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Received letter of claim and it's scary!

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  • #16
    I have a bit of an update on this.
    I sent a CCA s78 request; initially, I got a reply stating they could not get the documents requested, and that the debt was unenforceable But after a month or so I received another letter containing a copy of the original signed agreement. At this point the DCA claimed it is now enforceable and requesting I contact them about payment.

    I have also sent a SAR to the original creditor. I have a pile of documents bigger than a yellow pages! As yet, I have not seen a notice of assignment letter in there, but I'm not sure if it would be? I do think I received one when the debt was first sold, but if I did, then I'm afraid it has been destroyed.

    I have now received another letter from Kearns asking that I contact the DCA to arrange payment within 7 days, or they will begin court proceedings.

    It does appear they have everything in order, so should I continue to fight this? I'm not sure where to go from here, and am concerned about the 7 day time scale.???????



















    Last edited by wheretostart; 30 January 2022, 19:17.

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    • #17
      Colin G Quinn
      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.

      If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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      • #18
        I'm going through the paperwork, and I have a sheet entitled "Information held on computer by Rosyth and Chester Collections & Recoveries". At the bottom of this sheet it states;

        "Please be advised any letters sent by Collections are not saved by customer and therefore cannot be provided under a Data Subject Access Request. However, if you have misplaced a letter please contact Collections as they will be able to re-create it and send you a further copy"

        and also;

        "Copies of default, Enforcement, Termination and Assignment notices are not saved by customer name so we are unable to provide copies under a Data Subject Access Request".

        I have a feeling this may be useful but am not sure what exactly to do with it!






        Last edited by wheretostart; 30 January 2022, 19:52. Reason: Removing question marks

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        • #19
          I have just received the same thing. Old Halifax credit card, sent to kearns, charge on the house. I don't know what to do or who to contact to make a payment plan. Can anybody help please?

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          • #20
            Hello! please start your own thread and do a diary as per:- we get the picture from that and advise or suggest the help for you ok:-

            Type of account:
            Date commenced:
            Approx balance :-
            Date last paid:-
            Status:
            Current status:
            Assigned:
            Account Owner:

            under new topics in the bar at the top of thread, welcome by the way. we try and assist you we do not critasise so do not worry.
            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.

            If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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            • #21
              As per The Tech Clerk so that AAD has as much as possible of Diary details!

              But see Colin G Quinn
              Entry here
              https://all-about-debt.co.uk/forum/d...00#post1544400

              You should contact Colin G Quinn
              Last edited by Roger; 7 July 2022, 15:01.

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              • #22
                Any update on this from original poster ?? Nothing since Jan 2022.

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