No CCA closed 4yrs ago - notice of assignment recieved Not sure what to do next??

[halelf]

Hi

Hoping to get some advice which way i need to go next?

background - originally a HSBC debt went into a voluntary DMP with them everything going okay until it was assigned to Phoenix Recoveries (UK) Ltd S.a.r.l

These where represented by a company call Largo legal & receivables Recoveries based in Wakefield who got very heavy handed and became a nightmare threatening court action so i followed all the advice and CCA them. When no CCA arrived in the time scale i stopped all payment. Whilst this was going on they served papers for issuing a Statutory Demand on my property. I then filed for a set aside unfortunately i failed and it was dismissed (due to my inexperience and having to represent myself unable to afford a solicitor i am in debt that's where the DCA get homeowners)

I stuck to my guns regarding the CCA and 4 wks after the court i received a letter from Largo stating that there client Phoenix Recoveries where unable to supply the original application form therefore they had closed their file (Largo) it also stated that their client reserve the right to pursue this matter at a later date that was 4yrs ago not heard a word from them since

Whats happening now!!

received a letter of Notice of Assignment on Friday stating Phoenix Recoveries had assigned all of its respective right,title and interest to the debt to Arrow Global Limited

All future payments and correspondence regarding the account to be directed to Largo Collections Wakefield (same as before)

It all states i should contact largo to organise payment as a matter of urgency

My Questions

Can they assign to another DCA when the account is in dispute?
Do i need to issue another CCA request when i am still going to be dealing with the same people (Largo)?

I would appreciate any advice as I know from experience these are not very nice to deal with and i need to be squeaky clean with any letters.

Thank you and sorry its a bit long

[Curlyben]

Re: No CCA closed 4yrs ago - notice of assignment recieved Not sure what to do next??

Without a valid agreement they are on a hiding to nothing, so best to file it under I.

[teaboy2]

Re: No CCA closed 4yrs ago - notice of assignment recieved Not sure what to do next??

You said you failed to get the set aside for the statutory demand, so whats happened, did they go for bankruptcy - Whats the current status reference the satutory demand? A bit more info on that part of the issue may prove useful.

[halelf]

Re: No CCA closed 4yrs ago - notice of assignment recieved Not sure what to do next??

Heard absolutely nothing about the Statutory demand after the set aside hearing just a confirmation letter from the court saying my application for the set a side was dismissed and a letter from Largo law saying they where looking forward to receiving my proposals for discharge of the due debt forthwith.

Which i responded to stating that i was still awaiting the CCA and a week later a letter came confirming they could not produce it and therefore closed there file.

To be honest i don't know how the Statutory demand works just knew i had to try and stop it! if they had not admitted to not having the CCA i presume they would have tried to secure it to my house or file for bankruptcy. I don't know if there is a time limit that they need act once they served the Statutory demand on me to take to the next level or if it is still valid after 4yrs?

[teaboy2]

Re: No CCA closed 4yrs ago - notice of assignment recieved Not sure what to do next??

Heard absolutely nothing about the Statutory demand after the set aside hearing just a confirmation letter from the court saying my application for the set a side was dismissed and a letter from Largo law saying they where looking forward to receiving my proposals for discharge of the due debt forthwith.

Which i responded to stating that i was still awaiting the CCA and a week later a letter came confirming they could not produce it and therefore closed there file.

To be honest i don't know how the Statutory demand works just knew i had to try and stop it! if they had not admitted to not having the CCA i presume they would have tried to secure it to my house or file for bankruptcy. I don't know if there is a time limit that they need act once they served the Statutory demand on me to take to the next level or if it is still valid after 4yrs?

Right don't worry about the satutory demand it seems they must have withdrawn, though i would contact the court involved to get confirmation of the status of the satutory demand. I agree they were hoping you would be a push over so they could go for bankruptcy, which is probably why they went the satutory demand route knowing they would need the agreement if they went down the county court route to enforce.

As they admitted to the fact they have no agreement then estoppel will be part of your defence along with the letter admitting they have no agreement which you will need to add to your defence and include as evidence - Though thats if they take you to court.

By all means send them a copy of the letter, recording delievery and tell them to shut up and cease all collection activities otherwise you will deem their attempts to collect on an unenforceable debt as a breach of the protection from harassment act 1997.

[halelf]

Re: No CCA closed 4yrs ago - notice of assignment recieved Not sure what to do next??

Thanks will draft a letter to them with a copy of the letter admitting they have no paperwork as suggested hopefully they will disappear again. I was tempted to ignore them completely but that may just aggravate the situation further.

If they withdraw the statutory demand i hope that in 2yrs it would become statute barred. if not i believe what i have read is that because i failed with the set aside the 6yr ruling would be voided don't know if anyone could clarify that point?

[teaboy2]

Re: No CCA closed 4yrs ago - notice of assignment recieved Not sure what to do next??

It would be invalid anyway as they admitted to not having the agreement for which the satutory demand was issued. No agreement, no debt.

You may want to contact the insolvency helpline at seek advise on the SD issue. Though asking them in your letter to clarify the status of the satutory demand and that if it was not withdrawn, that they do so forthwith and send you confirmation or you may begin proceedings against them.

[B3rty]

Re: No CCA closed 4yrs ago - notice of assignment recieved Not sure what to do next??

I have a similar situation and just reading around the various forums it would appear that a lot of these letters went out last week.

I am going to ignore it for,now as mine is a few months from SB plus I have enough correspondence from a few years ago to know they can't do anything. I think this is a last chance to try and get a payment.

Mine has disappeared from my credit file and I am waiting to see if it reappears under the new owners all be them the same group.

I am working on the theory that they expect some response and will focused their honed collection skills on those who reply. Although I enjoyed the sport a few years ago I am too busy to play at this point.