Capital One passing debt to Collection Agency

[ripoffstopper]

Can anyone advise me on the following. I requested a true copy of my signed executed agreement under CCA 1974 section 77(1)/78(1) two and a half months ago.

Only received a partial copy of the signed mailer. So I wrote to Robert Udy a month ago to inform him that his company had missed the deadline for supplying the agreement and therefore were in breach and had committed a criminal offence making the agreement un-enforceable. His response, was write to me a few days ago stating that the agreement was enforceable and my account was being passed to a new DCA.

My question is, if the creditor has defaulted the agreement under CCA 1974 sections 77/78. Can they pass the account to a third party, for the agreement is not currently enforceable?

I look forward to my learned CAGers advice.

Thanks

ROS

[rory32]

I assume you have placed the account in dispute therefore I would quote:

The Banking Code section 13.6:-

We may give information to the Credit Reference Agencies about personal debts you owe us if:

The Amount Owed is Not in Dispute.

 

The Office of Fair Trading provided a Code of Guidance that is in relation to Debt Collection: OFT 664 Response to consultation paper and final guidance on unfair business practices dated July 2003

 

Deceptive and/or Unfair Methods-

2.8 Examples of unfair practices are as follows:-

k. Not ceasing collection activity whilst investigating a reasonably queried or disputed debt.

 

I would let Cap One know that you are aware of your rights (and their legal obligations) and if they don't desist in passing this account to the DCA you will report them to the OFT and Trading Standards (plus anyone else you can think of).

Also would quote:

I am now of the opinion that you are unfit to hold a Consumer Credit Licence as determined by the fitness test outlined in the Consumer Credit Act 1974 (section 25).

 

25 Licence to be a fit person

(2) a) contravened any provision made by or under this Act, or by or under other enactment regulating the provision of credit to individuals or other transactions with individuals.

d) engaged in business practices appearing to the Director to be deceitful or oppressive, or otherwise unfair or improper (whether lawful or not)

 

Hope this helps........Rory

[rory32]

Just had a thought......also tell them that you want a copy of full details of the certified deed of assignment which should have been supplied to the DCA (allbeit illegally as you are disputing the account). They probably won't be able to produce this so have further breeched the CCA (section 77 (1) and section 78 (1) of the Consumer Credit Act 1974).

 

77 Duty to give information to debtor under fixed-sum agreement

 

(4) If the creditor under an agreement fails to comply with subsection (1) -

a) he is not entitled , while the default continues, to enforce the agreement and -

b) if the default continues for one month he commits an offence.

 

78 Duty to give information to debtor under running-account credit agreement

a) state of account, and

b) the amount, if any, currently payable under the agreement by the debtor to the creditor

 

(6) If the creditor under an agreement fails to comply with subsection (1) -

a) he is not entitled , while the default continues, to enforce the agreement and -

b) if the default continues for one month he commits an offence.

[rory32]

Another thought....ask the for a copy of the Fair Processing Notice given to the DCA (this is required before a Debt Collection Agency can process your data - if they don't have one and don't have your permission to process your data they are in breach of The Data Protection Act).

[ripoffstopper]

Thanks Rory, I'll wait for the new DCA to contact me then ask for the Fair Processing Notice followed by another letter at a later date requesting sight of the Deed of Assignment. That should keep them busy.

I got NCO so pi**ed of with me that they returned the debt to Capital One, who as you can see from the original post, didn't like my CCA 1974 section 77/78 request and decided to move the debt on again.

[Darth_Muppet]

Regarding the Fair Processing Notice , does this specifically name an individual and is dated?

 

I have probs with HSBC passing on 2 accounts in dispute to Metropolitan, so any ammo I can get would be grat....

[rory32]

Regarding the Fair Processing Notice , does this specifically name an individual and is dated?

 

No and no. Do you have a thread on your situation?