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Passed On Debt Without Termination

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Am I right in thinking a debt cannot be passed onto a DCA if the agreement with the OC hasn't been terminated?

 

Vanquis sent me a slightly questionable DN but never terminated the agreement. They just passed my details onto a debt collection company (1st Credit, who then got another dept within themselves, Connaught Collections, involved).

 

So far, the 3 different sets of people dealing with me have got so much wrong regarding the debt they are making things impossible!

 

If the agreement hasn't been terminated, does that mean that once I pay off the balance, it will be done then? Has anyone got any advice please?

 

Cheers!

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Banks etc very often use DCA's to try and collect monies owed to them.

The agreement doesn't have to be terminated for this to happen.

If the DCA buy the debt then yes it would have to have been terminated.


I have no legal training, any knowledge I have has come from this forum, and my own experiences. Always balance up any advice you get with your own common sense.

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Vanquis is a credit card company, not a bank. I heard from 1st Credit whilst I was still disputing the amount I owed Vanquis. 1st Credit's letter stated that they had been advised that the sum mentioned remained unpaid and their client had therefore instructed them to take appropriate action to recover the debt. On my next Vanquis statement, there is a little printed bit which tells me my details have been passed onto 1st Credit and to contact them.

 

When I speak to 1st Credit, they refer me to Connaught Collections. Vanquis does not know that this part of 1st Credit is dealing with my account.

 

I have had no official NOA that I am aware of. Just the letters from 1st Credit and Connaught and statements from Vanquis. It has left me utterly confused!

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It can be considered terminated if they have passed it onto a DCA and they are demanding the full balance and not just any arrears.

 

Did you get a default notice? If so, can you post it up and remove personal details, but leave dates intact? Often Default Notices are improperly served, and give you something to fight back at them with.


These are video links to show how I deal with Debt Collectors.

 

Fly fishing for C.A.R.S

http://uk.youtube.com/watch?v=zPtzK8FqE6k&feature=related

 

Frederickson International don't accept my card type

http://uk.youtube.com/watch?v=eiZBULlWW6Q&feature=related

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So....if you received a DN (or 2 as in my case and both are dodgy) and then its sold onto a DCA (who provided a dodgy NOA which they obviously printed themselves), and the DCA quote the full amount as being outstanding, does that mean its been terminated by the original cc company and UR could be claimed at some point in the future (if I can't get them with the equally dodgy (reconstructed) CCA they have provided)?

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http://i266.photobucket.com/albums/ii263/bethsweddingstationery/220720102325.jpg

 

http://i266.photobucket.com/albums/ii263/bethsweddingstationery/220720102326.jpg

 

I'm sick of this debt and want it gone. My boyfriend will lend me the money to pay it off if that's the route to go down. I am just fed up with all this incorrect info going round and no contact. They'd soon reply if I stopped paying altogether, wouldn't they?!

 

As they never recorded a default on my cr I'd just like them gone so they can't screw me over later down the line.

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Hopefully some-one will correct me if I am wrong:

 

29th Ocober 2009 was a Thursday. If the default notice was sent 1st class then it would be deemed to be delivered Monday 2nd November.

 

The date they gave to remedy the default was 8th November 2009 - a Sunday! Effectively they gave you 4 days (2 if they used 2nd class) to remedy the default. Having terminated the acccount (they demanded the balance) after sending an invalid default notice leaves you in a strong position.

 

One thing they are unlikely to do is remove the default - they will say that it happened.

 

Nothing that you do now will significantly improve your credit rating.

 

I don't think that they are entitled to more than the arrears on the DN.

 

You will need more advice than I can provide about how to proceed from here.

 

Whatever you do, don't talk to them on the phone, don't write to them until you have more advice, don't rush into anything and don't do anything without understanding what you are doing

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It's 20th October 2009 on the cover letter. It therefore gave me 18 days to remedy. NO default was reported on my credit file, though. They have not affected my credit rating, thank God, and I want to prevent it from happening by paying it off asap.

 

I've been paying them all the time, just not as much as they wanted (long story). I don't want 'partially settled' on my credit report, I want it to say 'settled' and do this before Vanquis decide to plonk a default on my report (which I understand would be unlawful now, if off of the DN in October anyway as it's been over 6 months since it was issued).

 

I don't usually talk to DCAs or anyone (I'm a bit phone phobic anyway lol) but had to call 1st Credit recently (who were extremely helpful) and it was from them that I realised Vanquis were processing or passing on incorrect data.

 

They've already had more than the arrears off me, I do not wish to fight them for arrears or anything, I just wanted to know what will happen when I pay this off - would they close the account or would I have to, which I guess has been answered in that it has already been terminated.

 

Any ideas what I should do about the amount I owe? As I cannot pay this off when no-one agrees on the amount left outstanding! I cannot wait to be shod of Vanquis, who I thought had been pretty good until I realised how long they'd been processing incorrect info on my debt for!

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If it was delivered 2nd class they you would have received it on 26th, still not enough time

If 1st class then you would have to look at the wording - it doesn't look quite right to me - you need an expert on DNs - also search the forums - there are specific phrases that must be exactly right in word, punctuation & appearance

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