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i sent an indispute letter to citicards april 2009 as they did not respond within time limit,they did send usual rubbish standard agreeement unsigned after a time,passed it to a couple of debt agents but i pointed out that when indispute it could not be passed to third party so they went away,now they have sold it on to another company so wrote to them saying the same as before so they passed it to another debt collector so which would have to prove the cca was legal?

thanks if anyone can help

fin

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hi finley303,

 

from what i have read so far on this great forum it would appear that the burden of proof would sit with the OC but only a judge could determine one way or another if it got as far as court.

 

You've done the right thing by informing the latest DCA that its in dispute.

 

i'm sure there'll be some more knowledgaeable CAGers' along shortly who can give you the benefit of their experiences.

 

cheers,

 

SH

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Hi finley303.........Your OC should not sell the debt whilst the account is in dispute,same as not passing the debt to a DCA whilst in dispute,however it happens and FOS do not have a good track record in upholding such complaints..Did OC send a DOA(deed of assignment) to you when selling the debt,this can take the form of a letter and the purchaser of the debt is required to do the same.Send a letter to the current DCA reminding them that when their client purchased the debt they also purchased the dispute and until such times that this dispute is settled any further demands will be considered as harassment (by whoever the current DCA is)and you suggest he refers this back to (whoever the debt owner is).to produce the copy of the signed agreement...............FS

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