Dca:can they do that?

ninjaready1

Hi
newbie here looking for a little advice.

i recently checked my credit file and was abit miffed to see 2 defaults from a payday loan lender- anyway i wrote into them asking for copies of original agreement, copies of defaults etc( no idea it had defaulted) in the form of a dispute/complaint which has been ongoing for a few months now, with every answer they respond with never giving me what i asked for.

anyway i tried to speak to them today and they refused to speak to me saying that the debt was sold on in august this year to a debt collectors and they would now be dealing with it, i asked to speak to complaints who called me back... i said to him i didnt believe they could assign the debt to a dca whilst there is an open complaint/dispute. He said that because i had not replied within 30 days then it is closed and they can sell it on.

Now having checked all my sent and received emails

a) there has never been a period where i have not replied within 30 days
b)the debt was sold on 31/07/2013...... my complaint was made 4 weeks before that and during june,july,august and September we have been back and forthing via email with complaints- most of their emails were apologizing for late response but asking for more time to deal with it.:eek:

basically my question is...... whilst there is an open or unresolved complaint dispute am i right in thinking they cannot assign it to a debt collectors?

any advice would be great
Thank you.

happy_bunny_2

Best bet is to give the FOS a call:
http://www.financial-ombudsman.org.uk/consumer/complaints.htm

dinky201

Answer is I dont think so, alot of pay day loans dont check youre credit file so dont have a right to defult it.
You prob dont even know if DCA bought the debt or actiing on there behalf. (dont phone them )
You have no contract with DCA, looks like you even given them a chance to prove a debt but they clearly failed on that.
Dont agree or pay anything with them as they havent proved they can legally collect the alledge debt.

write to credit refence agency and say an alledge debt with DCA wasnt proved, they may take it off.

Read OFT debt collection guidence too.

John1993_2

ninjaready1 wrote: »

any advice would be great
Thank you.

Did you borrow money from them, then fail to pay it back in full at the right time?

ninjaready1

dinky201 wrote: »

Answer is I dont think so, alot of pay day loans dont check youre credit file so dont have a right to defult it.
You prob dont even know if DCA bought the debt or actiing on there behalf. (dont phone them )
You have no contract with DCA, looks like you even given them a chance to prove a debt but they clearly failed on that.
Dont agree or pay anything with them as they havent proved they can legally collect the alledge debt.

write to credit refence agency and say an alledge debt with DCA wasnt proved, they may take it off.

Read OFT debt collection guidence too.

I've had no contact with the dca. It's all been through the payday loan company. They did start of by refusing to speak to me yesterday ( payday loan)but I then asked to speak to complaints who I had been dealing with via email over this.
According to the letter from the dca they have taken over full rights to the debt .
I'm pretty sure the payday loan company shouldn't have reassigned the debt whilst their is a dispute/complaint

ninjaready1

John1993 wrote: »

Did you borrow money from them, then fail to pay it back in full at the right time?

Unfortunately yes and I had forgotten all about it until I checked my credit file.

The other thing I've noted they have done is on one credit reference agency they have put a particular default date and amount with it showing as closed and satisfied .... But still defaulted obviously

And yet on another credit ref agencies report the default is showing as still not satisfied, the default is for twice the amount showing on the other report AND a totally different default date of almost 18 months later than the one on the other cfa

dinky201

don't phone them ever, only contact them in writing, you gotta ask them to prove it with physical evidence. they clearly have none. So its an alledged debt, never say debt.
remember their letters are designed to cause alarm, against OFT guidence.

ninjaready1

dinky201 wrote: »

don't phone them ever, only contact them in writing, you gotta ask them to prove it with physical evidence. they clearly have none. So its an alledged debt, never say debt.
remember their letters are designed to cause alarm, against OFT guidence.

Well I've already admitted the debt unfortunately to the payday loan company and in writing too as after they sent me the default notices I offered an amount of 25% full and final settlement on the condition they removed the default etc.
They wrote back and I must say were quite underhand in their wording and actually put " they accept my offer of 25% discount from the original amount" which is definitely not what I put. And no mention of default removing

I resent my original offer clarifying what I meant - I've had no direct response to that so I've now been asking again for a copy of the statements including payments and charges and an original signed copy of the credit agreement. Which I did ask for originally over 90 days ago

dinky201

You said you amitted it to payday company, not the DCA, the DCA bought it lol, dont ammit it to them.

Dont ask for statements of from DCA,

you asked DCA for agreement?

ninjaready1

I've had no dealings with the DCA at all only a letter from them 2/8/13 which was to say they had purchased the debts including all rights etc

ninjaready1

I've still been dealing with the original lender the payday loan company via their complaints team .

My main goal here is to a) get the defaults corrected on my credit file as each credit ref agency has different default dates and different amounts
get the defaults removed altogether in an ideal world as I do not believe they have followed guidelines correctly ... Not sending me original agreement , statement of accounts and then selling the debt to a dca when it's still under dispute/complaint.