DCA on credit reference file

[samuwell]

Sorry if I'm posting in the wrong place, but can anyone advise please?
Can a DCA put an entry on my credit reference file in 2015, going back to 1999 when the OC never put an entry on. Default 2009/10. says 16+ years but the DCA was not incorporated until 2001.

[Kafka]

Re: DCA on credit reference file

If the account was assigned to the DCA then they have the rights and duties as the OC did. If they register details they would have to state when the account opened etc, even if that was done before they owned it.

[Ruby]

Re: DCA on credit reference file

Account defaulted in 2009/10? Defaults stay on credit files for 6 years. Sounds like the account will drop off the radar anytime now

[samuwell]

Re: DCA on credit reference file

many thanks for the response Kafka, but they have started a court claim. They now say, suddenly, have a deed of assignment. Ignored the CCA request with £1 though and other requests. Got as far as disclosure of docs. Witness statement next.

Account defaulted in 2009/10? Defaults stay on credit files for 6 years. Sounds like the account will drop off the radar anytime now

[Ruby]

Re: DCA on credit reference file

Hi, who is the DCA? Lowell/Cabot? (two of the largest in the country). When did you send the CCA request? They have twelve working days to reply to your request otherwise they are in default themselves for providing the information within the given time frame. What was the debt? Was it a credit card/loan?

[samuwell]

Re: DCA on credit reference file

PRA group owned by PRAA (USA), changed name from AK until the sale goes through any time now, then they'll be fully integrated with PRA Group Europe, loads of them. Been doing some research in case it helps anyone else. http://files.shareholder.com/downloa...348/filing.pdf

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Hi, who is the DCA? Lowell/Cabot? (two of the largest in the country). When did you send the CCA request? They have twelve working days to reply to your request otherwise they are in default themselves for providing the information within the given time frame. What was the debt? Was it a credit card/loan?

It was a card, sent request November, nothing, they did not cash the cheque. Re-submitted request for copy of original, to use the cheque or respond, 2 weeks ago.

[Ruby]

Re: DCA on credit reference file

Quite often DCA's take their chances with a debt just before it becomes statute barred at 6 years (or 5 if you live in Scotland), You will need to get help with your court claim. It would help if you could let us know what the debt is for eg. credit card/loan/bank charges?

Hopefully the other peeps will be along shortly to help you with our court claim. I live in Scotland so our legal system is a bit different.

[Ruby]

Re: DCA on credit reference file

Sorry, just read your update ..... When did you last acknowledge the debt/make any payments towards it? If they do not have a copy of the CCA agreement then they do not have leg to stand on and are chancing their luck. You must however in the meantime address the court claim ......

[samuwell]

Re: DCA on credit reference file

Many thank Ruby, much appreciated. True, they wrote their own statute barred 6 months after so carried on with their claim. But because the OC didn't make any CRA report, the DC has put on on just last year. They have assumed the credit card account, obviously. Got lots of little mistakes with dates etc., but they're hoping to push it through obviously. They have made up a re-con agreement dated 2007, not at the address where I was in 1999.
I have sent a SAR to the OC, but only 2 weeks ago. They also wrote their own assignment, undated, unaddressed, but now say they have a deed of assignment for disclosure. Wonder where that appeared from?
That's just a short synopsis.

[Kafka]

Re: DCA on credit reference file

Was the account opened in 1999 as suggested in post #1?

What happened with the default process in 2009/10

What is the reference to assignment in post #4? Did you receive a valid Notice of Assignment when they bought it, and have they supplied a copy?

[samuwell]

Re: DCA on credit reference file

Account from 1999, Last payment September 2009 but a couple of payment default letters, then disputed the claim as interest was piling up and I was penniless and about to be homeless. PRA sent a few copies of account data from OC, and an assignment to Varde Investments on fake MBNA paper, undated and with an address from 2007, not valid IMO. Never got anything from AK and others between 2012 and PRA in 2014.

[samuwell]

Re: DCA on credit reference file

If the account was assigned to the DCA then they have the rights and duties as the OC did. If they register details they would have to state when the account opened etc, even if that was done before they owned it.

Under disclosure rules they now say they have a deed of assignment which I haven't seen yet, they did not respond at all to the request last November for same in the CPR request.

[charitynjw]

Re: DCA on credit reference file

Have you received a Notice of Assignment informing you of the sale to PRA? (Yes or no)

If yes, how was it sent to you?

[MIKE770]

Re: DCA on credit reference file

Under disclosure rules they now say they have a deed of assignment which I haven't seen yet, they did not respond at all to the request last November for same in the CPR request.

You will not see a Deed of assignment as that is confidential information, what you should have is Notice of assignment!

[nemesis45]

Re: DCA on credit reference file

Account from 1999, Last payment September 2009 but a couple of payment default letters, then disputed the claim as interest was piling up and I was penniless and about to be homeless. PRA sent a few copies of account data from OC, and an assignment to Varde Investments on fake MBNA paper, undated and with an address from 2007, not valid IMO. Never got anything from AK and others between 2012 and PRA in 2014.

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