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Blondie40

Credit Card - No CCA - Debt Sold to DCA

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Over two years ago, and after discovering CAG, I made a CCA request of a creditor. The document they supplied was an application form, they confirmed this by attaching to it a compliment slip with the message written on "in respect of you request under S78(1) of the CCA 1974 please find attached your application form. Please contact us with your proposal for payment within 7 days." - I have not made any payments since then.

 

The application form is unenforceable as it does not contain the prescribed terms, this was pointed out to them, they passed the account onto their own in-house DCA, then onto a further three external DCA's.

 

The final DCA after numerous letters demanding payment sent a "Security Telemessage" which informed me that recent transactions on your account are giving cause for concern PLEASE CONTACT US IMMEDIATELY.

 

I passed this onto the OFT and when I wrote to the DCA to inform them the account was immediately returned to the original creditor.

 

That was nearly a year ago and since heard nothing from OC or any DCA, until last weekend.

 

A DCA have written, on behalf of their client who have purchased the debt from the original creditor. The company who the debt has been assigned to are trading as the DCA. They have supplied nothing to prove the debt has been sold to them, nor have I heard from the original creditor that they have sold on the debt (although this seems to be quite common).

 

What is the best approach with something like this, do I start off again with a CCA request?

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No need to send another CCA request - you have established there is no agreement.

 

Dear Sir/Madam,

 

Re: (DCA)

I refer to your recent letter, the contents of which are noted.

 

I must admit that I am rather bemused as to why this alleged account has been passed to yourselves, as it is in dispute with(Original Creditor) and has been since (date). Not only is your trying to collect on an alleged debt for which there is no agreement a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998.

 

I would therefore be obliged if you would provide me with an explanation as to why you are attempting to collect on an alleged debt which was disputed with (OC) prior to your first contact with me, and has yet to be resolved.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

 

Yours faithfully

 

Send a copy of their letter to you and a copy of your reply to them to the OFT.

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Pinky69

 

Many thanks, will give your suggested letter a try. I don't imagine it will make much difference to them. Have already had two messages a day since last weekend from them asking me to call in regard to a very urgent matter in relation to (Original Creditor).

 

B40

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pers i'd totally ignore it.

 

you are on a phishing list.

 

responding just put a marker on their file that there is a possible mug yet to be convinced we need your money.

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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The can phish as much as they like, after two years of dealing with the many threats of "Court Action, CCJ's, Charging Order's, Attachment of Earnings, Bankruptcy, we've passed this onto our solicitors" etc etc etc.

 

I don't think I fall under the category of "there is a possible mug yet to be convinced we need your money".

 

Do OC's tell DCA's when they sell them the debts for (is it still 10p in the £) that they probably have an unenforcable agreement?

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Definitely not or they would never get them sold -lol. There must be a lot of very sore DCAs around!:lol:

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Do OC's tell DCA's when they sell them the debts for (is it still 10p in the £) that they probably have an unenforceable agreement?

 

You must be joking!:lol:

If they did they would never get rid of them, besides they sell them in bulk, and as for 10p in the £ don't forget were in a recession, the most some will pay for a debt is 6p in the £!


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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Know I need to spend some time looking through the many threads on this matter, but hopefully someone can offer some guidance.

 

When the original creditor sells a debt onto a DCA (in which they assign all rights to the DCA) and the DCA then issues a County Court Claim, is the DCA required to produce the original signed agreement between the original creditor and the debtor?

 

Also are the relevant default notices and termination notices those issued by the original creditor?

 

My experience in the past has been dealing with the original creditor as being the claimant, this is the first time I could be dealing with a claimant who is the DCA who bought the debt.

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Yes they do have to provide an enforceable CCA, since you never received one in the first place & the a/c is in dispute send the new DCA this; http://www.consumerforums.com/resources/templates-library/86-debt-collectors/574-letter-when-account-has-been-passed-on-whilst-agreement-request-is-in-dispute

Also are the relevant default notices and termination notices those issued by the original creditor?
Yes

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Thanks cerberusalert

 

Have already written to new DCA pointing out account has been in dispute for two years and also that this was pointed out to other three DCA's account was passed onto.

 

This is first time I have dealt with an account that has been sold onto a DCA as previous DCA's acting on behalf of their client and all passed back to OC after 3/4 months.

 

Going to be interesting to see how this one plays out.

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Report them and the OC to the OFT...

The Office of Fair Trading: Contact us


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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Reported one of the previous DCA's to OFT after they sent "Security Telemessage" which informed me that recent transactions on your account are giving cause for concern PLEASE CONTACT US IMMEDIATELY.

 

Got back a letter from OFT saying the "OFT has no authority to become involved in individual disputed between consumers and traders" and they had noted my complaint and will consider this alongside any other complaints we receive.

 

Has anyone had a result from writing to OFT?

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Has anyone had a result from writing to OFT?

