Help with a specific debt and DCA

uiop

Hi all, just about to sort out my 12+2 letter.

Is there any recommendation on which i should use?
Alternative CCA 12 + 2 days letter. (post 12)
or CCA request - After 12(+2) (post 6)
http://forums.moneysavingexpert.com/showthread.html?p=11636295#post11636295

GeorgeUK

Post 12 has a little more detail in it so you may be better sending that one.

uiop

HI All,

an interesting turn of events.

At the weekend i received a a letter from the DCA saying that due to my 2nd letter they have removed my details from their system and they will no longer be dealing with me. They say that they have passed my details back to their "client".

At the moment this means I am in limbo a bit as no further info was given and I will have to wait and see what happens next really. I was wondering what everyone here thought though.

Should they have been able to do this? Do we think it is a bluff (as i mentioned before, they have used this "client" before as a small scare tactic) and I will receive something from a new DCA, possibly related in some way to the existing DCA? Is there anything I should be doing other than waiting?

fermi

One DCA will often get another to collect on it's behalf, and I suppose this adds an extra layer of threat and confusion that they feel is to their advantage.

Sometimes the "client" is a completely separate DCA, but often it is just another DCA in the same "group" of companies (or even the same company). For example the Lowell group operates several "trading styles" (Lowell Portfolio, Red Collections, Hamptons Legal), but they are in fact the same company. However, when one is "allegedly" acting for the other they often refer to the first one as a "client".:rolleyes:

In theory this shouldn't really be passed on to a new DCA, but don't be too surprised if it is.:rolleyes:

stapeley

It could be good news , could be they have not got a CCA or are not the legal owner of the debt .

GeorgeUK

I'm afraid there's not much else you can do right now other than keep all your papers in a safe place to refer back to and keep a note of the date of the last payment you made (or when you last acknowledged the debt in writing). The debt will become statute barred after 6 years from this time (5 in Scotland).

The hope is that you never hear from that DCA again, so in that sense you have a small victory. The debt however still exists. Right now though, it's unenforcable without a CCA. If at any time, until the debt becomes statute barred, a company can produce a valid copy then the debt may need to be paid.

stapeley

It could be good news , could be they have not got a CCA or are not the legal owner of the debt .

uiop

Thanks for the quick responses everyone.

I shall post an update if anything happens. For now i guess its a case of putting the money away that I was paying to this DCA so that I can pay it off in full in the future.

GeorgeUK

I'd kinda agree with that. I'd save the money, but should it come up again, if you can get a really good "full and final settlement" offer, it would be better than paying the full amount on an unenforcable debt. At least that way you shouldn't get hastled for it in the future.

(At least that's the theory) There have been cases of DCA's selling debts that F&F.

uiop

Noted. Thanks.