Can OC sell debt to dca whilst in dispute?

[mrsfru]

I'll keep it brief to save you time reading and can always add additional info if needed.

i had 2 payday loans in 2010, defaulted in 2011 which I've only just discovered after checking files.

i sent (recorded del) and emailed a letter to complaints asking for credit agreement , statement of accounts and default notices 2 months ago. To date I have only received the default notices. Communication has gone back and forth on at least a fortnightly basis for those 2 months.

i have since found out that 3 weeks after I put my complaint in they have sold it to a dca. I received a deed of assignment last week with the date they took it over on.

now my question is..... A defaulted account that has an open/unresolved complaint/dispute that is still with the original creditor at the time .....can they sell the debt and all rights whilst the complaint is ongoing?

apologies it wasn't brief after all.

please help me with this if you can

[nightwatch]

Re: Can OC sell debt to dca whilst in dispute?

they often do, the buyer isn't always told there is a dispute the oc just want the money, you need to send a Sold While in Dispute letter found in templates to the DCA.

there are a couple of people on here with more experience than me on PDLs one should be along shortly x

[Never-In-Doubt]

Re: Can OC sell debt to dca whilst in dispute?

I'll keep it brief to save you time reading and can always add additional info if needed.

i had 2 payday loans in 2010, defaulted in 2011 which I've only just discovered after checking files.

i sent (recorded del) and emailed a letter to complaints asking for credit agreement , statement of accounts and default notices 2 months ago. To date I have only received the default notices. Communication has gone back and forth on at least a fortnightly basis for those 2 months.

i have since found out that 3 weeks after I put my complaint in they have sold it to a dca. I received a deed of assignment last week with the date they took it over on.

now my question is..... A defaulted account that has an open/unresolved complaint/dispute that is still with the original creditor at the time .....can they sell the debt and all rights whilst the complaint is ongoing?

apologies it wasn't brief after all.

please help me with this if you can

Yes they can sell it because there is no "lawful" dispute. Just because you feel you were wronged doesn't classify it as a formal complaint. Your best waiting Salt n Vinegar. He's great at sorting PDL's out. I'll ask him to pop in and help.

[mrsfru]

Re: Can OC sell debt to dca whilst in dispute?

Great thanks

i must mention though when I called them ( the pdl company ) they told me the reason they could sell the debt on was because I hadn't responded in 30 days.
I have proof that I had

[Never-In-Doubt]

Re: Can OC sell debt to dca whilst in dispute?

That's crap. They can assign it whenever they want. Don't call any more.

PDL's will tell you the sky is green and the grass is blue if they thought they'd money out of you. Scum that they are

[SaltnVinegar]

Re: Can OC sell debt to dca whilst in dispute?

I'll keep it brief to save you time reading and can always add additional info if needed.

i had 2 payday loans in 2010, defaulted in 2011 which I've only just discovered after checking files.

i sent (recorded del) and emailed a letter to complaints asking for credit agreement , statement of accounts and default notices 2 months ago. To date I have only received the default notices. Communication has gone back and forth on at least a fortnightly basis for those 2 months.

i have since found out that 3 weeks after I put my complaint in they have sold it to a dca. I received a deed of assignment last week with the date they took it over on.

now my question is..... A defaulted account that has an open/unresolved complaint/dispute that is still with the original creditor at the time .....can they sell the debt and all rights whilst the complaint is ongoing?

apologies it wasn't brief after all.

please help me with this if you can

Hi Mrs Fru

So lets start with the basics. Can you post up basic information of the accounts with the following information:

PDL Company:
Debt Collection Agency assigned to and type of assignment:
Amount borrowed:
Date Agreement Commenced:
Date last payment:
Date Default Notice received:
Alleged balance outstanding:
Number of times agreement was 'rolled over':

Can you also please provide a chronological note of all communication sent received, e.g.

xx/xx/xxxx - Sent company A letter asking for payment break
xx/xx/xxxx - Company responded saying no

Thanks
SnV

[SaltnVinegar]

Re: Can OC sell debt to dca whilst in dispute?

I'll keep it brief to save you time reading and can always add additional info if needed.

i had 2 payday loans in 2010, defaulted in 2011 which I've only just discovered after checking files.

i sent (recorded del) and emailed a letter to complaints asking for credit agreement , statement of accounts and default notices 2 months ago. To date I have only received the default notices. Communication has gone back and forth on at least a fortnightly basis for those 2 months.

i have since found out that 3 weeks after I put my complaint in they have sold it to a dca. I received a deed of assignment last week with the date they took it over on.

now my question is..... A defaulted account that has an open/unresolved complaint/dispute that is still with the original creditor at the time .....can they sell the debt and all rights whilst the complaint is ongoing?

apologies it wasn't brief after all.

please help me with this if you can

In brief - what has been your argument to put the account in dispute? It has to be something like:

1) Incorrectly executed agreement
2) Incorrect balance
3) You are not the alleged debtor
4) Lost payments
5) Interest rate incorrectly applied

etc.

There needs to be a legitimate complaint, and even then there isn't really much stopping them from selling the account to a DCA (other than 'guidelines') unless it is a point of law you are arguing (and even then they are likely to sell it).