DCA court action for debt purchased from other company

[coolcity]

 

Hi guys, 

 

A well known DCA, which I've read a lot about now but never heard of previously, contacted me asking for almost £3000 repayment of a credit card debt. I replied stating that I had never heard of them and therefore assumed it was a [problem]. 

 

Notably I have never been contacted by the credit card issuer to say they had transferred the debt to this DCA. 

 

The DCA asked me to call them but when I did they wanted my date of birth etc., and as I assumed it was a [problem] there's no way I was going to tell them anything, in my opinion it was up to them to provide me with the required information. 

 

I asked them for a copy of the agreement with them and they stated that there wasn't one.

I then advised them that unless the situation was confirmed by the card issuer I had no reason to even communicate with them, let alone pay them. 

 

Fast forward a few months they issued a CCJ and following a request for mediation, which I refused because again as far as I was concerned there was no case to answer, the matter is now due for a court hearing in the Small Claims Court. 

 

The thing is, as far as I'm concerned the position is that I have no account or agreement with the DCA and no proof, other than their say-so, that the account was transferred to them from the card issuer. 

 

Their "evidence" consists of a copy of the online agreement I made with the card issuer; statement of account and default notice etc.

but all of this relates to the card issuer, not the DCA, and a photocopy of a "Notice of Assignment of debt" from 2017 which appears to have been originally typed on plain white paper and doesn't contain anything, such as a letterhead style or logo, that suggests it came from the card issuer.

 

This is something I've never seen before and there is nothing on the letter that leads me to believe it's genuine.

There's no address, other than a note asking me to contact the DCA and showing their address.

 

Why would the card issuer send something as important as this on a plain piece of paper with no other contact details.

All there is, is a name, signature and the card issuer name at the bottom. 

 

I phoned the card issuer to check this recently and was told they had never heard of this name, and that the account was closed.

That's all they would say. 

 

So what now?

I'm still not convinced this is genuine. 

 

[dx100uk]

stop reading stupid freeman of the land sites

cause you are repeatedly shooting yourself in the foot here.

 

please complete this so we have all the required info to properly help you.

and post up a copy of the defence you filed too.

 

 

[coolcity]

Eh? I haven't read anything anywhere else.

I'm simply saying that I have no word from the original creditor that they have sold or transferred the debt so I'm not convinced by what the DCA says.

Why should be?  

Or would you just hand over £3k to somebody you had never heard of and the original creditor failed to verify? 

 

Incidentally the reason I haven't included the name of the claimant, original creditor and details of defence is because I am aware that they also read this site.

I might as well put it on Facebook. 

Edited July 19, 2019 by coolcity

[dx100uk]

well you probably moved without telling the OC and everything to date went to an old address until the claimform came.

follow the above post please 

there are 1000's of like claims here

hiding details is not necessary.

and simply prevents you getting the correct help

 

dx

 

[coolcity]

No, I haven't moved anywhere.

Please stop jumping to conclusions, it's not helping.

 

It's not in my interest to say I didn't receive the said Notice of Assignment, but even if I had I would have reached the same conclusion.

 

When I get chance I'll scan it and post it, then you tell me in an age when s-c-a-m-s are rife if you believe a plain paper letter is genuine, especially after the card issuer said they had never even heard of the name on the letter?

 

I appreciate I might have been talking to an operator who probably wasn't even aware what her own manager's name was, but that's not the point. 

[dx100uk]

well we can only speculate until we see the info and that link and your defence.

 

its quite easy to counter these documents but you must do it properly.

1st thing to do is never ring a dca or their wolves

they'll say anything over the phone that they will not say in a letter as its bogus info,

 

ive moved you to the financial legal forum

here you will see 1000's of threads where people have posted the info we need to properly advise.

get yours up, help us to help you.

dx

 

 

 

[coolcity]

Thanks, 

 

I've read the info from the link, nothing I wasn't aware of really.

I wouldn't talk to a DCA anyway or anybody else over the phone for just about anything, hence the reason I refused to give them my details when they rang up.

 

The only "conversation" I had was when they rang me and asked me to confirm my details, which I refused to do because it could have been anybody on the phone and as I said, I'd never heard of them anyway at that point.

 

I asked them to contact me in writing, if they wished to pursue the matter, with "a copy of the Agreement" and the reply was that "there isn't one". At that point I said "we have nothing more to discuss then" and ended the call. 

 

I'm still not happy about posting the entire details online but I'll take a look at some of the other threads to see if there's anything relative. 

[dx100uk]

just click here and you'll see everyone else does...it cant hurt you.

https://www.consumeractiongroup.co.uk/forum/121-financial-legal-issues/

 

please give us the info asked for in post 2 please.

 

did you send CRP/CCA requests and do AOS on MCOL

[unclebulgaria67]

If you won't share more information, then it is difficult to offer any guidance.

 

Have you sent off the CPR request to the claimants Solicitors to gain full disclosure yet ?