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PARIS_5000

I recently applied for CCA and the debt collection scum could not find it so they sent a reproduction with no signature. I have told them that I do not accept this and need to produce a signed agreement because they alleged that the debt was taken out in 2001.


They have now sent me a default notice so please can you tell me if its
legal for a debt collection agency to send you a default notice for a debt that they had previously registered as a default for 6 years on my credit file and has now dropped off my credit file.

It is not a proper default notice it just a letter on headed paper that they have copy from the internet and it does not say that I have defaulted with them or anyone else.

It mentioned that I am breach of their credit agreement but they are a debt collection agency and I have never taken any credit from them.

It says if I do not pay in the next two weeks that they will take court action.

never-in-doubt

Unenforceability & Template Letters

No it is not legal to add another one, check your credit file and then send a letter to the credit agency and tell them to remove it, they will do so.

One debt = one default - period!

Get your credit file and check the default / last payment dates cos if 6+ years then its statute barred and they will be breaking the law....

Read here for help: Unenforceability & Template Letters Page 1 will do it for you.... scroll down and you'll see the relevant parts.

Tixy

Hi Paris

I'm not sure this will answer your questions but I do know that they don't have to send a signed agreement to you for a CCA request, they should have a signed CCA though but are allowed to send you a version without it on - more info on never-in-doubts thread on CCAs - http://forums.moneysavingexpert.com/showthread.html?t=1868507

Was the original default issued by the DCA or the by the original creditor? They are not allowed to issue a second default on the one debt.

The court action may well just be an empty threat but it could happen - have you been paying anything towards this debt recently?

EDIT: beaten to it by never-in-doubt!

never-in-doubt

Tixy wrote: »

EDIT: beaten to it by never-in-doubt!

sorry i'm a nightmare for coming first (ooer did I really just say that!) :rotfl::rotfl:

PARIS_5000

Tixy wrote: »

Hi Paris

I'm not sure this will answer your questions but I do know that they don't have to send a signed agreement to you for a CCA request, they should have a signed CCA though but are allowed to send you a version without it on - more info on never-in-doubts thread on CCAs - http://forums.moneysavingexpert.com/showthread.html?t=1868507

Was the original default issued by the DCA or the by the original creditor? They are not allowed to issue a second default on the one debt.

The court action may well just be an empty threat but it could happen - have you been paying anything towards this debt recently?

EDIT: beaten to it by never-in-doubt!

They told me that they have been unable to get a orignal copy of the credit agreement. The orignal default notice was issued by the orignal creditor and when the debt was sold it was updated by the DCA and the default dropped off after 6 years at the beginning of this year.

I was paying until I requested my CCA however I was never given any proof of this debt and I never received the orignal default notice.

I am worried about my credit file because it clear and I do not want another 6 years of defaults.

The debt was taken out in 2001 so if they do take me to court they have produce a signed copy of the agreement for the debt to be enforceable.

fermi

PARIS_5000 wrote: »

I am worried about my credit file because it clear and I do not want another 6 years of defaults.

As NID says, it's not legal for them to register another with the CRAs.

If they do then you can have it removed. Going to the ICO or even court to do so if necessary.

PARIS_5000 wrote: »

The debt was taken out in 2001 so if they do take me to court they have produce a signed copy of the agreement for the debt to be enforceable.

Yep. But you would need to defend the claim on that basis and make the appropriate CPR information requests to force them to admit that for the court.

never-in-doubt

PARIS_5000 wrote: »

They told me that they have been unable to get a orignal copy of the credit agreement. The orignal default notice was issued by the orignal creditor and when the debt was sold it was updated by the DCA and the default dropped off after 6 years at the beginning of this year.

Ok, so the original default was updated with the DCA's name? If so they have assumed full assignment in which case they cannot add another. If they do, simply request its removed direct with the cra.

PARIS_5000 wrote: »

I was paying until I requested my CCA however I was never given any proof of this debt and I never received the orignal default notice.

Don't worry about this too much - its dead and burried.

PARIS_5000 wrote: »

I am worried about my credit file because it clear and I do not want another 6 years of defaults.

Order your Experian and Equifax in a month or so - just ignore the DCA from now on and dont reply to anything either.....

PARIS_5000 wrote: »

The debt was taken out in 2001 so if they do take me to court they have produce a signed copy of the agreement for the debt to be enforceable.

Its already finished but not statute barred cos you admitted paying them until recently so forget statute barred - it will be easy to sort cos the cra's will remove the default if they ever add one of course....

chill out - its ok.... :D

fermi

BTW, if they have admitted that there is no CCA then any court threats are likely to be just last ditch attempts to scare the money out of you.

They would be nuts to try court knowing that they don't have one and that you know the score.

never-in-doubt

fermi wrote: »

BTW, if they have admitted that there is no CCA than any court threats are likely to last ditch attempts to scare the money out of you.

They would be nuts to try court knowing that they don't have one and you know the score.

Fermi, this is Lloyds remember - they won't worry about a small thing like court! They have us, the taxpayer, to bail them out:rotfl::rotfl:

PARIS_5000

fermi wrote: »

As NID says, it's not legal for them to register another with the CRAs.

If they do then you can have it removed. Going to the ICO or even court to do so if necessary.



Yep. But you would need to defend the claim on that basis and make the appropriate CPR information requests to force them to admit that for the court.

I have letters from the DCA admitting that the debt was taken out in 2001 that I can show the court if it ever get there. My orignal creditor was not lloyds and it the DCA agency that says that they are going to take me to court.

never-in-doubt

PARIS_5000 wrote: »

I have letters from the DCA admitting that the debt was taken out in 2001 that I can show the court if it ever get there.

Yes but you dont have a letter saying they cannot find a CCA do you? That is what you need (confirmation of debt means nothing other than you did have an account in 2001).... :beer:

However just ignore them, its sorted now - forget the DCA - ignore the DCA! - don't be worrying now.....