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How do we stop the banks and dcas passing around our alleged debt


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Hi all other half has been paying a dca a nominal fee per month, but one day when they were contacted they advised her we are no longer responsible for the debt and they claimed that the original creditor needs to be contacted.

 

So several phone calls later and whilst speaking to the third company it is apparently in the hands of the banks solicitors who are apparently in the process of selling the debt but at this time cant confirm who will be taking over the debt.

 

This debt has had several dcas attempt to collect the debt in the past, am i right in thinking that each time the debt was passed around the original creditor should have contacted my other half with a copy of deed of assignment and notification of who shall now be pursuing them.... If so what act have they breached if any at all.

 

Is it worth sending a S.A.R - (Subject Access Request) to the banks solicitors and the previous dca to obtain transparency. Or is this just a waste of money....

 

I know the oft has clear guidelines for dcas and banks to adhere to, any suggestions on a covering letter to address to the banks solicitors who are in the process of passing the debt around again, have also sent the original creditor a S.A.R - (Subject Access Request) and dca as my partner has been mislead by a previous dca into thinking the debt was for something else.

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Have you requested a copy of the CCA ? If you did/do this puts the account into dispute and I believe that this cannot be passed on if the debt is in dispute......

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

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even if you got a letter not actually admitting to 'no signed credit agreement' but the dca still closed their file, it is still in dispute and cannot be passed to any other company/persons.

keep all letters you receive + copies you send,(ideally buy a lever arch file,and some plastic wallets + file dividers) .

 

mine.......i'll be keeping every letter for at least 15 years, yep i know the max is supposed to be 6 years, but how many people on here, have had letters sent after the 6 years are up?

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even if you got a letter not actually admitting to 'no signed credit agreement' but the dca still closed their file, it is still in dispute and cannot be passed to any other company/persons.

keep all letters you receive + copies you send,(ideally buy a lever arch file,and some plastic wallets + file dividers) .

 

mine.......i'll be keeping every letter for at least 15 years, yep i know the max is supposed to be 6 years, but how many people on here, have had letters sent after the 6 years are up?

 

not all debts have a limitation period of 6 years, some have 12, some have none. it's certainly worth keeping as much info as poss.

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