Not much responce to CCA requests for old debts

DarkConvict

With regards to buying / selling I thought once a debt was in dispute it could not be sold/passed to a DCA.
I believe a debt is only passed back to a original creditor when a DCA is acting on behalf of them, instead of actually owning the debt outright.

But i have been corrected on the above before so i am probably wrong, im sure someone more in the know will tell you what is right.

MrsTinks

rebel2 wrote: »

Thanks for that, really helpfull. I will perhaps send the first letters after 12 plus 2 days, then the ones after a further 30 if I receive nothing tangeable from the dca's of coarse. What usually happens if the account is passed on to the original creditor?, can they actually buy it back from the DCA or are they stuck with it?. If they are stuck with it then are they commiting an offence by selling it to someone else?. A bit confusing this point but I'm sure someone will know something!.

If the debt has been sold then the debt has nothing to do with the orignal creditor - someone has in effect paid your debt with them (be it at a fraction of your debt more than likely...)

Give them a couple of extra days for any responce - show goodwill as there are country wide postal strikes... They may have sent the proof or a letter stating they can't proove it - save a stamp for the sake of a couple of days

sonnyrider wrote: »

I have nothing on my credit check on Equifax regarding a CCJ

Should send a Statute or give them the 14 days for them to find the credit agreement?

The 'loan' was sold to CitiFinancial in 2004 and has now been sold to First Credit - who are now chasing me

Send them the "proove it" letter - ultimately you are saying this isn't your debt aren't you? Unless it maaaaay be your debt - in which case you can then send the statute barred letter if they don't go away. Just because a CCJ isn't showing on your credit report doesn't mean it doesn't exist... have you got all your previous addresses listed on your credit reports? If you don't have all of them on there then it might not have been connected with your current profile so it's not showing...

rebel2

Hi, One of the DCA's sent me a letter today saying a CCA can be obtained for £1 from another address in Southend on sea which they say is thier client?. They say I should CCA them?. What should I do just wait till the 12 plus 2 days are up and send the Original DCA the second letter regardless?. Are they just stalling?.

DarkConvict

I might be wrong in this, but if a DCA does not own the debt, but just merely collecting on behalf, then they will not have the CCA. Although they should pass it onto the creditor.

But any DCA that owns the debt, should have the CCA themselves.

rebel2

DarkConvict wrote: »

I might be wrong in this, but if a DCA does not own the debt, but just merely collecting on behalf, then they will not have the CCA. Although they should pass it onto the creditor.

But any DCA that owns the debt, should have the CCA themselves.

It's very confusing, how do you know is a dca owns a debt or not?. And what do you do when you find out?.

DarkConvict

I could only suggest that you ask them, or read the paperwork they have sent so far.

Im not entirely sure.

fermi

If the DCA owns the debt then they should have the CCA and have a direct duty to supply it.

If the DCA is just working for a client, then they ave a duty to pass any CCA request and fee onto that client.

Either way, the DCA is not allowed to just "pass the buck".

175. Duty of persons deemed to be agents.

175. Duty of persons deemed to be agents.

Where under this Act a person is deemed to receive a notice or payment as agent of the creditor or owner under a regulated agreement, he shall be deemed to be under a contractual duty to the creditor or owner to transmit the notice, or remit the payment, to him forthwith.

DarkConvict

Thx Fermi

rebel2

DarkConvict wrote: »

I could only suggest that you ask them, or read the paperwork they have sent so far.

Im not entirely sure.

The trouble is, I don't believe a word any of these DCA's say!. They have quoted in the past absolute legal rubbish then denied ever phoning me!. I have had them asking me if I drink or smoke, or if I buy my children presents. When I tell them yes I do buy them gifts for Xmas and birthdays like all other normal parents do, they have replied 'well its got to stop!!'. So reading what they have to say is no good whatsoever.

RAS

rebel

Starting points are

1. Do not talk to DCAs on the phone. They like implying that all sorts of nasty legal things can be done which are either impossible, improbable or contradictory.

You are quite right to mis-trust them.

2. If you do have to speak to them, tell them you are recording the call. Then do record it if possible. They will ring off sharpish, as this prevent sthem making threats.

3. Have you sent them letters banning calls?

4. Are you ready to send out the 12+2 day letter? The 30 day letter is no longer required, the law changed and the thread has not kept up with it.