Who will give me good discharge of this debt?

[mollie5549]

Debt assigned August 2011 which I challenged with DCA as I have never received formal notification from OC.
SAR to OC shows that debt has been written off and they are no longer processing my data athough I have continued to send monthly payments to them which have not been returned. Default has been removed from my credit files although still has 3 years to run.

DCA insists that payments towards the CCJ should be paid to them but they do not appear on my credit file and so do not appear to own the debt.

I have requested confirmation from OC that debt has been assigned with no response.

DCA will not provide the Deed of Assignment unless asked to in court as they say it is commercially sensitive.

Advice please

[bluebottle]

Re: Who will give me good discharge of this debt?

As Jim Royle would say, "Commercially-sensitive, my arse!" The DCA has a legal obligation to prove they have right and proper title to the debt, if at all. if they don't comply with this obligation, they can't enforce or collect. If the OC has not responded, sent them a "gentle" reminder. As for the DCA, they cannot demand a court order in order for you to see any Deed of Assignment. Incidentally, which DCA is involved, please?

[mollie5549]

Re: Who will give me good discharge of this debt?

Hello bluebottle,

The dca is dlc and I have sent 3 requests to the OC but they have just ignored my letters. I sent them recorded delivery and they have signed receipt for them.

[bluebottle]

Re: Who will give me good discharge of this debt?

Okay Mollie,

What you need to do is report both OC and DCA to the OFT's Credit Fitness Team and your local Trading Standards Department. You can complain to the Credit Fitness Team by email at enquiries@oft.gsi.gov.uk. Quote the CCA Licence Numbers of both OC and DCA in your complaint.

For your information, the following details apply to DLC -

Direct Legal & Collections
Buckingham Road
Brackley
Northants
NN13 7DN

Company Reg. No.: 1418063
CCA Licence No.: 0100058

They are a trading name/subsidiary of Hillesden Securities Ltd

If you can post who the OC is, I'll see if I can obtain the necessary data for them, too.

[mollie5549]

Re: Who will give me good discharge of this debt?

Thanks Bluebottle the OC is Black Horse

[bluebottle]

Re: Who will give me good discharge of this debt?

Thanks for that, Mollie. It appears Blackhorse is not the OFT or FOS's favourite finance company. In the first six months of 2010, the FOS received 2,136 complaints against Blackhorse. Of these 2,136 complaints, 90% (1,922) were upheld in favour of the customers. They are the 8th most complained about finance company in the UK.

The details you need to make a complaint to the OFT are -

Blackhorse
Pfs Collections
St William House
Tresillian Terrace
Cardiff
CF10 5BH

Company Reg. No.: 661204
CCA Licence No.: 0006886

[mollie5549]

Re: Who will give me good discharge of this debt?

Many thanks for your help Bluebottle much appreciated.

[bluebottle]

Re: Who will give me good discharge of this debt?

You're welcome.

[ODC]

Re: Who will give me good discharge of this debt?

There seems to be a bit o a misunderstanding here about the difference between the deed of assignment and the notice of assignment. The DCA are correct in saying that the DEED of Assignment is a commercially sensitive document it is the document of sale between the dca and the oc fin which the agree to buy a paecel of debts for so many pennies in the pound.

The notice of assignment is a document which should be served on you in the prescribed manner by the original creditor when they sell the debt on to the pond life.

[Guest]

Re: Who will give me good discharge of this debt?

Yes just to chip in, also the notice of assignment can come from either party, it does not have to be the OC.

You could request proof of the deed of assignment under CPR or section 35 DPA once they had commenced proceedings. Which is probably what they mean.
The Hillisden familly group specialize on pursueing unenforceable debt and rarely litigate by all accounts, they depend on intimidation and harassment.

I would just inform them that you have SAR'd the OC and they have not confirmed the sale of the account, tell them you need an itemeised breakdown of the amount claimed and proof of ownership before you would even consider paying any alleged debt.

All future correspondence in writing only.

D

Also send a CCA request to the DCA

[messimoo]

Re: Who will give me good discharge of this debt?

all I can say is complain, complain, complain this shower should lose thier licence, blubottle is good at this and helping m out too , these lying cheating pile of steaming cow droppings from thier call centre dips to th co are corrupt.