no proof that 3rd party dca has authority to 'act on behalf' of owner of debt - advice please

[stardeed]

We've had 2 dca's both pursuing the same debt. This is all well past the cca request stage as a ccj stands.

 

The problem is that after requesting both dca's confirm in writing to provide proof of their authority to act only 1 has, and that 'proof' is just their 'letter before legal proceedings' which we already had. We wanted something from the debt owner clearly showing in writing that they authorise this dca to act for them.

 

This same dca entered false info on court paperwork ie: the 1 who signed papers states he holds an admin type job when he's actually a director of the dca! He signed a statement of truth to this effect. Has any wrongdoing gone on here?

 

The debt has to be paid but how can we be sure the right party is going to get the money? I know most will say 'you pay who the court action was taken by' which is fair enough, but after reading/hearing stories of how mistakes can happen at county court level, this isn't reassurance enough, do the courts check a dca's authorisation before accepting that dca's claim?

[MARTIN3030]

Can you explain a bit more ?

Who are the DCAs ?

They are either acting as agents or else they have assigned.

Have you looked on your credit files lately ?

Can you state what the figures are and also what it relates to ?

[harrassed senior]

When was the CCJ granted, and have you made any payments yet, and if so, who too. Also to whom was the CCJ granted.

 

It is an opinion on here that it should be paid only to the actual other party on the CCJ, others feel it can be 'assigned' but needs the permission of the Court before payments can be made other than to the party named on the CCJ.

 

When you say they are threatening legal action, are they actually aware of the CCJ?

[stardeed]

When the debt was assigned, a letter from the original lender stated that the new owner of the debt had appointed a dca to 'manage' the account for them. That dca has never taken any court action, and the most recent statement from them shows a total balance owning of around £300 LESS than the amount owed according to the 2nd dca - following the additional charges that court actions have added.

 

The dca who has taken the court action, has never provided any proof that they had the authority from the new debt owner to act on their behalf. That's the main issue right now.

 

The credit file only mentions the new owners of the debt, nothing relating to this dca who took the court action.

 

Can you explain a bit more ?

Who are the DCAs ?

They are either acting as agents or else they have assigned.

Have you looked on your credit files lately ?

Can you state what the figures are and also what it relates to ?

[angry cat]

Who is the DCA and;

who was the original creditor/lender?