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Hi Can anyone help me with this..

 

I defending a claim for a credit card debt..

 

the dca has supplied microfische copy of an agreement, faulty default notice and faulty notice of assignment..

 

the dca has served another default notice on me while litigation is in progress, therefore I think they are tyring to suggest that the agreement is still live..

 

what I need to know is.. does the court action to demand full payment terminate the agreement, or was it terminated when it was sold to the dca

 

 

 

thanks.... johnny

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Hi,

First of all, you cannot be defaulted for the same debt twice

 

If the DCA are the sole claimant then they must have bought the debt. If they were collecting on behalf of the original creditor(OC) the OC would be named as co-claimants

 

As you have received a DN (albeit faulty. Why is it faulty?) and a NOA, (how is that faulty?) then this account is terminated

 

So, to answer your question, the account was terminated when it was sold.

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Hi Silverfox1961,

 

thanks for your reply..

 

I think I need to send them a letter accepting their unlawfull rescission of the agreement, should I send this to the oc? and the dca?

 

also is there a limit to how long after I can accept the termination?

 

thanks...Johnny

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