If you suddenly change a payee name, they are right in that you have recieved something from them. However, it does not mean the NOA is the letter you responded to, only you responded to some letter. Neither does it mean the NOA fits the legal criteria for a NOA.

 

The Limitation Act means the debt has been acknowledged by payment. However, the letter itself does not mean you agree who is the owner.

 

Correct me if I am wrong, this seems to be a complaint over CRA reporting than anything else.

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The Limitation Act means the debt has been acknowledged by payment. However, the letter itself does not mean you agree who is the owner.

 

Whilst I should be able to come back with a reasonable argument:) I bloody well can't and I blame the beer:eek:

 

Although aktiv, I don't see that hme wants to fend them off with the SB act?

 

I can however hear my pillow calling:wink:


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Whilst I should be able to come back with a reasonable argument:) I bloody well can't and I blame the beer:eek:

 

Although aktiv, I don't see that hme wants to fend them off with the SB act?

 

I can however hear my pillow calling:wink:

 

Keep off the beer :p

 

Seriously I do see the question being answered from the wrong angle. Hme seems to be really concerned with a DCA reporting negatives on their credit file when no CCA has been produced, the acknowledgement is not going to help there due to the payment which was the only point I was making.

 

~added after~

Whatever the type of assignment, DCA's can report under their own name or the banks name. It is no use just complaining over the legalities of assignee to report in their own name if the end result means the entry either stays exactly as it is, or, changes to an identical entry under banks name. The focal point here needs to be what anyone can report when payments are held back due to non-cca compliance.

Edited by make them aktiv runners

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Just a small point, may or may not have relevance:

 

In the typed copy of their letter (Post 1) they are being grammatically incorrect: They use both 'we' (ie. the company) and 'I' (the individual) so this could be construed that some points are from the DCA as a Company and others are just personal opinions (as in 'I' and not 'we').

 

So, in theory at least, their are points that could be raised as to the total validity of what they are saying as a company.


Every journey begins with a single step :):)

 

Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

 

If you have found my post helpful please leave a short message by clicking the star to the left of my profile - Thank You

 

The only person entitled to your Personal Finance details is a Judge not a DCA

 

Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.

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I think I need to put this in order of events so that people can understand.

I entered into a DMP about 5 years ago having been left with a mountain of debt from my previous OH and being on Incapacity Benefit there was no way I could handle it as the charges for interest were just about killing me.

This account was one of the ones I entered into the DMP with.

I have never received a Default Notice or Notice of Assignment from the OC or DCA.

None of my creditors have produced an enforceable agreement, some haven't produced anthing at all, so I stopped paying them through the DMP in June of last year.

This DCA produced a mailer Application form which had alterations on it and was completely illegible.

I asked them for a copy of the DN and the NoA. They sent a home made NoA which was dated 3 months after they had defaulted me on my CRA reports, no DN at all.

Now they are saying I responded to the NoA (which I never received) It was purely co-incidental that I entered the DMP shortly after that.

They do not have an enforceable agreement, they have persistantly failed to supply the copies of the original DN, NoA or true copy of the agreement and they have recorded a default on my CRF for five years, which they refuse to remove.

The dates they have given have changed in every letter I have had from them, they don't seem to have accurate records for anything related to this account, pick a date any date will do.

Following advice on here, I have told them I do not acknowledge any debt to them until they produce a valid CCA. Are you telling me this now wrong?

I am not going for the SB route, I am just trying to get correct documentation as I have been requesting it for months, and, if they can't produce the documentation I want the default removed.

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That one is going a bit too far. If you suddenly change a payee name, they are right in that you have recieved something from them. However, it does not mean the NOA is the letter you responded to, only you responded to some letter. Neither does it mean the NOA fits the legal criteria for a NOA.

 

THe first bit of what aktiv says is right. However, I would suggest that it does not matter whether you responded to the noa or to any other letter that says this debt is now owned by them. If you do respond at all, by paying them, telephoning them or writing to them then you will have acknowledged the assignment.

 

In terms of legal criteria, there is very little. It merely has to say "your debt with x is now payable to y". If it does say anything about the date or the amount then it does have to be accurate, but otherwise, that's all there is to a noa

 

 

hme,

 

given that you are/were on a debt management plan and you haven't paid them anything for a year, if it were me I would continue not paying them. If they were in a position to do so, I would suggest that they would have taken you to court by now.

 

You can ask for correct documentation as much as you like, but if they don't want to send you anything then they don't have to. The only way to force them to do this is to take them to court. Is that something you want to do?

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Following advice on here, I have told them I do not acknowledge any debt to them until they produce a valid CCA. Are you telling me this now wrong?

 

No on the contrary, it is correct advice and should be followed.

If you have requested from them a Valid CCA and they have failed to produce one, then place the account into dispute stop all payments to them, and maybe then they might pull their finger out and attempt to find the correct legally enforceable documentation.

 

Boo;)


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Good advice, thank you.

I have as I said already placed the account in dispute and stopped paying them and they still haven't come up with an enforceable agreement.

 

The reason I wanted a NoA from the OC is because I believed that is what should happen.

 

Anyone, even the milkman could write me a letter to say he was now the owner of the debt, and without a OC NoA I wouldn't know any different.

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Don't give them any more ideas about using milkmen and postmen to collect alleged debts!:-D


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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:D:d:d

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