DCA on credit reference file

[samuwell]

Re: DCA on credit reference file

Notices of Assignment such as you have received are not fake and are valid, some creditors authorise a debt purchaser to send NOA's for them when debts are purchased.
nem

OK, got that, thanks.

[Noah]

Re: DCA on credit reference file

A couple of points

1) the fact the recon has the address from 2007 and not where you lived in 1999 is enough to blow the S78 request and their claim out of the water

2) With the NOA, are you saying that the address on it is different to the address you lived at when the NOA was issued , was it an old address or had you not moved there yet?

[samuwell]

Re: DCA on credit reference file

A couple of points

1) the fact the recon has the address from 2007 and not where you lived in 1999 is enough to blow the S78 request and their claim out of the water

2) With the NOA, are you saying that the address on it is different to the address you lived at when the NOA was issued , was it an old address or had you not moved there yet?

1. I thought that might be so, thanks Noah.

2. NOA, The address is the same as the 2007 one in a box, the NOA is not dated or addressed to anyone, the company logo is on it but on the wrong side of the page and acc no. hand written at the top. It was never sent to anyone, it was part of their bundle of proofs.

[nemesis45]

Re: DCA on credit reference file

1. I thought that might be so, thanks Noah.

2. NOA, The address is the same as the 2007 one in a box, the NOA is not dated or addressed to anyone, the company logo is on it but on the wrong side of the page and acc no. hand written at the top. It was never sent to anyone, it was part of their bundle of proofs.

NOA's don't actually have to be stored by creditors as hard copy so they can send you a recon of what you would have been sent.
nem

[samuwell]

Re: DCA on credit reference file

NOA's don't actually have to be stored by creditors as hard copy so they can send you a recon of what you would have been sent.
nem

But should they not state that it is a recon and why, as with the CCA?

[nemesis45]

Re: DCA on credit reference file

But should they not state that it is a recon and why, as with the CCA?

No requirement so to do, NOA's are considered generic.

I can remember only seeing an NOA being of any use in a defence the fact is the controls on selling and buying debts are quite rigorous it wold be foolish of the parties to fake them and of no benefit to the seller or the buyer.

nem

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But should they not state that it is a recon and why, as with the CCA?

No requirement so to do, NOA's are considered generic.

I can remember only seeing an NOA being of any use in a defence the fact is the controls on selling and buying debts are quite rigorous it wold be foolish of the parties to fake them and of no benefit to the seller or the buyer.

nem

[samuwell]

Re: DCA on credit reference file

OK, got that, thanks.
nem

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No requirement so to do, NOA's are considered generic.

I can remember only seeing an NOA being of any use in a defence the fact is the controls on selling and buying debts are quite rigorous it wold be foolish of the parties to fake them and of no benefit to the seller or the buyer.

nem[/QUOTE]

[Ruby]

Re: DCA on credit reference file

In post 4 you state that they have started a court claim. Have you actually received court papers or is this DCA just threatening you with court action?

[samuwell]

Re: DCA on credit reference file

In post 4 you state that they have started a court claim. Have you actually received court papers or is this DCA just threatening you with court action?

Already at disclosure stage, defence sent and hearing for October unfortunately. I do need to find a follow up letter regarding the requests for CCA which they've ignored twice and not cashed the cheque or even acknowledged it.

We have a letter demanding payment on behalf of the OC from another DC, dated two years after this supposed NOA.

[Ruby]

Re: DCA on credit reference file

If the last payment was made in September 2009 and that is the last time you made contact with anyone, doesn't matter what they sent you after that date as long as you did not acknowledge them then the account is Statute Barred! That simple surely? It is up to the DCA to prove it is not.

[samuwell]

Re: DCA on credit reference file

I've just realised something. Why would the OC write up another agreement in 2007 which was never requested or agreed to? Which is what this DC is showing a copy of as evidence for an agreement? Must have another look at it. It was not in dispute until 2010.

[Noah]

Re: DCA on credit reference file

On the particulars of claim does it say when the account was assigned, or does your credit file give some indication of when it was assigned?

If you know that you can maybe tell if the address on the NOA is the one you were actually living in at the time

[samuwell]

Re: DCA on credit reference file

If the last payment was made in September 2009 and that is the last time you made contact with anyone, doesn't matter what they sent you after that date as long as you did not acknowledge them then the account is Statute Barred! That simple surely? It is up to the DCA to prove it is not.

Thank you, I think that should go in my witness statement? I did not put it in defence as the DC showed a default for August 2010 so I wasn't sure.
I do appreciate your time and your help here.

[samuwell]

Re: DCA on credit reference file

On the particulars of claim does it say when the account was assigned, or does your credit file give some indication of when it was assigned?

If you know that you can maybe tell if the address on the NOA is the one you were actually living in at the time

On the claim it does state 3 assignments but the dates are squiffy with other DCs making contact, not easy to explain. The date for 1 assignment is 1 month before supposed default.

The DC put this on my credit file in 2015, there was never anything put on before by the OC. Varde was looking in 2012. This DC has put 16+ years from 1999 even theough they weren't in existence then (2001) They will have assumed the date by association I expect, complained to the CRA and they are happy with the response they got from tha DC, but they have left a default note on the entry.

[samuwell]

Re: DCA on credit reference file

On the particulars of claim does it say when the account was assigned, or does your credit file give some indication of when it was assigned?

If you know that you can maybe tell if the address on the NOA is the one you were actually living in at the time

Excellent point, many thanks. Don't have the paperwork with me but will look that up asap.

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Excellent point, many thanks. Don't have the paperwork with me but will look that up asap.

I think you've got it! No way was I at that address on the first supposed assignment. Will check for sure asap.