Can a debt be passed to a DCA without a default ?

[unclebulgaria67]

You should write to the original creditor to ask whether they issued a default notice, whether they issued a notice of assignment before selling and did they ever terminate the agreement.

 

Get the explanation from the company you had the account with originally and go from there.

[dx100uk]

then forget the waffle about if/if not this or that was/was not done or not.

wont get you anywhere.

 

 

IMHO as I've already said........

 

 

your target here is the original creditor..who is?

 

 

you write to them nicely and ask them why they did not register a default after your third missed/short payment.

 

 

you have been faithfully paying the debt

and feel that their actions have not helped you improve your outlook.

also I assume other creditors did default you and they've gone off the file now

so this OC is being very unfair to you.

 

 

 

who is the OC please?

[dx100uk]

You should write to the original creditor to ask whether they issued a default notice, whether they issued a notice of assignment before selling and did they ever terminate the agreement.

 

Get the explanation from the company you had the account with originally and go from there.

 

 

then why not send an SAR

get the full story...

 

 

 

 

back to answer no.1, on this thread

and the other thread bobbi started.

 

 

dx

[theoldrouge]

As DX has said a SAR to the OC will give you all the facts

 

A CCA request to the new owner of the debt is essential

 

No point making complaints without the full facts

[BobbiB]

I have already written quoting ICO guidelines regarding defaults and am waiting for a response. I know the outcome can be very mixed for this so was just looking at another angle in case I need it.

 

Don't think the Egg cc and banks transferring agreements really comes under section 87 as it specifically deals with the OC doing (a) to (e) by reason of any breach by the debtor or hirer of a regulated agreement. This would not apply in those situations as the debtors did not breach the agreement.

[BobbiB]

The DCA said on the phone they don't have a copy of the credit agreement.

 

 

Would I still send them a CCA request and then they request it from the OC

or should I just send a CCA request to the OC ?

 

 

I am thinking maybe a SAR request may be the way to go as would then get copies of everything regarding the sale of the debt and whatever else they hold including presumably the CCA if they have it - is that correct ?

[renegadeimp]

Stop worrying and get the damn CCA request off. If they do not hold the correct paperwork, then they cannot collect the debt. No collection means no stress for you. Youve already admitted you dont know what to do or whats going on, people in this thread have told you EXACTLY what you need to do. So why not just do it and save a lot of headache?

[BobbiB]

Even if they don't hold the correct paperwork they can COLLECT the debt they just can't enforce it through court. This is not my issue anyway.

 

Some people on this site are OBSESSED with CCA requests and assume everyone wants to avoid paying their debts. My post clearly stated my focus is on the entry of AP markers on my credit file and if under s87 a default should have been issued. I take on board the advice given in post 26 and am wondering if I need to make a SAR request to get this information.

[renegadeimp]

No they cannot collect. No Valid CCA for a loan etc means they can ask but you can laugh and tell them to jog on.

 

Thats why a CCA request for a loan or similar is essential. WHy you are adamant you wont send one when it is likely to solve your problems, is very puzzling.

 

Also, get that idea of debt avoidance out of your head right now. CAG does not condone it at all. We do however condone asking you to check all the facts around your debt first, before blindly trying to arrange payments to a debt you likely need never pay a single penny to.

 

If the CCA response is valid, then you SAR the OC and see exactly why the debt was sold on.

 

You can always SAR the creditor anytime you want to get information on your account. Simple fact is, if the debt was sold, and repayments are ongoing, then all the creditor or the new owner has to do is maintain an accurate record of the account. You've already been told this, but are adamant it should be defaulted, when theres no legal requirement to do so. As i just said, all they need to do is keep an accurate record of the account.

[dx100uk]

told you 3 times now how to get the AP markers sorted.

 

 

the ICO will laugh at you if that's what you've complained about.

 

 

not sure truthfully where you are getting your info from,

but thers no requirement for a creditor to send a DN to mark your file with anything.

 

 

as for the CCA request views.

 

 

again that not exactly true either.

 

 

without a CCA its a bit like statute barring in England & wales

 

 

the owner of the debt can ask you to pay

you can equally ask them to go away.

the debt still exists

but they cant do bugger all to enforce it or threaten court action.

 

 

you are really trying to crack a peanut with a sledgehammer here.

 

 

by involving the world and his dog.

 

 

the simple fact is you have the dreaded AP markers

the only one to sort that is the OC via a GOGW. now adays.

but IF you've PROOF other creditors defaulted you at the start of you DMP

then so should this one.

 

 

and we still don't know the OC nor the DCA names.

makes all the diff if we did.

 

 

as for talking on the phone to a DCA ... well whatelse do you expect bar BS from them.

 

 

dx

[BobbiB]

Seems my comment regarding obsessing over CCA requests and avoiding paying debts hit a couple of nerves. Such self awareness !

 

The woman at the DCA I spoke to today was actually very helpful, polite and friendly which is more than I can say about some of the people on here.

[dx100uk]

well a DCA will be nice.

 

 

they don't want to lose their cash cow

 

 

CCA goes to whom you PAY

 

 

SAr goes to the OC.

 

 

read the full threds of each first.

[renegadeimp]

Seems my comment regarding obsessing over CCA requests and avoiding paying debts hit a couple of nerves. Such self awareness !

 

The woman at the DCA I spoke to today was actually very helpful, polite and friendly which is more than I can say about some of the people on here.

 

It hit a couple of nerves because quite frankly youre talking rubbish.

 

You came here asking for advice. DX and others have told you exactly what to do, and you completely ignore them and go off on a tangent starting arguments. If thats what you want, then i wont bother replying again. I'll save my efforts for someone that actually wants and genuinely needs my help and advice.