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Re: bobogosing's UE diary
Originally posted by bobogosing View PostBeen searching through my paper work, and found "early settlement offer" letter.
If its Why would they reduced the amount without me requesting??
DCA's are not interested in whether a CCA is enforcable or not, their brief from the original creditor is to relieve you of any cash they can, be it by scare tactics, a repayment plan or reduced final settlement.
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Re: bobogosing's UE diary
Originally posted by alland View PostBobo,
DCA's are not interested in whether a CCA is enforcable or not, their brief from the original creditor is to relieve you of any cash they can, be it by scare tactics, a repayment plan or reduced final settlement.Be kind, for everyone you meet is fighting a hard battle!
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Re: bobogosing's UE diary
Originally posted by pompeyfaith View PostGuys,
Honestly an NOA merely means the debt has been sold to a DCA monkey, you have been dealing with this scum for a longtime in you UE threads.
Nothing changes they will carry on as before and if niddy said they where UE they remain UE.
So lets have some calm here
Been thinking all night
As pompeyfaith says," NOA merely means the debt has been sold to a DCA monkey, you have been dealing with this scum for a longtime in you UE threads.
Nothing changes they will carry on as before and if niddy said they where UE they remain UE."
I will send "account sold whilst in dispute" template and see what response I will get.
bobo xLast edited by bobogosing; 22 January 2012, 08:44.Be kind, for everyone you meet is fighting a hard battle!
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Re: bobogosing's UE diary
Good plan...........I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.
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Re: bobogosing's UE diary
So to clarify, bobo in this instance you ought to send the template on previous page, by I2D (account sold in dispute).
We'll work on a new template and add it to templates shortly. This will be a simple acknowledgement along the lines of "thanks for your letter however I'm in the middle of an argument with the OC so can I suggest you get the case notes to familiarise yourself with events to date....."
Obviously I'll add some regulatory text regards s.77-79 etc....
That should be enough to cover you, based on Paul's comments above.I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!
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Re: bobogosing's UE diary
This all makes sense. I need to strike a balance between panicking about ending up in court and being in denial that there's always the chance that it may, so be prepared Boy Scout style
I was forgetting that annoying legal phrase "the balance of probabilities" which in essence gives the DJ the freedom to put forward his prejudice without any evidence to support his theory
Would I be right in saying that when a debt purchaser buys a portfolio they may just get a disc with the name, account number, balance due and contact details of the debtor, but no actual paper file from the creditor at that stage? So Paul's suggestion that they should be put in the picture at the earliest opportunity makes sense really. They're not psychic so their starting point will be to harass first then ask questions later. The bonus of this approach could be to cut down on phone calling too especially if Niddy's *Acknowledgement Template* made it clear that they must only communicate in writing
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Re: bobogosing's UE diary
Originally posted by Never-In-Doubt View PostSo to clarify, bobo in this instance you ought to send the template on previous page, by I2D (account sold in dispute)..
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Re: bobogosing's UE diary
Originally posted by PlanB View PostWould I (and others) send the Account Sold in Dispute letter to Arrow Global as the new creditor/owner of the debt or to the DCA Westcot (AIC for Bobogosing) which Arrow has referred to as the designated collector/agent in their letter ?
I would write to the designated agent as these are the people who will eventually be writing to you about the debt.
Often the notice of assignment will give the contact details of the new DCA, also sometimes a new ref. number.
MKOne day at a time, with £34K of UE debt
LloydsTSB - For the (UE) journey NatWest/RBS Mint - (Un)Helpful banking
Marbles - they lost 'em - and my CCA, what a shame
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Re: bobogosing's UE diary
Originally posted by mk_chatham View PostHi PlanB
I would write to the designated agent as these are the people who will eventually be writing to you about the debt.
Often the notice of assignment will give the contact details of the new DCA, also sometimes a new ref. number.
MK
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Re: bobogosing's UE diary
Originally posted by PlanB View PostNot wait for Westcot to write to me first ? Although there's no harm in being proactive I suppose
After reading Paul's comments above it would appear that not replying may not help our case, so no harm in striking first, so to speak.
I can only let you know what I would do, and after reading this thread I would sent the Account sold in dispute, signed for, to Wescott.
MKOne day at a time, with £34K of UE debt
LloydsTSB - For the (UE) journey NatWest/RBS Mint - (Un)Helpful banking
Marbles - they lost 'em - and my CCA, what a shame
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Re: bobogosing's UE diary
Often you will get a Notice of Assignment purporting to be from the original creditor which informs you of the change of ownership, in the same envelope you will probably get a letter from the new owner and/or their agent demanding payment (often in full). So to all intents and purposes they have written to you already setting out their stall and case against you. They have often only bought whole books of alleged debt and once you start them off on the road they will often write to thay have referred the matter back to the OC to get the docs.
Hence as I said earlier an "Account sold in dispute" letter does no harm in rapid response then follow up with the CCA s78 request ( its a quid plus rec postage) as it back foots them because as the new "owners" in Absolute it becomes their responsibility to fulfill ALL of the obligations the Act places upon them. It doesn't matter what has gone before it is they who now have to comply or default. They WON'T have the paperwork and will have to ask the OC for it. A lot will back down at this point and go off to seek easier more vulnerable prey. It also keeps your letter at the top of the correspondence file. After they have backed down like closing the file until or unless the OC coughs up I keep that letter but make no response to that.
regards
GarlokLast edited by garlok; 22 January 2012, 14:23.
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Re: bobogosing's UE diary
Thank you Garlok. Are these debt purchases sometimes on a sale-or-return basis for the first six months? I read that somewhere. If so the sooner you let the new owner know the score the better because they may pass it back to the OC like a hot potato with any luck
I won't be sending a new CCA request yet because I have a letter from MBNA saying they can't find it and the debt is UE so I don't want them to dig deeper into the archives if I can avoid it
Has anyone told Oscar about all this because he posted a similar scenario with Arrow yesterday ?
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