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Can Defaulting Bank, awaiting court date legally sell debt?


manchestman
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Hi

I thought I had read somewhere that a debt cannot be sold while an account is in dispute. To make matters worse, Abbey sold this to Link Financial while awaiting a County Court Hearing, but did not notify me for more than 8 weeks?

Have they done anything wrong? Do I have any recouse of action, and if so, what would it be?

I have already written politely (& separately) to Link, with a s10 DPA notice, a CCA request & notification that the alleged account/debt is in dispute and the subject of a second court action for Abbeys default under DPA.

 

A short resume of events:

3 MARCH 2006: SAR submitted. (Still not completely complied with!)

 

13 DECEMBER 2006: County Court action taken out for Default Charges (Even though not all transactions supplied by this date)

 

14 MARCH 2007: Abbey send settlement letter. (I accept)

 

19 MARCH 2007: Notice s10 DPA sent to Abbey (using Surlybonds template) . Abbey refused to accept notice and still refuse to remove default from credit files.

 

20 MARCH 2007: A second County Court action for damages non compliance s13 DPA (SAR still not fully complied with), & Order under s7 & 15 DPA, is issued

 

2 April 2007: I receive a notice of transfer of debt. Notice dated 29 March and states transfer took place on 31st January 2007! (While 1st court action is still in progress and account is clearly in dispute. Abbey also notified that account is in dispute until SAR is fully complied with. I.E. THEY are in default)

< < < < If I can help I will and if I have helped please tip my scales. :|

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*Bump*

Any advice or knowledge appreciated. If this is posted in the wrong section, please let me know?

Thanks.

< < < < If I can help I will and if I have helped please tip my scales. :|

Please keep this site alive by downloading the great new CAG toolbar - keeps all your subscribed threads in one easy to use place. http://consumeractiongroup.co.uk/cag_plugin.php Use the search facility regularly and CAG generates much needed money!

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I believe that this covers what you are asking:

Section 13.6 of the Banking Code clearly states that:

 

We may give information to credit reference agencies about the personal debts you owe us if:

• you have fallen behind with your payments;

the amount owed is not in dispute; and

• you have not made proposals we are satisfied with for repaying your debt, following our formal demand.

 

Be VERY careful whose advice you listen too

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Hi and thanks Curlyben

 

So they have broken their own code and very craftily kept quiet about the transfer & sale for over 8 weeks.

I suppose that the problem is that once made, a sale cannot be reversed, though I will also point this breaking of the banking code terms to Link and Abbey.

Is the most I can do then, simply report them to banking ombudsman and let them get a slap on the wrist after about 6 months?

I find their arrogance and total disregard for their own default(s) both attrocious and and immoral.

< < < < If I can help I will and if I have helped please tip my scales. :|

Please keep this site alive by downloading the great new CAG toolbar - keeps all your subscribed threads in one easy to use place. http://consumeractiongroup.co.uk/cag_plugin.php Use the search facility regularly and CAG generates much needed money!

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