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Regarding OC's, DN's, Terminations & Assignments to DCA's


charlie*
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Hi all,

 

Showing an active interest in the monetary system over the last year was easy...

that is general knowledge, easy to remember, plenty of web sites to refresh...

 

... what is very hard for me (and probably for a lot of other older Caggers too) is

retaining the right kind of information gained in this forum to help with getting

rid of our problems... or keeping the DCA's at bay... so, I apologise if it seems that

I am going over some of the ground that has already been covered.

 

I make this an apology because I'm sure some of our well read co-members and

monitors who try to help must be wondering what sort of tom fool game I'm playing.

 

It's no game, I really do need some back up if anyone is feeling generous enough

to help out...

 

Eventually, I think many of us come to the crunch time - perhaps the last

move on the board to try and prevent the dreadful prospect of a day in court - made

worse, much worse for many when the actual debtor (an OH for example) is not doing

the letter writing or the lying awake in bed wondering whether or not the system

will be able to force a sale of their home.

 

We have a couple of card accounts that have been terminated on the back of

invalid agreements, incorrect Default Notices followed by unlawful terminations that we

accepted as per suggestions some months ago requesting details of any overdue payments.

 

Both cards are over £5000 with 2 well known banks. Payments were stopped almost two

years ago and now, this is the situation.

 

After much to-ing and fro-ing over 2 years by mail both banks eventually served Default

Notices neither of which complied with s87/88...

 

... and then terminated the accounts in the usual manner - that is on the backs of

a) an invalid credit agreements (applications) and b) invalid Default Notices..

 

We acknowledged both terminations as suggested and asked for a note of actual money

owed, being the default payments total - a few £hundred.

 

They did not reply to our requests and in due course we received a letter

from 2 DCA's (known for buying - or saying so) each stating they had purchased the

debts and asking for payment of the FULL amount that was owing to the OC. - some

- both over £5000, before termination..

 

As the OC's terminated unlawfully on the back of invalid procedures and then without

any further effort or contact sold them to the DCA's, can the DCA's.....

 

a) issue new default notices for the full amount of a closed account (£5000)?

b) claim anything other than the actual arrears - which, it seems to me is what

they actually bought or is there any other method the can use?

 

Any thoughts here would be much appreciated

 

Thanks very much,

 

charlie

Edited by charlie*
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