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    • So I had my mediation with Hermes and it was not successful i.e. we couldn't come to an agreement to settle out of court.   This was my mediation process:   First call from the mediator was received at 1:03pm which was close enough to the start of my alotted time of 1pm-4:30pm. The mediator introduced themselves, confirmed the intention of the mediation and asked if I could provide a short summary of my claim and any points I would like to raise with Hermes. I mentioned the claim amount and raised the argument that Hermes inherit the liability under the Contracts (Rights of Third Parties) Act even though I booked through Packlink and that there is a systemic problem with Hermes and their business model. The mediator said they will take this to them and call back after discussing with Hermes. Call ended 1:09pm (lasted 6 minutes).   Second call from the mediator was received at 1:15pm and they said that Hermes' stance is that my contract was with Packlink and not with them. Hermes mentioned they had investigated with Packlink and that I did not pay for insurance for my item but they were willing to offer me the standard claim amount of £25 plus £2.86 postage = £27.86. Of course I did not entertain that offer and I said that the whole point of having to pay extra to insure my item against their own negligence is absurd. Hermes also stated that this item was on Packlink's prohibited list. I replied that this so called list was not made clear to me when listing my item on ebay or purchasing the label through Packlink (which is ebay's affiliated choice for purchasing postage) and I would bring up the whole question of prohibited items for consideration by the judge if it goes to court. The mediator asked what I would be willing to settle at. I said I am not willing to budge from my claim amount of £357.84 which includes court costs. They reminded me that they don't see Hermes willing to accept that and that the whole point of mediation is to be willing to be flexible. I stood firm and said I am not budging from this amount and that I am being flexible by not taking Hermes to court and willing to settle now. The mediator said they will discuss with Hermes and call back. Call ended 1:27pm (lasted 12 minutes).   The third call from the mediator was received at 1:32pm and they mentioned that Hermes were willing to offer £300 as a goodwill gesture plus the £2.86 postage costs = £302.86. They said £300 is the maximum they can offer to settle for this process. I stayed resolute and asserted I am not willing to go any lower than my claim amount. I said it's not so much about the money and reiterated that the routine denial of liability and having to pay extra for insurance is a systemic issue with Hermes and that I have evidence that many other customers face the same problem when using Hermes which I am willing to present to the presiding judge if this goes to court. Only if they were willing to pay me back the full claim amount then I would drop the case. The mediator did mention that taking this to court I may also lose which would mean losing further court fees (£55 I believe they mentioned as the fee) as well as time and effort in preparing for the case. I repeated that paying the extra costs and risking the money is not so much of an issue to me. I also added in there that a national newspaper are sniffing around at this story and if a judgement goes against them then I won't hesitate to share with them and across social media a copy of the transcript. The mediator asked if they were happy to share this detail to Hermes which I agreed. They said they will discuss with Hermes and call me back. Call ended 1:36pm (lasted 4 minutes).    Received the fourth and final call from the mediator at 1:39pm and they said that Hermes were not willing to improve on the offer, reiterating they would argue to the judge that my contract is not with them and is with Hermes so this case cannot be settled through the mediation process and I would receive further details on the next steps. Call ended 1:40pm (last 1 minute).   I am somewhat surprised that Hermes were willing to offer up to £300 plus postage costs given their arguments but would not settle by offering my full claim costs.   In terms of the mediator's attitude, they did add a bit of pressure in trying to get me to be flexible i.e. settle for a lower amount. I suppose it is their job to get this settled out of court. They did also mention on a couple of occasions that it may be months before this case is looked at, with the covid situation it may not be in person and that I would have to go through the motions and prepare which would take time and effort on my behalf. However as noted above in this thread I wasn't willing to settle for a lower amount so let's see how it plays in court.   Any advice on the next steps BankFodder?  
    • all uploaded images merged and vastly reduced in size full DQ above.   you should have room now to upload the rest of the required docs but not all single pages please!   dx  
    • woe slow down put them ALL in ONE multipage PDf please   use pdfreducer and merge pdf if you have too.   cant be here all day downloading single pages. read upload carefully   claim no in 1st page removed. dx  
    • UK transport secretary aims for a new air traveller testing regime, but BA boss is sceptical. View the full article
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    • I came across this discussion recently and just wanted to give my experience of A Shade Greener that may help others regarding their boiler finance agreement.
       
