Newday AQUA CC Debt sold to robbersway whilst in dispute- wont return it to OC

[newcomps]

Hi all, newbie here needing advice before possible court action.

 

I was in dispute with Aqua over charges applied after they closed the account and my account was being managed by their dispute team.

However, Aqua sold the debt refusing to accept my dispute.

 

I had been getting hassling calls from DCA and kept asking them to return the account to Aqua.

Eventually after about 5 calls in 2 months i sent them a Cease and Desist email

(I know it should be by mail but they confirmed receipt of the email and later in writing.)

 

 

They have since just sent me copies of statements showing the balance being claimed matched the last statement.

Conveniently they had no record of the dispute with Aqua.

 

I dont dispute all the debt and offered them same as I offered Aqua (750 of a 1000 balance - the extra being i believe unenforceable charges

--In brief they've closed the account because they withdrew the product from all customers apparently.

 

 

I have a letter showing this and sent it to DCA.

At that time Aqua should have closed the account (to confuse matters Aqua never actually closed the account when they said in writing they would)

but had they done it,

 

 

i no longer had a line of credit and my argument is you cant charge overlimit fees once the limit is removed by closing the account.

I refused to pay them anything all the time they continued to charge me these fees, hoping common sense would prevail

 

I suggested to DCA they have 3 options

- return to Aqua,

accept my offer which is still probably double what they paid for it

or take me to court..

 

 

NB Till now, they have not yet sent me a copy of the original CCA so i suspect they are unlikely to go to court without it.

 

Just to add all the comms between me and Aqua were via their secure email as part of my account

and i attempted to get a copy of those mails and Aqua claim they are no longer available

so evidence of the exchanges cant be found.

 

Hence i am looking for general guidance about :

 

1) Can a CC sell an account in dispute?

 

2) Can a DCA refuse to return an account in dispute with the original CC

 

3) As part of the C&D letter I told them I would start charging for my time if they contact me further unless its to accept one of the three options

- i wont physically invoice them but presumably can keep a record and if it goes to court and i win ,deduct it from my settlement?

 

4) Any thoughts on my statement that once a CC account is closed by pure reason of them no longer offering the service,

can they charge overlimit fees still (and interest on that overlimit fees) when i no longer have a limit.

Surely it now just a debt which needs to be repaid?

 

Thanks for your attention...

[dx100uk]

is this Halifax or newday?

 

 

dx

[newcomps]

no AQUA.. DCA moved from HPh2 ( never heard of them) to RobinsonWay

[dx100uk]

1.yes

2.yes

3. sound freeman of the land to me..better forgotten.

 

 

4. once the agreement is terminated, no they cant

 

 

dx

[dx100uk]

no AQUA.. DCA moved from HPh2 ( never heard of them) to RobinsonWay

 

 

aqua is newday

 

 

hoist portfolio holdings2 2 is robbersway.

[newcomps]

Boy you are quick..Thanks..

 

 

..So since my dispute all relates to those incorrect charges,

if DCA refuses my offer,

I should hold my nerve and be prepared to go to court?

 

 

My only doubt is that Aqua seem to have been selective in the information passed onto robbersway

and without concrete proof due to using their (Aquas) internal secure mail, have little chance of getting the proof.

 

I was considering a SAR.

Whether that would result in these "missing" comms between us coming to light i dont know.

.I think for now that having had the reassurance that you agree these extra charges are INvalid,

 

 

I'll see what robbersway come back with

-they are already late with producing the CCA but at least they are not hassling me further since the C&D letter.

 

Thanks again

[dx100uk]

when did you take this card out?

 

 

pers I'd not be needlessly entering into letter tennis with a power less DCA

they ARE NOT BAILIFFS.

 

 

dx

[newcomps]

Hi not sure exactly of date but it was after 2007 - i believe it can make a difference if before then?

 

Dont get your last comment about letter tennis..I accept part of the debt but have only agreed to pay the DCA if they confirm the amount i am willing to pay would be full and final. I was actually amazed by the honesty of the last person i spoke to who said that if i only paid that amount they would still chase me for these rest.

 

So are you suggesting if they wont return the debt to Aqua , nor accept my offer to just hold my nerve and formally refuse to pay to force their hand?

[dx100uk]

your speaking to a DCA on the phone!!

 

 

that's a very big no no

never ever discuss your debts over the phone

 

 

they threaten and promise anything they can because theres no record of it

simply to get money out of you

 

 

as I said before

a DCA is NOT A BAILIFF

and they have NO SUCH LEGAL POWERS.

 

 

regardless to IF you owe anything or not.

 

 

its worthy to always go thru certain stages if your debt has been sold to a DCA

 

 

the first of those is to send them a CCA request.

 

 

if the OC has sold the debt

it's near on understood that there must be something fishy with the debt

 

 

find out why by sending the OC an SAR.

 

 

as you've a pretty good idea this is penalty charges related pers I'd get reclaiming against the OC..

 

 

I certainly would not be looking at an F&F until those boxes are ticked

 

 

and if you've already got a default

its there for 6yrs regardless to whatever you do.

 

 

dx