 

You won't, all you will get as an individual is their standard response that they will file it until such time as they need to use it, if at all.

 

The whole point of making complaints is not only to highlight your own circumstances and difficulties with these companies, but too also help the rest that are having trouble with the unorthodox methods these companies use.

 

I am not 100% sure, but I think I am right in saying that the OFT, whilst they do not investigate individual complaints, will, if they receive more than twenty complaints within a four week period, begin their own investigations to said company.

 

So whilst you may feel that your complaint has had no effect, it all adds up to the file the OFT have against a company, and your complaint may just be the one that tips the balance and makes the OFT investigate:D

 

So i thoroughly recommend making complaints to all of the companies and organisations who claim to be in a position to police these DCA's and such like.

 

 

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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It would be worth reporting to Trading Standards as well. You may get much better results from them.

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This offer came much quicker than I thought:

 

Dear Blondie40

 

WE ARE WRITING TO TELL YOU ABOUT A VERY SPECIAL OFFER BEING MADE AVAILABLE TO YOU

 

THIS OFFER IS TIME LIMITED SO YOU MUST CONTACT US WITHIN 7 DAYS OF THE DATE OF THIS LETTER - (letter arrived 6 days after the date on the letter)

 

WE ARE PREPARED TO ACCEPT A FULL AND FINAL SETTLEMENT OF £XXXX.XX

THATS A 35% REDUCTION ON YOUR OUTSTANDING BALANCE

 

CALL US NOW WITH YOUR DEBIT CARD DETAILS

 

OR

 

USE THE ATTACHED PAYMENT SLIP AND SEND YOUR CHEQUE TO:

 

DONT FORGET YOU MUST CONTACT US WITHIN 7 DAYS OF THE DATE OF THIS LETTER.

 

IF YOU FAIL TO CONTACT US WE WILL INSTRUCT OUR SOLICITORS TO START COURT PROCEEDINGS AGAINST YOU.

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Original Creditor offered a 50% reduction over 12 months ago, but told them I would only consider settlement offers if they provided written confirmation that they had no enforceable CCA and no legal action would be taken.

 

I did'nt get a reply

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Wow! It's sale time! Roll up, roll up - you too can be taken in by your knock down prices!

 

Erm - not at CAG you can't. Foxtrot Oscar, as we say.:D

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was just about to post asking about the individual status and the OFT form, so thanks Boo for answering that.

 

Blondie, Im just doing the same thing a disputed debt with no CCA over a year ago has been sold on,let us know how you get on.

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I wrote to DCA point out OC's failure to supply CCA under s78 of CCA 1974 and requesting confirmation of assignment of debt and this is what they have supplied in return:

 

Assignment of Debt

 

SUBJECT TO CONTRACT

 

THIS AGREEMENT is made on XX XXXX XXXX

 

BETWEEN

 

(1)CREDITOR Bank plc a company incorporated in England under the Companies Act with

registered number XXXXXXX and having its registered office at XX XXXXX, XXXXXX

XXXX XXX (the “Seller”): and

(2)DCA (Registered Number XXXXXXX) whose registered office is at XXXXX XXXX, XXXXXXX, XXXXX XXXX XXX (the “Buyer”).

 

Each a “party” and, together, the “parties”

 

BACKGROUND

 

(A) The Sellar and other members of the Seller's Group are, inter alia, in the business of

providing credit to consumers.

 

(B) The Seller hereby agrees to assign (or procure the assignmnent of) the Debt on the terms set

out in this Agreement.

 

NOW the parties agree as follows:

 

OPERATIVE CLAUSES:

 

1.INTERPRETATION

 

1.1 In this Agreement and the schedules to it the following expressions have the

following meanings:

 

“Account” the accounts listed in Schedule 2

 

“Account Agreement” a copy of the agreement with the Customer which includes

the terms and conditions of the Account

 

“Agreed Rate” in relation to interest accruing in respect of any day means

4% above the base rate of XXXXXX prevailing at the close

of business that day

 

“Agreement” this agreement

 

“Affiliate” any person which is, in relation to a company, its parent or

undertaking or its subsidiary undertaking, or a subsidiary

undertaking of its parent undertaking or any other person

controlled by or under the same control either directly or

indirectly. “Parent

 

and that's it. How does this prove that a debt has been assigned as they have claimed. They have stated in an accompanying letter that they will not be able to supply a full copy of the agreement because the information contained within it is commercially sensitive. (They don't want people to know how little they have paid for the debts).

 

They have also requested a copy of the agreement from the OC, as they were unaware of any previous request made to our client, on my behalf. But go onto say that if they are unable to provide a copy of the original agreement, they will be able to supply a true copy of the document(s) that make up the agreement which will comply with section 77-79 of the Consumer Credit Act 1974. This will be interesting as OC still haven't supplied one and how can the OC be their client if the debt has been assigned, the OC would only be their client if they has passed the account on for collection.

Edited by Blondie40

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