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WormHasTurned

Disputed Debt 'stayed' at court is then sold to DCA .. who want details of the court case from me

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Bumping thread too! I hope someone will be along who can answer your question


Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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The first thing you may want to do is contact the court to ensure the egg case is still stayed and hasn't been struck out/discontinued.

 

It may be in your best interests to leave the egg case stayed - egg shouldn't be able to do anything as they no longer own the account, whilst CL Finance may have a hard time going to court if the egg case is still with the courts.

 

If egg won't communicate with CL Finance, then I don't think CL Finance can get the egg case dismissed as they weren't a party to the original court case, they may not be able to just change the names on the court form either as you need to receive notice of assignment prior to court proceedings (though who knows if that applies to accounts sold during court proceedings).

 

I'm also not sure but I think if the original case is struck out/discontinued they need permission from the court to restart proceedings? (if egg weren't willing to provide docs than CL Finance are not likely to be able).

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If Cohen have absolute assignment then they should have all the details and all paperwork for the account. I hope someone will back me on this but my feeling is to tell them in a polite way to sort it out themselves.


Dont let the parasite dca's prosper

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batman, you'red backed! This is not your responsibility, Worm, and you shouldn't be expected to do their dirty work for them. In any case, if they don't have all the paperwork from Egg to get the stayed court case resolved, it's unlikely you'll have anything to worry about.

 

I disagree with you on one point, though, batman - I wouldn't be so polite about it...:D


To err is human: to completely mess up is my peculiar gift.

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I agree with you avatari! LOL Worm does not need to be very polite about it!:D:D:D


Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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Just inform them that you will cross reference any court case with the original stayed case - that should shut them up. Again that is all you need to state.

 

The onus, as always is on THEM to keep documentation, after all they are the prosecutors/persecutors not yourself and as a lay person you do not need to know how long you should keep detailed records for.

 

Really these 'solicitors for rent' need to be taken to task and shut down.

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Thank you everyone - I will phone the Court and double check that the case is still stayed - (it was last time I asked over a year ago, and I have heard nothing since).

 

I think (unless anyone here feels it is a bad idea) I will also send CL Finance a CCA request, and see what they come back with. (There was no CCA with the info Egg sent me over 2 years ago in response to my SAR, and their previous DCA (DLC) was unable to supply it in response to a CCA request, again over 2 years ago, and of course they never got back to the court with one.

 

What do you think the likelihood is of Egg either

 

- selling on the debt without a CCA

or

- belatedly having a CCA but instead of going back to court - selling it on to a DCA but omitting to mention the ongoing court case?

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I would be inclined not to write to CL why give them the heads up on why the case didnt proceed before and give them the chance to rectify it. One important thing to remember though if you do write to them DO NOT sign anything. It is not unknown for a DCA to copy and paste a signature onto an agreement to make it look genuine.


Dont let the parasite dca's prosper

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Not sure what benefit CCAing CL would bring you? Let them do all the chasing. By all means though phone the court for an update.

 

What do you think the likelihood is of Egg either

 

- selling on the debt without a CCA

or

- belatedly having a CCA but instead of going back to court - selling it on to a DCA but omitting to mention the ongoing court case?

 

- Extremely high to selling on without CCA, loads of companies do this!

- They probably don't have a CCA. But if they have miraculously found it, then the likelihood of selling depends on a) if they consider it enforceable, b) whether they have already written the debt off against tax, c) simply how organised their systems are. There are loads of variables.

 

Bottom line is, if this is still stayed, heed advice given by somoene_else/batman above and let them do their own leg work. Anything else is just helping them. I get the feeling this won't be going anywhere, it's just a fishing trip. It'll end for definite with SoL kicking in.


To err is human: to completely mess up is my peculiar gift.

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How is all this going??

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Well, wouldn't you just know it -

 

.. another letter just received about this from another DCA regarding Egg.

 

Let me see - it's just over 6 years since my last post.

 

"We have been notified of recent activity on your credit file, which suggests that you are now making positive steps to resolve your financial situation. Your account with us does however remain unpaid. We want to help you to get this resolved and we would like you to pay this account at an affordable amount" ..... etc

 

So what should be my best course of action?

 

Statute barred?

Ignore?

Account in Dispute?

or something else?

 

Thank you kind people of CAG.

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sorry, duplicate message

Edited by WormHasTurned
duplicate

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This absolutely has to be statute barred. Write one letter back saying so and saying you will not enter into any further correspondence. They should not contact you again.


RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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Careful with the statute barred comment.

 

If a case is involved in legal action the clock stops ticking as far as I am aware. I would assume the clock does not tick when it is "Stayed"

 

I would ignore the letter entirely. Its a begging letter. "We know we cannot enforce but please give us some money"


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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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FINALLY THE RESULT!! -

 

Several months after sending the statute barred letter, and with many holding replies .."please note we have not yet received a response from the original creditor.."

 

Today they write "We acknowledge your recent communication and write to inform you that the account to which you were referring is now closed on our files" Amount due £0.00. They also gave me "for future reference" their client details.

 

Their client is at the same address ;)

 

(before you ask - Robinson Way and HPH LTD)

 

Let's hope this is the final result for this thread.

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