New DCA, New telephone harassment is this right?

[rdm2006]

I have read on this site somewhere that when a dca buys a debt it not only buys the rights to that debt it also buys the responsibilities.

 

Therefore, if a creditor has been informed that all communication must be made in writing only, all subsequent owners of that debt have a duty to do the same, and yet, each time a debt is sold a new bombardment of harassing telephone calls begins.

 

anyone else think that this is wrong and shouldn't be happening?

 

 

EDIT: - anyone think that it is correct - that a new owner resets the ability to call the consumer

Edited December 23, 2013 by rdm2006

[fletch70]

Without making excuses for them they often buy the debt with limited information, certainly not a list of correspondence.

 

Are you talking about sale or just when it is passed to a new DCA to deal with. My RBS debts have done the rounds but are still owned by RBS, each time I just send a letter or email. No biggy really

[sequenci]

If the debt has been purchased it has been absolutely assigned. The rights and duties will certainly both be taken over. Although the new creditor shouldn't telephone they probably will - as such you should just re-send your letter telling them not to.

[rdm2006]

Without making excuses for them they often buy the debt with limited information, certainly not a list of correspondence.

 

Are you talking about sale or just when it is passed to a new DCA to deal with. My RBS debts have done the rounds but are still owned by RBS, each time I just send a letter or email. No biggy really

 

Im talking about sale/assignment to a new DCA where that dca becomes the owner of the debt.

 

Your case is even worse, if you have told RBS all communication is to be in writing only, then any agent who acts on its behalf should be adhering to that request. anything else is harassment

 

I know its no biggy but it shouldn't be happening nevertheless.

 

Also if it makes it more difficult for dca's to harass people im all for it

Edited December 23, 2013 by rdm2006

[rdm2006]

If the debt has been purchased it has been absolutely assigned. The rights and duties will certainly both be taken over. Although the new creditor shouldn't telephone they probably will - as such you should just re-send your letter telling them not to.

 

I am thinking we should be reporting them to the FCA - one more nail in their coffin hopefully.

 

 

It is not our duty to re-inform them it is their duty to abide by this request.

[fletch70]

Its kinda the same with wets and moorcrap, they have both held many of my debts and i have now sent each a blanket cover all letter , will have to see how that works

[rdm2006]

Its kinda the same with wets and moorcrap, they have both held many of my debts and i have now sent each a blanket cover all letter , will have to see how that works

 

It may not be a biggy for us, but for them it will need a reprogram of their systems and that's not cheap and it doesn't matter how small it is, if they shouldn't be doing it, then, they should stop doing it

[fletch70]

I do agree with you but it is just a fight that at the moment I do not have in me if you know what I mean. I have an ongoing one with RBS and another with Santander Fos as well as the usual crap coming at me from all sides. Cl Finance have just managed to produce a CCA after 18 months so need to sort them out as well as challenge the default they entered. Priorities

[BRIGADIER2JCS]

The fact is that debt is sold in bulk and as individual accounts, the barest minimum of data is provided, e.g., The debtors name and contact details, the date the account was opened/defaulted and the amount owed.

No CCA details DNs or other documentation is provided.

 

The debt will be one of thousands in a portfolio put up for sale by the major credit providers, banks credit card providers these tranche of debt are valued often millions of pounds as we have seen in the student loan sell off.

[rdm2006]

The fact is that debt is sold in bulk and as individual accounts, the barest minimum of data is provided, e.g., The debtors name and contact details, the date the account was opened/defaulted and the amount owed.

No CCA details DNs or other documentation is provided.

 

The debt will be one of thousands in a portfolio put up for sale by the major credit providers, banks credit card providers these tranche of debt are valued often millions of pounds as we have seen in the student loan sell off.

 

This is of course very true, however, it does not release them from their duty and as such I have made a complaint to the FCA. It may or may not make a difference but i will certainly let you know.

 

No harm in trying is there

[BRIGADIER2JCS]

I really wish you luck rdm!

[fletch70]

No harm in trying at all. Currently of course it is still the OFT that regulates these clowns but come April it will be the FCA and if we are to believe the hype they will be more aggressive.

 

I have to say the OFT need shooting the way they let people get away with really serious breaches of their codes and the law .