      We had a 10yr  finance contract for a boiler fitted July 2015.
       
      After a summer of discontent with ASG I discovered that if you have paid HALF the agreement or more you can legally return the boiler to them at no cost to yourself. I've just returned mine the feeling is liberating.
       
      It all started mid summer during lockdown when they refused to service our boiler because we didn't have a loft ladder or flooring installed despite the fact AS installed the boiler. and had previosuly serviced it without issue for 4yrs. After consulting with an independent installer I was informed that if this was the case then ASG had breached building regulations,  this was duly reported to Gas Safe to investigate and even then ASG refused to accept blame and repeatedly said it was my problem. Anyway Gas Safe found them in breach of building regs and a compromise was reached.
       
      A month later and ASG attended to service our boiler but in the process left the boiler unusuable as it kept losing pressure not to mention they had damaged the filling loop in the process which they said was my responsibilty not theres and would charge me to repair, so generous of them! Soon after reporting the fault I got a letter stating it was time we arranged a powerflush on our heating system which they make you do after 5 years even though there's nothing in the contract that states this. Coincidence?
       
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      The boiler was removed and replaced by a reputable installer,  and the old boiler was returned to ASG thus ending our contract with them. What's mad is I saved in excess of £1000 in the long run and got a new boiler with a brand new 12yr warranty. 
       
      You only have to look at TrustPilot to get an idea of what this company is like.
       
      • 3 replies
    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
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Ding Ding... Round 5, MKDP/Barclaycard/Goldfish/MSDW v Spam.


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So what exactly have they supplied in response to your s78 request?

 

It would be helpful to post up with personal details removed

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They have sent pages and pages of Morgan Stanley terms and conditions which states it is a copy of the agreement, and another A4 sheet with my name and address on top and a text box about my right to cancel underneath.

 

I am not able to upload any pictures/scans from my laptop at this stage, but it is general run of the mill T&C's. Nothing outstanding.

 

I have again requested a copy of the original signed properly executed agreement Under CPR 31.14, quoting point 4 of the summary of findings Carey V HSBC, and also copies of the alleged assignment from MSDW to Barclaycard, as they have now decided that Barclaycard were not the original creditor and that MSDW was.

 

They have offered to discuss a settlement figure out of court, but I have politely told them to take a running jump.

[sIGPIC][/sIGPIC]

'Simples.' ;)

 

Any advice I offer is probably useless but there may be little nuggets of gold in there somewhere......If I have helped in any way, be it with knowledge or by giving your chuckle muscle some exercise please feel free to tip my scales....:-D

 

 

They say money talks......mine just keeps saying "Goodbye"

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Further to the above.... MKDP have stated that they don"t have a copy of the original agreement and that they don"t need it for court, and that if I want a copy of the assignment between MSDW and Barclaycard I need to ask Barclaycard for it as it has nothing to do with them.

 

Their responses seem a bit baffling to me.

[sIGPIC][/sIGPIC]

'Simples.' ;)

 

Any advice I offer is probably useless but there may be little nuggets of gold in there somewhere......If I have helped in any way, be it with knowledge or by giving your chuckle muscle some exercise please feel free to tip my scales....:-D

 

 

They say money talks......mine just keeps saying "Goodbye"

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what are they on about?

seems like an office junior doing a court claim!

 

 

dx

please don't hit Quote...just type we know what we said earlier..

 

DCA's view debtors as suckers, marks and mugs

 

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

 

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

 

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Have today sent off a Part 18 request to ruffle their feathers a bit more.

 

PART 18 - REQUEST FOR FURTHER INFORMATION

To: MKDP LLP (claimant)

Please answer the following questions:

1. On what date was the alleged agreement assigned from MSDW to Barclaycard?

2. What was the amount assigned?

3. Does the amount assigned include charges? If so how much?

4. Was a notice of assignment sent? If so, where to and how? ( e.g. Royal Mail first class, special delivery/ recorded delivery)

5. On what date did Barclaycard issue a card and where did they send it?

5. Does the amount claimed include charges, and if so what amount?

6. When was the alleged account terminated?

7. How was the figure on the Notice of Assignment from Barclaycard to MKDP LLP calculated?

8. How was the Notice of Assignment from Barclaycard delivered?

 

TAKE NOTICE THAT YOU ARE REQUIRED TO ANSWER THE ABOVE REQUEST

WITHIN 7 DAYS OF SERVICE OF THE SAME UPON YOU

 

It may not produce much, but you've got to make them earn their keep and see if they'll hang themselves.

