Empire stores defaulted & sold old A/C, solely charges, **resolved**

[Zoe's Dad]

Hi, new member needing advice

 

I held an account with a mail order company for over 20 years without any problems.

The company was taken over by another and I had a small outstanding balance from the old company.

 

I thought I had cleared the balance but started getting phone calls and letters demanding money.

I disputed my balance but they just kept adding charges to charges.

 

I wrote several letters asking for a break down of the account showing when the charges where added and why.

 

They wouldn't send me the information I required but kept adding charges and stated that if I didn't have the information they would sell me statements for £5 each.

 

I received a default notice stating that I had not complied with a "written" agreement I made to pay £10 per month.

 

I have no record of ever making an agreement as I was disputing the debt.

 

I wrote and asked for a copy of the agreement.

 

They ignored my letter and sold the debt while it was still being disputed.

 

At this point I had paid £50 more than the goods I had ordered and was being persued by a DCA for £150 in more charges.

 

I sent a CCA request to the DCA and they couldn't comply and have closed the account and stated they wont contact me again.

 

I am left with a default on my credit file (from dca) for debt that nobody has yet proven to be valid.

 

Should I just report the lot of them to the OFT or is there anything I should do first?

 

Sorry for the long first post

[ericsbrother]

In short, yes, report them.

 

Once an account is in dispute they cant add charges and are obliged to answer, within time, the questions you asked.

 

As for the black mark on your credit file, ask the DCA to remove it, if they dont, tell the CRA that it is in dispute and again report to the OFT.

 

The default notice presumably was stamped by a court.

 

Write to the court asking them to set aside the judgement as the companies have failed to prove the debt as requested and required by law.

 

Look at the debt forum to find out the court form numbers you need.

[dx100uk]

since WHEN has a court had to stamp a default notice.

 

very bad advise.

 

dx

[dx100uk]

Hi, new member needing advice

 

I held an account with a mail order company for over 20 years without any problems.

The company was taken over by another and I had a small outstanding balance from the old company.

 

I thought I had cleared the balance but started getting phone calls and letters demanding money.

I disputed my balance but they just kept adding charges to charges.

 

I wrote several letters asking for a break down of the account showing when the charges where added and why.

 

They wouldn't send me the information I required but kept adding charges and stated that if I didn't have the information they would sell me statements for £5 each.

 

I received a default notice stating that I had not complied with a "written" agreement I made to pay £10 per month.

 

I have no record of ever making an agreement as I was disputing the debt.

 

I wrote and asked for a copy of the agreement.

 

They ignored my letter and sold the debt while it was still being disputed.

 

At this point I had paid £50 more than the goods I had ordered and was being persued by a DCA for £150 in more charges.

 

I sent a CCA request to the DCA and they couldn't comply and have closed the account and stated they wont contact me again.

 

I am left with a default on my credit file (from dca) for debt that nobody has yet proven to be valid.

 

Should I just report the lot of them to the OFT or is there anything I should do first?

 

Sorry for the long first post

 

you need to stop paying anyone.

 

can yo please get your cra file

 

and you need to SAR the OC to get all the statement

 

sounds like you are being cash cowed here

 

you should not be paying PENALTY charges

 

they are ALL reclaim able

 

who was the Org Co & who took them over

 

name names.

 

dx

[citizenB]

The default notice presumably was stamped by a court.

 

Write to the court asking them to set aside the judgement as the companies have failed to prove the debt as requested and required by law. Look at the debt forum to find out the court form numbers you need.

 

 

Erm, where are you getting this information from ?

 

A Default Notice is a mandatory document required to be sent by the company - it does NOT have to bear a court stamp - it does however have to comply with the CCA.

 

Why on earth would he need to write to the court ? No claim has been issued, how the hell would there be a judgment.

 

Please, do not give such misleading advice.

[ericsbrother]

Sorry, I read it as a default judgement.

[Zoe's Dad]

Thanks for the replies, they are very helpful. I haven't paid the DCA a penny and stopped paying the OC when they wouldn't supply me with details of the charges.

 

I got my credit file and the DCA have entered a default but there is nothing on there from the OC.

 

I'm going to SAR the OC now and find out exactly when the charges where added as I know it was mostly after I disputed my balance. I'll also write to the DCA and ask them to remove the default.

 

The original Co was Empire Stores who were taken over by Shop Direct (Kay&Co brand).

 

The OC informed me that if I wanted to contact the OFT i would need to do so within six months but it's been nearly a year that I've been communicating with the DCA. What is an OC's responsibility after they have sold a debt, is it just data protection?

[citizenB]

I think they have misled you with the OFT, you can raise a complaint at any time - You can take a complaint to the FOS up to 6 months after the final response letter.

 

Although I dont see any implication that a FR letter has been sent from the company you are dealing with ?

 

As for the OC's responsibility, I think it all depends on the type of assignment. Did you receive a Notice of Assignment from either the DCA or the OC ?

[dx100uk]

Thanks for the replies, they are very helpful. I haven't paid the DCA a penny and stopped paying the OC when they wouldn't supply me with details of the charges.

 

I got my credit file and the DCA have entered a default but there is nothing on there from the OC.

 

I'm going to SAR the OC now and find out exactly when the charges where added as I know it was mostly after I disputed my balance. I'll also write to the DCA and ask them to remove the default.

 

The original Co was Empire Stores who were taken over by Shop Direct (Kay&Co brand).

 

The OC informed me that if I wanted to contact the OFT i would need to do so within six months but it's been nearly a year that I've been communicating with the DCA. What is an OC's responsibility after they have sold a debt, is it just data protection?

 

a cat debt will be90% charges thats for sure

 

i would suspect the dca brought the debt

hence their name against the default

 

when is the default?

 

dx

[Zoe's Dad]

I think they have misled you with the OFT, you can raise a complaint at any time - You can take a complaint to the FOS up to 6 months after the final response letter.

 

Although I dont see any implication that a FR letter has been sent from the company you are dealing with ?

 

As for the OC's responsibility, I think it all depends on the type of assignment. Did you receive a Notice of Assignment from either the DCA or the OC ?

 

My mistake, it was the FOS they meant. The same letter referred to the OFT but in a different context.

 

I received a notice of assignment from the OC but nothing from the DCA. The DCA have updated my file so I assume it was bought.

 

I received a FR letter nine months after I disputed my balance. I wrote six letters during this time challenging the charges and they continued adding them stating that they were justified in the view of the OFT.

[Zoe's Dad]

a cat debt will be90% charges thats for sure

 

i would suspect the dca brought the debt

hence their name against the default

 

when is the default?

 

dx

 

The default was Feb 12 and assignment Mar 12

[citizenB]

The default was Feb 12 and assignment Mar 12

 

They applied a default in their name BEFORE they were assigned the debt ?

[Zoe's Dad]

They applied a default in their name BEFORE they were assigned the debt ?

 

Sorry I didn't make that very clear:

 

The OC issued a notice of default to me in Feb 12 then sold the debt to the DCA in Mar 12. The default entered at the CRAs is by the DCA

[citizenB]

Sorry I didn't make that very clear:

 

The OC issued a notice of default to me in Feb 12 then sold the debt to the DCA in Mar 12. The default entered at the CRAs is by the DCA

 

Righto, that woud indeed be correct that they are now updating the file in their own name. However, the original default date should NOT change.

[Zoe's Dad]

Checked my credit file today and there are no entries from the OC or the DCA, the default entry has gone:-D

[dx100uk]

hey good result!!

 

now get reclaiming those charges!!

 

dx