DCA will not pursue legal action

[hra47]

I don't particularly want to mention any names but if a DCA writes saying they do not intend to pursue legal action 'at this time', is this another way of indicating a debt is unenforceable without actually saying it?
Having shortly before said they were considering pursuing legal action, I do not know why they would not have simply left it at that - for no particular reason as far as I can see, I then got the letter saying action would not be pursued at this time.
Any thoughts? and thanks in advance

[MIKE770]

Re: DCA will not pursue legal action

just update as necessary

[warwick65]

Re: DCA will not pursue legal action

Who knows why DCA's do and say things

Just one question (well maybe a couple)

Is this a large debt- hundreds, thousands over 10,000
When was it opened originally

It does seem odd and while I wouldn't lose sleep over it just keep your eye on the post etc

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Is it to do with this
http://legalbeagles.info/forums/show...card-agreement


Maybe they have worked out its you or just know they have an illegible agreement that would fail S77-79

Mind you they could easily recon one

[hra47]

Re: DCA will not pursue legal action

Thanks Warwick - it isn't in fact to do with that link - with help from this site,I think I am on top of that one - this is another (there were 4 originally,have knocked two on the head so far) - but the debt is around £15k - didn't understand why original lender assigned it to a DCA as I had hardly challenged it,so am getting the feeling there is something amiss that I do not recognise - CCA looks fine,so am scratching head a bit! All best

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Apologies,goes back to 2004

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I have received a subsequent letter,tho,asking me to get in touch to discuss repayment...

[warwick65]

Re: DCA will not pursue legal action

Hi Hra

I know how frustrating it is, I have a debt bigger than that which was defaulted very soon after taking out and sold just a few months later. Remember, if they were not getting a decent repayment for you it is just now worth their while in sitting on it and administering it , they will have got some money for it, maybe £1500 - well if you were only paying 10 a month that would have taken them nearly 15 years to just get that back

So if I am right

DCA owner a debt
You sent CCA request - not complied with and sent back to the owner
Now with new owner

Has it been sold or are they just administering it for the original owner , you can usually tell when they refer to their clients. As I am sure you know, many companies outsource debt collection to the likes of Wescott and those people in Stockport whose name escapes me at the moment - the DCA's then get paid by results. Then at some point they may get sold, usually to AG, PRA, Cabot, Lowell and a few others.
[MENTION=87380]Diana M[/MENTION]

Di is very good at asking pertinent questions without giving the game away

[warwick65]

Re: DCA will not pursue legal action

Remember there is a lot lot more to enforcing a debt than a CCA request
For example
If pre 2007 are the prescribed terms there
Was a good default notice issued
If it has been sold , is the assignment good ?
Di's firm won a huge (to me) case by proving the assignment was bad , PT's firm I believe have also won on assignment issues

Without seeing the full response to your CCA request no one can tell you if it is compliant and only a bad CCA is not generally a great defence to rely on, particularly for a big case- you need more

[hra47]

Re: DCA will not pursue legal action

Thanx for taking time on this warwick - debt assigned properly to DCA and that looks good - had CCA from original lender and it looks good; can't recall if I had default notice but I have not mentioned that anywhere - as they say they will not pursue legal action 'at this time',I am wondering if I shouldn't say to them that if this is unenforceable,they have a duty to let me know?

[warwick65]

Re: DCA will not pursue legal action

In my opinion, I would keep my head down . If they do look like legal action is likely send another CCA request because who knows if the OC will give them the documents or the same documents as before. Let sleeping dogs lie

As for the assignment- it is not the notice that you need to look at , it is the deed which may or mayn't prove the right to bring a claim- but again best left until and if the decide to bring a claim.

[hra47]

Re: DCA will not pursue legal action

In my opinion, I would keep my head down . If they do look like legal action is likely send another CCA request because who knows if the OC will give them the documents or the same documents as before. Let sleeping dogs lie

As for the assignment- it is not the notice that you need to look at , it is the deed which may or mayn't prove the right to bring a claim- but again best left until and if the decide to bring a claim.

ok,great stuff warwick - am good at keeping head down ! Thanx again -

[Diana M]

Re: DCA will not pursue legal action

if a DCA writes saying they do not intend to pursue legal action 'at this time', is this another way of indicating a debt is unenforceable without actually saying it?
Having shortly before said they were considering pursuing legal action, I do not know why they would not have simply left it at that - for no particular reason as far as I can see, I then got the letter saying action would not be pursued at this time.

What prompted that letter saying action would not be pursued at this time? Did you write to them and this was their response?

Is this £15k debt still with the original creditor since Debt Collection Agencies don't own debts they only manage debts on behalf of third parties?

You say the CCA looks "fine" but maybe they know that the associated Ts & Cs have a problem or something is not quite right but it could be remedied so need time to reconstitute documents etc.

From the way you describe that letter it seems there's nothing you need to do right now but that doesn't mean it won't rear it's ugly head at a later date perhaps when it's been assigned to a debt purchaser.

Di

[hra47]

Re: DCA will not pursue legal action

Hello Di and thanks for reply - original creditor sold and assigned debt to debt purchaser (apologies for my incorrect wording) just over a year ago - quite why,I do not know; s78 request for copies of CCA etc to original creditor had shown what seemed to be a correct agreement, from all I can gather,and I was not in any sort of dispute with them at the time.
I wrote to new owner of debt saying I did not believe it to be enforceable as I never received cancellation rights details - that was a year ago - heard nothing until formatted letter arrived saying considering legal action and get in touch to organise repayment plan.Had not had time to respond before new letter arrived saying not considering legal action at this time,totally unprompted therefore. I replied saying I had still not had a proper reply to my original letter,which lead to another formatted letter saying 'we understand everyone has problems etc' and get in touch to discuss a repayment plan. I just have a feeling something is not right somewhere on their side but obviously they would not volunteer this - why would they not simply leave the original threat to pursue legal action hanging in the air to leave me to sweat a bit? They clearly looked at it again pretty quickly and backed off straight away. No comprendo! But thank you again for any ideas you may have. All best -

[hra47]

Re: DCA will not pursue legal action

Also warwick,thank you for referring problem to Di - all best

[warwick65]

Re: DCA will not pursue legal action

Hi hra

Just because forum rules don't allow me to tout for anyone I tagged [MENTION=87380]Diana M[/MENTION]; to have a look because she is very good at asking the right questions.

[hra47]

Re: DCA will not pursue legal action

Thanks again warwick - Di kindly responded,and I have given some more detail. All v best to you