 

Hey to the ho. :-)

[sIGPIC][/sIGPIC]

'Simples.' ;)

 

Any advice I offer is probably useless but there may be little nuggets of gold in there somewhere......If I have helped in any way, be it with knowledge or by giving your chuckle muscle some exercise please feel free to tip my scales....:-D

 

 

They say money talks......mine just keeps saying "Goodbye"

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CPR 18 is not applicable to Small Claims Track Spam.

 

Regards

 

Andy

We could do with some help from you.

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ah.. right... Cheers Andy.

 

Is there any other way I can get this information?

[sIGPIC][/sIGPIC]

'Simples.' ;)

 

Any advice I offer is probably useless but there may be little nuggets of gold in there somewhere......If I have helped in any way, be it with knowledge or by giving your chuckle muscle some exercise please feel free to tip my scales....:-D

 

 

They say money talks......mine just keeps saying "Goodbye"

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Data Subject Access Request?

We could do with some help from you.

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Have already done that with MKDP, and also Barclaycard previously thanks Andy... neither threw up any assignments etc. and I'm pretty sure that what I'm asking for doesn't exist.

 

May have to hope the DJ requests the info at the hearing In June. Should be able to cast enough doubt on their 'legal ownership' and the amount claimed in my witness statement.

 

Fingers crossed!

[sIGPIC][/sIGPIC]

'Simples.' ;)

 

Any advice I offer is probably useless but there may be little nuggets of gold in there somewhere......If I have helped in any way, be it with knowledge or by giving your chuckle muscle some exercise please feel free to tip my scales....:-D

 

 

They say money talks......mine just keeps saying "Goodbye"

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If you challenged them on those points within your defence and put them to strict proof...then the court will insist at disclosure that the relevant paperwork is provided (originals) at disclosure stage...have you got to disclosure stage?

We could do with some help from you.

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Not sure to be honest!

 

I put in a holding defence online at MCOL which was as follows... (probably one of yours Andy :-D )

 

Defence

In response to the particulars of claim.

1. It is denied that there is a ‘…regulated agreement originally

between the Defendant and Barclaycard and it is denied that any

monies are due as alleged by the claimant MKDP LLP.

2. It is denied that a legal notice of assignment has been served

and the claimant is put to strict proof thereof.

3. It is further denied that any default notice has been served

by either Barclaycard or the Claimant pursuant to the Consumer

Credit Act 1974 and in accordance with the Consumer Credit

(Enforcement, Default and Termination Notices) Regulations 1983

and the claimant is put to strict proof thereof.

4. It is denied that the claimant has complied with the pre

action conduct practice direction in the following matters:-

a) Failure to send a letter before action, and

b) Failure to provide legal documentation to support their claim.

Documents have been requested under CPR 31.14 for production of

the alleged agreement, default notice and assignment.

Requests were made on 14th and 16th December 2014, but as yet

they have not been produced.

 

As per Civil Procedure Rule 16.5(4), it is expected that the

Claimant prove the allegation that the money is owed.

Therefore the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an agreement with the

Claimant; and

(b) show how the Defendant has reached the amount claimed for

© show evidence of Annual Statements and Notices of Sums in

Arrears since the alleged assignment;

(d) show how the Claimant has the legal right, either under

statute or equity to issue a claim.

As the Claimant is an alleged assignee of a debt it is denied

that the Claimant has the right to lay a claim due to

contraventions of Section 136 of the Law of Property Act and

Section 82A of the Consumer credit Act 1974.

 

I respectfully request that I may amend and particularise my

defence accordingly once the alleged legal documentation has been

received.

 

It is my intention to make a counterclaim against the claimant

MKDP LLP.

This was as an exact response to the PoC.

 

My counterclaim was :

 

MKDP LLP have been unlawfully sharing inaccurate personal details with third Parties and credit reference agencies,(Contrary to Data Protection Act 1998) causing me difficulties in obtaining credit, a regular bank account and employment.

