debt sold while in dispute

[Carol16500]

On 13 January 2009 I received a letter from a debt collection agency who had taken over my debt. I wrote to them on 27 January 2009 requesting them to provide me with a true copy of the credit agreement relating to my account. I wrote to them again on 2 May 2009 advising them that they had failed to respond to my request and that the account is therefore in dispute and that they may not add further interest or charges to the account, pass the account to a third party etc (using the recommended template letters).

 

I heard nothing at all from them for nine months and then I received a letter from a different debt collection agency requesting payment in full plus payment of various charges that had been applied to the debt.

 

Can anyone advise me as to my legal position and adivse me as to what I should do now.

[accesspwd]

Thinking straight off, i would report them to the FOS and the FSA

 

Did you send your letters by recorded delivery?

[hellhasnofury]

On 13 January 2009 I received a letter from a debt collection agency who had taken over my debt. I wrote to them on 27 January 2009 requesting them to provide me with a true copy of the credit agreement relating to my account. I wrote to them again on 2 May 2009 advising them that they had failed to respond to my request and that the account is therefore in dispute and that they may not add further interest or charges to the account, pass the account to a third party etc (using the recommended template letters).

 

I heard nothing at all from them for nine months and then I received a letter from a different debt collection agency requesting payment in full plus payment of various charges that had been applied to the debt.

 

Can anyone advise me as to my legal position and adivse me as to what I should do now.

 

Hello Carol,

 

Can you post up a few more details regarding this.

 

Was the account sold (assigned) to the first dca?????

 

It is their normal practice to sell anything they can to make a quick buck:eek:

 

IMO dca do not know anything about anything, they think they can do what they want to.

 

There are a few bit of legislation and guidance they are in breach of:D

[Revenant]

Hi Carol

Throw this at them then sit back and wait as no further action should have been taken as you put the account into dispute . .

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/574-letter-when-account-has-been-passed-on-whilst-agreement-request-is-in-dispute

 

Amend the letter accordingly and usual advice . . print name don't sign and send recorded

Good luck

R

[Carol16500]

To answer the questions, all letters were sent by recorded delivery and I have signed proof of receipt.

 

The debt was originally with Halifax, then Blair Oliver Scott took it over. I was paying them each month in accordance with an agreement we reached. Then out of the blue I received a letter from the debt collection agency that I requested the copy of the CCA from. I have no idea whether it was assigned or sold.

[hellhasnofury]

To answer the questions, all letters were sent by recorded delivery and I have signed proof of receipt.

 

The debt was originally with Halifax, then Blair Oliver Scott took it over. I was paying them each month in accordance with an agreement we reached. Then out of the blue I received a letter from the debt collection agency that I requested the copy of the CCA from. I have no idea whether it was assigned or sold.

 

Hello Carol,

 

Can you hunt out the original letter from BOS and have a look at it. It will either state instructed (not sold) or sold(assigned) to:rolleyes: It is important to know which one????

 

If the Halifax have instructed BOS(a DCA) we need to know, as the Halifax would still be the original lender.

 

If the Halifax have sold it, it becomes assigned to the DCA under the Law of Property act, Even with assignment there are two different options, so again it is important to know which one it is.

 

IMO DCA have more than one company name under their umbrella:rolleyes: so than can make you think allsorts of things:eek:

[Artie44]

Hi Carol

Throw this at them then sit back and wait as no further action should have been taken as you put the account into dispute . .

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/574-letter-when-account-has-been-passed-on-whilst-agreement-request-is-in-dispute

Amend the letter accordingly and usual advice . . print name don't sign and send recorded

Good luck

R

I can see this letter being used where the original creditor has referred (but not sold) the account to a DCA to collect on their behalf.

 

What if the original creditor refused to accept the dispute was valid and then sold the debt on to the DCA? The OC says you must deal with the DCA and the DCA says "we bought the account, we don't recognise any dispute, pay up".

[postggj]

When You Put A Dispute In With The Original Creditor

 

The Original Creditor Has To Reply To YouR Dispute With The Option Of Passing It Up To The Financial Ombudsmant

 

They Must Give A Final Response With In Eight Weeks Of Receipt

 

The Sale Of The Debt (assignment) Would Therefore Be Unlawful And The Dca Has No Authority To Be Processing Your Data

 

As Long As You Have Proof, Recorded Delivery Of Your Dispute Or Acknowledgement From The Original Creditor

 

They Are Stuffed

[Guest jsa12]

hi,

 

I have downloaded several template letters' with my own issues' with these "agencies".here is one of them that applies to this situation.

 

 

 

Dear Sirs,

 

Account No: XXXXXXXX

 

I write with reference to the above numbered account. I would like to point out that this account is formally in dispute with **Original Creditor ** and has been since they failed to acknowledge my Consumer Credit Agreement (CCA) Request, in line with s.77-s.79 of the Consumer Credit Act 1974 (CCA1974).

 

As you are no doubt aware, your continual harassment not only breaches the Consumer Credit Act (1974), but also the Data Protection Act (1998), the Consumer Protection From Unfair Trading Regulations (2008) and the Office Of Fair Trading's Debt Collection Guidelines. Being that the Original Creditor is now in default of my CCA Request and OFT Debt Collection Guidelines, I consider this account to be in serious dispute, especially due to the fact that whilst my CCA Request remains in default (outstanding), enforcement action is not permitted in line with s.127(3) of the CCA1974.

 

Consequently, any legal action you pursue will not only be fully and vigorously defended, it will also be averred as both unlawful and vexatious. As such I respectfully suggest that this account is returned to the original creditor for immediate resolution prior to my seeking legal advice; due to the fact you cannot lawfully pursue any enforcement activities as the account was already in dispute at the time you became involved.

 

If you decide to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

I hope that this will not be necessary and an acceptable solution can be accomplished. I would appreciate your due diligence in this matter and look forward to hearing from you in due course.

 

Yours faithfully

 

 

 

 

Sign digitally

[Artie44]

The Sale Of The Debt (assignment) Would Therefore Be Unlawful And The Dca Has No Authority To Be Processing Your Data

 

As Long As You Have Proof, Recorded Delivery Of Your Dispute Or Acknowledgement From The Original Creditor

 

They Are Stuffed

 

I have proof of posting but there was no acknowledgement from the OC who terminated the account a few days later. Two months later they sold the account. I sent a copy of my original dispute letter - they say they did not receive it.

[Artie44]

......As such I respectfully suggest that this account is returned to the original creditor for immediate resolution prior to my seeking legal advice; due to the fact you cannot lawfully pursue any enforcement activities as the account was already in dispute at the time you became involved.

 

Can the DCA return it to the original creditor after they have bought the debt?

 

I suppose the OC could buy it back, but what if they refuse to do so?

[postggj]

most debts are equitable assignments

 

meaning if the dca fails to collect, they can hand the account back without penalty