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Newman DCA refuse to tell me if they own my debt!

I owe a relatively small amount to Paypal (around £200) which I incurred just over a month ago. I have made two payments so far which has brought the amount owed to just over £100 and I advised them (over the phone) that as I recently lost my job and am on JSA, I would be repaying in installments.

Despite this, Paypal called me repeatedly. Literally every single day for the last 2 weeks. Last week I simply stopped answering their calls because I was just telling them the same information each time, and they never once asked me to verify my identity to them.

Anyway. Earlier today I received a call from Newman DCA from an extremely objectionable and derisory man. He told me he was ringing about a debt to 'ebay'. I told him I had been making regular payments to Paypal to clear the debt and he said I wasn't paying it off quickly enough so that's why he had called me. He then went on to demand I pay off the balance over the phone. I re-stated the fact I am surviving on JSA and would not be able to pay it off in one go. He then asked me to make a payment toward the debt there and then.

At this point I asked him if Newman DCA had been sold my debt by paypal or if they were just chasing up the debt on Paypal's behalf. He became very rude at this point saying he was under no obligation to disclose that information. I said that legally I am entitled to know who owns my debt and was not going to pay money to a company I have never heard of without knowing if they own my debt. He made some derisory remarks at this point along the lines of "They're obviously not teaching you very well in your uni course" (my paypal account is linked to my university email account...I graduated several years ago).

I told him I was unwilling to continue the conversation if he was going to be rude and obstructive and asked him to send me a letter with details of the debt and where I can send payment to if they DO own it.

It is correct though, that a debtor is entitled to know who owns their debt?
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Comments

  • king100
    king100 Posts: 1,565 Forumite
    Of course you are.

    Would you really pay someone who randomly called you.

    Continue paying what you can into paypal account to clear the debt.

    RECORD THE CALL.

    Next time when they call and they ask to speak to you.

    Say a different name, then ask what name the debt is in?

    Then when asked for DOB give them a false DOB then ask what DOB they have on file.

    Then ask how much is owed and to whom?

    If they tell you all the information thank them for their call and remind them that they have just broken the DPA and you will be reporting them to the ICO.

    That will annoy them.


    You can also write to them and advise them that they must communicate in writing only. Basacially with tel calls it is solely for fun you will never get a striaght answer and will only annoy yourself, try and be able to record calls and generally have some fun with the calls as thats the best that they should be traeted as.
    I all have learnt is from others on many sites.
    Seek legal help if unsure.
    Dont pay Private Parking tickets - they are mere invoices.

    PRESS THANKS
    }
  • radio-jo
    radio-jo Posts: 90 Forumite
    Thank you! I have no intention of paying any money to this company. I will continue to pay money directly to Paypal as you suggest.
  • radio-jo
    radio-jo Posts: 90 Forumite
    They are now sending me text messages telling me I must ring them.

    This is in spite of them agreeing they would send me a letter yesterday.
  • king100
    king100 Posts: 1,565 Forumite
    edited 6 May 2011 at 10:14AM
    radio-jo wrote: »
    They are now sending me text messages telling me I must ring them.

    This is in spite of them agreeing they would send me a letter yesterday.

    Continue to ignore and keep paying paypal.

    There is no law to state you must pay DCA.

    They have not stated if they own the debt and until they do that in writing you do not know who owns debt so personally I would continue to pay paypal.
    I all have learnt is from others on many sites.
    Seek legal help if unsure.
    Dont pay Private Parking tickets - they are mere invoices.

    PRESS THANKS
    }
  • radio-jo
    radio-jo Posts: 90 Forumite
    Thanks again :-)

    If they ring me again should I read out the below?

    I do not acknowledge ANY debt to your company. I require you to supply the following documentation before I will correspond further on this matter.

    1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose £1 in payment of the statutory fee.

    2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

    3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.
  • king100
    king100 Posts: 1,565 Forumite
    radio-jo wrote: »
    Thanks again :-)

    If they ring me again should I read out the below?

    I do not acknowledge ANY debt to your company. I require you to supply the following documentation before I will correspond further on this matter.

    1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose £1 in payment of the statutory fee.

    2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

    3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

    if the ring again say hold on, turn the radio on and put phone next to it. Come and check back in 10 mins to see if still there.

    You have asked for correspondance in writing and they arnt doing it so DONT SPEAK TO THEM.
    I all have learnt is from others on many sites.
    Seek legal help if unsure.
    Dont pay Private Parking tickets - they are mere invoices.

    PRESS THANKS
    }
  • radio-jo
    radio-jo Posts: 90 Forumite
    Ok. I will ignore their calls. Is it easy to get your mobile provider to block a number as I feel they are going to start ringing me several times a day soon. Seems like a lot of work for them to do over a tiny debt of around £100!

    I might put the above points in a recorded delivery letter to them, just so I have proof I haven't been ignoring them.
  • king100
    king100 Posts: 1,565 Forumite
    radio-jo wrote: »
    Ok. I will ignore their calls. Is it easy to get your mobile provider to block a number as I feel they are going to start ringing me several times a day soon. Seems like a lot of work for them to do over a tiny debt of around £100!

    I might put the above points in a recorded delivery letter to them, just so I have proof I haven't been ignoring them.

    Thats what they are there for
    I all have learnt is from others on many sites.
    Seek legal help if unsure.
    Dont pay Private Parking tickets - they are mere invoices.

    PRESS THANKS
    }
  • suelees1
    suelees1 Posts: 1,617 Forumite
    radio-jo wrote: »
    Ok. I will ignore their calls. Is it easy to get your mobile provider to block a number as I feel they are going to start ringing me several times a day soon. Seems like a lot of work for them to do over a tiny debt of around £100!

    I might put the above points in a recorded delivery letter to them, just so I have proof I haven't been ignoring them.

    Jo, send a copy to Paypal. Additionally this might well be construed as harassment under the Administration of Justice Act 1970 which is a criminal offence. Check it out on the web, I'm on my way to work so no time to give you a link. Mention this in your letter (not the bit about me being on my way to work ;) )
    I'll get you, my pretty, and your little dog too!
  • radio-jo
    radio-jo Posts: 90 Forumite
    I repaid the money I owe directly to Paypal over a week ago yet Newman are still calling me. I've been ignoring their calls but I might have a bit of fun with them if they ring again tomorrow.
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