MKDP LLP have persistently harassed me by telephone and post despite being informed that the alleged account was disputed, and them being unable to provide legal documentation proving otherwise.

Having formally complained to MKDP LLP about their harassment and unlawful use of my personal data I received a final response from them informing me that they disagreed with my comments and I could take my complaint to the Financial Ombudsman Service. Having advised them that it was my intention to do as much I was issued with a County Court claim preventing me from doing so and thereby also preventing me from resolving this dispute outside of the courts and causing me more distress.

 

Well why not? :roll:

 

 

I've done the DQ and the case has been allocated to Small Claims with witness statements and docs to be exchanged by end of next month and fees paid.

 

Original Docs are to be brought to the hearing.

 

Their reply to my defence and covering letters to the CPR 31.14 response have opened up avenues that need exploring. Particularly the bit about the alleged agreement being assigned to Barclaycard by MSDW as I have proof that it was not. I can honestly say hand on heart that I never received an assignment to Barclaycard and I was also never issued a Barclaycard so I wanted them to hang themselves.

 

:-)

[sIGPIC][/sIGPIC]

'Simples.' ;)

 

Any advice I offer is probably useless but there may be little nuggets of gold in there somewhere......If I have helped in any way, be it with knowledge or by giving your chuckle muscle some exercise please feel free to tip my scales....:-D

 

 

They say money talks......mine just keeps saying "Goodbye"

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Yes you have put them to strict proof to disclose....

 

Therefore the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an agreement with the

Claimant; and

(b) show how the Defendant has reached the amount claimed for

© show evidence of Annual Statements and Notices of Sums in

Arrears since the alleged assignment;

(d) show how the Claimant has the legal right, either under

statute or equity to issue a claim.

.

 

Now take a look at your Notice of Allocation....look for additional directions apart from disclosure and witness statements.

We could do with some help from you.

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There's nothing extra.... it"s just Day date time place of hearing, they say it should take no longer than 90 mins. Date given for delivery of docs to all parties and payment of fees. Original Docs to be brought to hearing.

That's it. No other directions. Very short and sweet.

[sIGPIC][/sIGPIC]

'Simples.' ;)

 

Any advice I offer is probably useless but there may be little nuggets of gold in there somewhere......If I have helped in any way, be it with knowledge or by giving your chuckle muscle some exercise please feel free to tip my scales....:-D

 

 

They say money talks......mine just keeps saying "Goodbye"

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Silly Question time....

 

If the POC states that the original Lender was Barclaycard and they are now saying that the original lender was MSDW, do they have to apply to vary the POC?

[sIGPIC][/sIGPIC]

'Simples.' ;)

 

Any advice I offer is probably useless but there may be little nuggets of gold in there somewhere......If I have helped in any way, be it with knowledge or by giving your chuckle muscle some exercise please feel free to tip my scales....:-D

 

 

They say money talks......mine just keeps saying "Goodbye"

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Original Docs to be brought to hearing.

 

So that should cover disclosure....as for the Particulars......well its a further point to add to their errors.

 

Andy

We could do with some help from you.

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Thanks Andy.

 

Amazingly I have received a reply to my part 18 request! They are obviously as daft as I am :-)

 

They have basically answered every question with 'don't know, ask Barclaycard' apart from:

'How was the figure on the Notice of assignment calculated'

 

Where the reply was, 'The claimant submits that the balance would be the balance on the account when Barclaycard closed the account. In the event there is a discrepancy between what the Defendant believes the figure to be, this may be due to the fact that interest and charges have been applied to the account, which Barclaycard are able to do under the terms and conditions of the credit agreement.'

 

 

 

Also, they say that the defendant was 'given' notice of the assignment in compliance with s136(1) LPA 1925 rather than 'served' it so the provisions of s96 LPA 1925 for service by registered post do not apply.

 

Slippery little beggars...

 

Now I have all this 'helpful information', I'll start preparing my witness statement....

[sIGPIC][/sIGPIC]

'Simples.' ;)

 

Any advice I offer is probably useless but there may be little nuggets of gold in there somewhere......If I have helped in any way, be it with knowledge or by giving your chuckle muscle some exercise please feel free to tip my scales....:-D

 

 

They say money talks......mine just keeps saying "Goodbye"

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  • 4 weeks later...

