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DCA or OC - not sure what to do here - can anyone help?


Sirensinger
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Hi, can anyone suggest what I should do in this case? Briefly as poss, I had a debt of around £1,000 with ********* bank, I requested return of bank charges - it was stayed pending test case, I got it unstayed as it was a credit card - they were asked to submit defence again and didn't, I applied for Judgment by Default, adding a sum in respect of interest - ***** bank's solicitor then wrote to me refunding most of the money but stating that interest was too high and they would not refund it. I wrote saying couldn't consider matter closed until all refunded - though later began to suspect I had miscalculated. I didn't get a response - in fact it's possible I forgot to send the letter, as can't find a receipt, though I have a copy.

 

Six months down the line, I got a letter from ***** DCA, who say they've bought the debt. They got a CCJ as I didn't receive papers. They don't have a CCA - but I had one from original creditor.

 

I have applied for set aside on grounds of non-service and no CCA. I had no objection to paying original creditor once we'd decided on correct amount, but thought I was still waiting to resolve this with their solicitor. The DCA have been incredibly rude, lied to me and insulted me on the telephone, and though I've now requested the CCA, they haven't supplied it.

 

the OC has now been texting me asking me to ring them. I haven't, because I suspect it's in relation to this, and I don't know how to proceed. I would be happy to arrange instalment payments with them, but not with the DCA.

 

Since they've supposedly sold the debt, what should I do? Is there any point in my telling them I'll pay them but not the DCA? I'd assume it's too late for that, but I wonder why they've tried to contact me if they no longer have any connection with the debt?

 

Any ideas?

 

Cheers!

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Hi, can anyone suggest what I should do in this case? Briefly as poss, I had a debt of around £1,000 with ********* bank, I requested return of bank charges - it was stayed pending test case, I got it unstayed as it was a credit card - they were asked to submit defence again and didn't, I applied for Judgment by Default, adding a sum in respect of interest - ***** bank's solicitor then wrote to me refunding most of the money but stating that interest was too high and they would not refund it. I wrote saying couldn't consider matter closed until all refunded - though later began to suspect I had miscalculated. I didn't get a response - in fact it's possible I forgot to send the letter, as can't find a receipt, though I have a copy.

 

Six months down the line, I got a letter from ***** DCA, who say they've bought the debt. They got a CCJ as I didn't receive papers. They don't have a CCA - but I had one from original creditor.

 

I have applied for set aside on grounds of non-service and no CCA. I had no objection to paying original creditor once we'd decided on correct amount, but thought I was still waiting to resolve this with their solicitor. The DCA have been incredibly rude, lied to me and insulted me on the telephone, and though I've now requested the CCA, they haven't supplied it.

 

the OC has now been texting me asking me to ring them. I haven't, because I suspect it's in relation to this, and I don't know how to proceed. I would be happy to arrange instalment payments with them, but not with the DCA.

 

Since they've supposedly sold the debt, what should I do? Is there any point in my telling them I'll pay them but not the DCA? I'd assume it's too late for that, but I wonder why they've tried to contact me if they no longer have any connection with the debt?

 

Any ideas?

 

Cheers!

 

The first thing you need to ascertain is who owns the debt. If the OC is still communicating with you, I suspect they have done an equitable assignment rather than an absolute assignment. If the DCA had bought the debt, then they can collect it as they see fit and it is nothing to do with the OC any longer. You should have received an NOA - basically a goodbye from one and a hello from another.

 

I'd be inclined to SAR the OC to find out exactly what they hold about you.

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