Account in dispute

davidrowen · 12 May 2010 at 8:04PM

Hi all

I had account with egg who passed this on to a DCA.
I cca the DCA and after a while got reply back saying they couldnt get a cca and so was handing the account back to egg.

After about a year i heard nothing then today got letter from another DCA who egg as sold the account to.

My question is are they allowed to sell the account to another DCA while the account is in dispute because of no cca being produced.

Also is there a template letter i can send to the new DCA telling them the account is in dispute?

thanks all

GeorgeUK · 12 May 2010 at 8:10PM

Technically the account is not in dispute.

You sent the letter to the first DCA so you were disputing the account with them. They passsed it back to the original creditor.
As you have not disputed the debt with the original creditor, you are not disputing the debt with them as you have not sent Egg a letter of dispute (have you?)

So technically they are allowed to pass it on to a DCA.

When was the last time you made a payment towards the debt?
Is it close to being statute barred?

I'll have a hunt for a link to the templates.
https://forums.moneysavingexpert.com/discussion/comment/11636233#Comment_11636233

davidrowen · 12 May 2010 at 8:50PM

No its not statute barred yet as its only just over a year since last payment made.

Ive not sent Egg any letter of dispute, should i send one to egg as well as the new DCA its just been passed to ?

As i said the first DCA it was past to told me in letter that they couldnt obtain a cca and thats why it was passed back to egg.

thanks

handyman123_2 · 12 May 2010 at 9:03PM

Hi davidrowen, I see that you are a newbie just like I was a very short time ago. All the info, help and templates you need are on Never-in Doubts Unenforcability or Egg dispute threads. It took me a while to find my way around, but you will soon meet some brilliant and friendly people an debtfreewannabe.

Best wishes, handyman123.

GeorgeUK · 12 May 2010 at 9:31PM

There are 2 ways of looking at this.

You could send CCA requests to the DCA's until 6 years have passed and they can't produce anything;
Or you can send the CCA request to Egg and hope they can't find it in their records.

If the account was opened after 6th April 2007, then a CCA request would not get you anywhere should it go to court so ther would be no point in contacting Egg.

If it was opened before 6th April 2007 then it might be unenforcable - do you have your copy of the agreements to check if all the terms are there? I would do this before contacting Egg - incase they just haven't bothered to look for the paperwork as it is being dealt with by an external company, but if you made it their problem by sending a CCA request - they may dig through the archives to find it.

The question is do you think a CCA request would result in the debt being unenforcable? If not then i would just send the DCA a CCA request and hope this continued until the debt was statute barred.