Just tidying up my Witness statement exhibits when I noted that the signature on my copy of the alleged NOA from Barclaysharks and the signature on the copy of the NOA sent by MKDP are completely different and therefore obviously been 'invented' by them.

 

Not sure whether to admit receipt of NOA and point out the attempted fraud, or go with not having received one... either way the NOA should be flung out because there's no proof that Barclaysharks were assigned the alleged agreement from MSDW in the first place and the amount includes unlawful charges so is therefore inaccurate .....just wondering which one will be the most damning.

[sIGPIC][/sIGPIC]

'Simples.' ;)

 

Any advice I offer is probably useless but there may be little nuggets of gold in there somewhere......If I have helped in any way, be it with knowledge or by giving your chuckle muscle some exercise please feel free to tip my scales....:-D

 

 

They say money talks......mine just keeps saying "Goodbye"

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Why not state that the claimant has disclosed " documents " which contain different signatures to ones already in your possession of the same alleged documents.It is therefore brought to the courts attention that anything disclosed by the claimant can not be relied upon to be the original/legal executed version.Therefore the authenticity of any document disclosed must be questioned under oath?

 

Just a way of phrasing something without accusing anything:wink:

We could do with some help from you.

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That' s priceless Andy! Thank you :-D :-D

[sIGPIC][/sIGPIC]

'Simples.' ;)

 

Any advice I offer is probably useless but there may be little nuggets of gold in there somewhere......If I have helped in any way, be it with knowledge or by giving your chuckle muscle some exercise please feel free to tip my scales....:-D

 

 

They say money talks......mine just keeps saying "Goodbye"

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.... and there's more...

 

Have just discovered in my abundance of reconstituted agreements sent by MKDP, a covering letter from Barclaycard to MKDP.... methinks I shouldn't have seen this... :-D ... it was sent in March of this year and states... please find enclosed documentation under s78 of the CCA1974 for our mutual client as requested.

 

a) how am I a mutual client if the one and only account I am supposed to have with them has been 'assigned' in its entirety to MKDP since 2011

b) why are Barclaysharks supplying reconstituted agreements of accounts they no longer own?

 

Also on this particular copy, Barclaysharks have stated my 'current balance' as the figure stated on the County Court Claim form.... how would they have that information if they didn't still have a mucky finger in the pie?

 

The plot gets thicker!

 

My question is.... how do I raise this matter at court?

 

Can I just include this particular copy of the recon agreement in my exhibits, and raise the point as an afterthought, or must I point it out in my witness statement?

 

I ask because I have already emailed my WS to MKDP and would need to send an amendment, but I will be hand delivering the one to court tomorrow so have the opportunity to add the info.

 

Thanks Spam. :-)

[sIGPIC][/sIGPIC]

'Simples.' ;)

 

Any advice I offer is probably useless but there may be little nuggets of gold in there somewhere......If I have helped in any way, be it with knowledge or by giving your chuckle muscle some exercise please feel free to tip my scales....:-D

 

 

They say money talks......mine just keeps saying "Goodbye"

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Depends on the the terms of the assignment Spam.....

 

Absolute Legal or only equitable

We could do with some help from you.

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Thanks Andy,

 

Not sure how I would find that out..

 

NOA says 'Assigned and transferred By Barclaysharks to MKDP' and the 'effective owners of the alleged account are now MKDP'

 

Witness Statement from MKDP states, they are debt purchasers and authorised and regulated by FCA.

 

Nowhere does it say all rights and title to alleged debt belong to MKDP.

 

It all gets rather confusing...

 

If they don't own it absolute do they have the right to enforce at court... if they do own it absolute why are Barclaysharks still holding the paperwork?

[sIGPIC][/sIGPIC]

'Simples.' ;)

 

Any advice I offer is probably useless but there may be little nuggets of gold in there somewhere......If I have helped in any way, be it with knowledge or by giving your chuckle muscle some exercise please feel free to tip my scales....:-D

 

 

They say money talks......mine just keeps saying "Goodbye"

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Not a scooby doo...welcome to the murky world of debt assignment....but it is quite normal for DCAs to request from the OC the agreement as they do not hold any paperwork from the portfolio.Some DCAs provide the response ...some OCs send the response.

We could do with some help from you.

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