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New DCA when in dispute
James3891
Posts: 57 Forumite
Hi all,
Hoping i can get a remaining debt issue for my mum sorted out.
Basically its a Vanquis debt of £560 , which is about 4 years old with no payments made or acknowledgement in that time.
We CCA'd the original DCA about 7 months ago , all recorded and correct.
Heard nothing at all since but the debt fell the bottom of a pile and so no follow up letters were ever sent.
I was advised that they put themselves in default legally anyway and would have broken the law by not responding so it was left in our minds as unenforceable.
Week before xmas had a letter from a new DCA saying someone was going to visit etc with no mention of any debt or who they were on behalf of so ignored it and recently they sent actually a fairly civil letter saying they had taken on the debt.
Am i right in thinking that i need to tell them to hand it back as its in dispute and that it can't be given to any other DCA ? I know there is a template here somewhere.
Also should i now send the follow up letters to the 1st DCA to re-enforce it or will they accept due to time expired they are in default ?
As no payments/acknowledgement have been made in 4 yrs think my mum is hoping to have it locked to 1 DCA while in default and in 2 years it'd be statute barred if thats how it'd play out.
Ideally it'd be great to have the debt gone for good , has anyone ever got a DCA to write a debt off formally by saying if they do that you won't report them to ofcom?
Would they in lieu of all this accept a very small fee to close the case fully knowing legally they aren't entitled? Or would that open a can of worms?
Tempted to report them if it does just sit in default as the original ones were quite threatening , with a supposed visit from an 'Aggressive man from Scotland they bring down especially'.
Long post but just get so tangled up , be nice to get it finally sorted as knowledge from here got the ball rolling in the first place, many thanks.
Hoping i can get a remaining debt issue for my mum sorted out.
Basically its a Vanquis debt of £560 , which is about 4 years old with no payments made or acknowledgement in that time.
We CCA'd the original DCA about 7 months ago , all recorded and correct.
Heard nothing at all since but the debt fell the bottom of a pile and so no follow up letters were ever sent.
I was advised that they put themselves in default legally anyway and would have broken the law by not responding so it was left in our minds as unenforceable.
Week before xmas had a letter from a new DCA saying someone was going to visit etc with no mention of any debt or who they were on behalf of so ignored it and recently they sent actually a fairly civil letter saying they had taken on the debt.
Am i right in thinking that i need to tell them to hand it back as its in dispute and that it can't be given to any other DCA ? I know there is a template here somewhere.
Also should i now send the follow up letters to the 1st DCA to re-enforce it or will they accept due to time expired they are in default ?
As no payments/acknowledgement have been made in 4 yrs think my mum is hoping to have it locked to 1 DCA while in default and in 2 years it'd be statute barred if thats how it'd play out.
Ideally it'd be great to have the debt gone for good , has anyone ever got a DCA to write a debt off formally by saying if they do that you won't report them to ofcom?
Would they in lieu of all this accept a very small fee to close the case fully knowing legally they aren't entitled? Or would that open a can of worms?
Tempted to report them if it does just sit in default as the original ones were quite threatening , with a supposed visit from an 'Aggressive man from Scotland they bring down especially'.
Long post but just get so tangled up , be nice to get it finally sorted as knowledge from here got the ball rolling in the first place, many thanks.
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Comments
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i think you shoud send this letter - http://forums.moneysavingexpert.com/showthread.html?p=26867923#post26867923Although no trees were harmed during the creation of this post, a large number of electrons were greatly inconvenienced.
There are two ways of constructing a software design: One way is to make it so simple that there are obviously no deficiencies, and the other way is to make it so complicated that there are no obvious deficiencies0 -
What is it with everyone being online at such a silly time of day? lol
James, you need to ignore them for 2 more years mate so it becomes statute barred.....
2010 - year of the troll
Niddy - Over & Out :wave:
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Your up late NID, shouldnt you be in bed.
BTW this topic is 3 weeks old
Although no trees were harmed during the creation of this post, a large number of electrons were greatly inconvenienced.
There are two ways of constructing a software design: One way is to make it so simple that there are obviously no deficiencies, and the other way is to make it so complicated that there are no obvious deficiencies0 -
DarkConvict wrote: »Your up late NID, shouldnt you be in bed.
BTW this topic is 3 weeks old
I'm on nights matey - looking forward to watching Murray win a Major
Ooops, you're right it is rather old isn't it (james posted on UE thread and I checked him out lol) :rotfl: :rotfl: :rotfl: 2010 - year of the troll
Niddy - Over & Out :wave:
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