Assignment - again!

[Irishlass]

Hi all,

 

I've had a debt, which I was paying, moved from one DCA to another. I have requested from the new DCA a letter of assignment, however, all they have sent me is a letter saying that they can't hold my account without an arrangement to pay. Therefore, they want an SOA and an arrangement otherwise they say they'll pass this back to their solicitors. Can they do this without providing a notice of assignment?

 

Many Thanks.

[rebel11]

Hi Irishlass

 

You need the letter of assignment before you do anything, otherwise what right have they got to collect?

It's a pain, but send the Request again. In think they are only collecting the debt on behalf of the Creditor, they haven't bought it.

[Irishlass]

Hi Rebel11,

 

Thanks for your quick reply! I thought as much but, wanted to double check before finding myself in deep with their 'solicitors'. These people really get on my nerves, am tempted to send them a letter demanding that they pay me £5K, if it works for them, maybe it'll work for me

[rebel11]

Hi Il

 

http://www.oft.gov.uk/shared_oft/consultations/OFT1175con.pdf

 

http://www.consumerwiki.co.uk/index.php/Debt::_Letter_Templates#DCA_-_Debt_that_is_already_in_dispute_passed_to_another_DCA

 

That could be the new in thing, it works for CC Companies, 'am tempted to send them a letter demanding that they pay me £5K, if it works for them, maybe it'll work for me '

 

Read the OFT PDF.

[Irishlass]

Hi Rebel,

 

Replied to them via email as my printer has packed up and received this in reply. Your advice would be much appreciated.

 

Please note that ARC (Europe) Ltd is a debt collection “agent”, acting in good faith on the instructions received from a “disclosed” principal, namely Egg Banking Plc. We are therefore authorised to write to you in connection with the above matter and to instruct Solicitors in contemplation of Court Proceedings where we consider it appropriate to do so. Please note that there has been no “assignment” of the debt from Egg Banking Plc to ARC (Europe) Ltd.

We are instructed that our client has sent you a letter confirming our instructions in this matter. If you have not received this letter yet you should receive this shortly.

We await your reply to our letter 9 February 2011.

[dadofholly]

Have you had anything from the original creditor stating they have passed your debt on to this new DCA?

[alfwithhair]

Well if ARC are only AGENTS for Egg, they can send it to who's evers solicitors they like.

Egg are still the legal owners of the account and ONLY THEY can initiate legal proceedings.

A DCA cannot take legal proceedings on an account they DO NOT OWN.

[Irishlass]

Hello both!

 

Thanks for your replies. I haven't heard a thing from Egg, the lady who penned the above email seems to think that they've written to me. An interesting point about as agents it's not their decision to take me to court, this particular lady purports to have an LLB (Hons), I was surprised that my email to their collections department was responded to by someone like her. I'm not trying to wriggle out of paying but, I do want some respect and to be shown that they have been authorised to collect on the account.

 

As it stands, they couldn't take me to court, could they?

[teaboy2]

What company was the letter and email from? As you fail to state, so its unclear as whether the lady is from ARC or they solicitors.

[Irishlass]

What company was the letter and email from? As you fail to state, so its unclear as whether the lady is from ARC or they solicitors.

 

Hi,

 

The letters were from ARC Europe (DCA), as my printer had packed up I emailed them on the email address given on their first letter (interestingly it wasn't on the second) Had a reply this morning from this, seeming, solicitor LLB (Hons) after her name. However, her email addy is xxxx @ arc europdotcodotuk.

[teaboy2]

Hi,

 

The letters were from ARC Europe (DCA), as my printer had packed up I emailed them on the email address given on their first letter (interestingly it wasn't on the second) Had a reply this morning from this, seeming, solicitor LLB (Hons) after her name. However, her email addy is xxxx @ arc europdotcodotuk.

 

Ok the LLB (HONS) just means she has a degree in law and as such able to practice law, but it does not mean she is a solicitor or practices in law. For example roles in finance, human resources, local government or general management all benefit from a having legal background, whether in corporate business, local and central government or the voluntary sector. So chances are she is a non practicing legal Degree holder only. Or quite simply, using a false title like many DCA use.

 

You need to do the following if you have not already done so.

 

Sent a CCA request to ARC,

 

and a SAR to EGG.

 

That way you will get all the documents you need and upon the state of such documents, we can tell you whether to tell egg to go and swivel for it or not.

[alfwithhair]

I like the quote on ARC's web site

 

If the debtor is not able to pay in full, our trained staff will assess the possiblilty of refinancing the debtor, especially if they have security for a loan. (thought that was against OFT guidelines)

Quite often this is a fast and efficient way to return the money owed.

In all instances we leave the debtor without a doubt that we will not give up and ultimately they will pay. The long it takes the more they will pay. Often that thought will lead to a prompt payment or arrangement.

Will pay eh, says you and who's army?

[victoria_siempre]

Hi alf

 

Legal Formation:

 

Sole Trader

 

 

http://www2.crw.gov.uk/pr/default.aspx

 

I'm so lonely...

 

x

 

v

[Irishlass]

Ok the LLB (HONS) just means she has a degree in law and as such able to practice law, but it does not mean she is a solicitor or practices in law. For example roles in finance, human resources, local government or general management all benefit from a having legal background, whether in corporate business, local and central government or the voluntary sector. So chances are she is a non practicing legal Degree holder only. Or quite simply, using a false title like many DCA use.

 

You need to do the following if you have not already done so.

 

Sent a CCA request to ARC,

 

and a SAR to EGG.

 

That way you will get all the documents you need and upon the state of such documents, we can tell you whether to tell egg to go and swivel for it or not.

 

Thanks, will do, just need to get printer up and running first!

[Irishlass]

I like the quote on ARC's web site

 

If the debtor is not able to pay in full, our trained staff will assess the possiblilty of refinancing the debtor, especially if they have security for a loan. (thought that was against OFT guidelines)

Quite often this is a fast and efficient way to return the money owed.

In all instances we leave the debtor without a doubt that we will not give up and ultimately they will pay. The long it takes the more they will pay. Often that thought will lead to a prompt payment or arrangement.

Will pay eh, says you and who's army?

 

Am starting to not like the sound of this crowd.

[Irishlass]

Ahh, have just looked up this website and they seem to be a different DCA, I'm dealing with ARC Europe based in Weybridge, Surrey. Phew, that's a bit of a relief....so far

[victoria_siempre]

Hi

 

And do they hold a CC licence?

 

x

 

v