Clarification in relation to accounts purchased by DCA

[MoonHawk]

Hi

 

I am a little unclear on the rules around accounts and defaults.

 

I have account which has been in dispute for a very long time with the credit company who kept passing the account from one DCA to another who then sent it back when I informed them of the dispute.

 

Earlier this month the account was marked as satisfied with the credit reference agencies, and this week I received a letter from Lowell with the usual threatening tone.

 

I have replied in the letter, and as well as stating that no debt is acknowledged I have also stated that no contract or agreement exists as I have received no notification from the original credit company. I have asked for a full list documents under CPR (they mentioned legal action so I took advantage).

 

What I wanted to know is what right do Lowell now have about placing a default or even an account with the credit reference agencies since the original creditor has marked the account as satisfied. I have no agreement with Lowell and they have yet to produce a deed of assignment. If they place a default on the credit file, can I object to have it removed if there is no Deed Of Assignment?

[BRIGADIER2JCS]

Hi, if this is being passed around it must already be defaulted imo.

Lowells will have bought the account with all the rights and obligations of that agreement,

they can change the entry to show their ownership of the debt, BUT they CANNOT change

the original default date, so check what shows now and compare with any new entry made.

 

It has been known for DCAs to claim that the can issue a default at the date they purchase a debt,

they cannot do this.

[MoonHawk]

Thanks you for the reply Brigadier.

 

The account shows as Settled and belonging to the original lender, and I have had no communication from the original lender in relation to the reassignment. I guess I'll have to wait for the response from Lowell, to my letter requesting the deed of assignment.

[BRIGADIER2JCS]

Expect a notice of assignment from the OC and or the ''new owner'' of the account, in the near future.