New member big problems

[jimfishybob]

There is no statutory requirement to provide a 'deed of assignment', in fact, technically, no such document exists. The request is for a DCA to prove they are the legal owners of the debt, by whatever means.

 

In actual fact, a default notice would qualify as a deed of assignment as it must state that the account is being sold and to whom.

 

In your case it's not neccessary as we can safely assume BOS still own the debt and the DCA's are merely collecting on their behalf.

[Dave44]

Thank's jimfishybob

In that case should I send the SAR to BOS as I need to know what payments I have made and if additional charges have been made on the account.

[jimfishybob]

Yes, if that's your intention.

 

That said, section 78 of the CCA does stipulate that a statement of account should be provided on request. This should include a transactions and charges breakdown, however, as you are finding, getting companies to abide by the CCA is a difficult enough task.

[jimfishybob]

P.S. I am suspicious about legalmicks' intentions.

 

This is just my opinion and I hope to be proved wrong but his current advice, (on this and other threads), seems to be contrary to mine and others experience.

[ecobabe]

dave, i found that my complaint to bank of scotland about L & T's flouting the legislation did the trick, as I said BoS actually wrote to me apologising for not dealing with it effectively and placed "a hold" on the account til it's resolved. I am now well underway claiming my charges which as said are more than twice what they claim I owe. So i would complain to BoS and TS, then let L&T know. I can only go on my experience but I certainly wouldn't enter into negotiations on the phone with a DCA, on another thread on this forum some poor bloke made a payment only to find out the next day that the company had taken the agreed amount and the next day the total amount owed. 6 weeks later he's still fighting to get it back and they are lying through their teeth. so i would do everything in writing recorded/special delivery. JMO

[Dave44]

I'm not sure if this thread is still live but thought I would bring it up to date in the hope that it still is.

After sending the letter requesting a copy of the agreement I received a letter dated 17th October from L&G saying they had requested a copy of the agreement from their clients BOS.

At the beginning of November I received a "Notice of Legal Proceedings" from L&G. I wrote back saying the matter was in dispute and that I was still waiting for a copy of the agreement.

On the 4th Dec. I received a letter from Hollis Briggs Solicitors saying the had been asked to recover the money for L & G and another letter from them Dated 11th Dec. saying I could pay by Credit or Debit card.

I then received yet another letter from them dated 20th Dec stating it was a final demand before court action.

On the 22nd. Dec I sent a reply to Hollis & Briggs stating the the matter was in dispute and enclosed a copy of my letters to L & G.

I then heard nothing back ftom H & B but received a letter dated the 7th January from L & G saying that Hollis & Briggs had been in touch with them and that having reviewed my account noted thyat I had still not received a copy of the agreement.

On the 1st Feb. I received a letter from L & G enclosing a copy of the agreement.

My question is as it is now 19 weeks since I requested a copy of the agreement are they in default and so the debt is unenforceable or do I just contact them and make arrangements to pay of the debt ? As I understand it they are in default of the Consumer Credit Act. for not providing the information within the 12 working days + one month.