Got a bee in my bonnet

[winner12]

Hi all been going over my mountain of paperwork from Barclays and there alleged selling of my debts 2 old accounts to CABOT
I have found out recently from Cabot that no default was ever issued from Barclays before selling to Cabot
I did ask a question on here about the default but would like to tackle Cabot over there harrassment of me as I have reduced
my arrangement with them due to a drop in income I am loathed to send income and expenditure sheets as I hate giving DCA
any info I prefer to tell them what I want but get a little Peed off when they dont listen I did read Bill k thread on creation and his probs with
disputed debt and defaults
So my question is can I dispute this as a sold debt because it was never defaulted Cabot are threatening to default now which would be really
annoying as I have paid Barclays via DMP for the last 3 years and think its unfair to be defaulted now especially when its DCA

[teaboy2]

Re: Got a bee in my bonnet

What type of debts were they, credit card, loan or bank account?

If regulated by the CCA then yes you can dispute the default as they can not issue your a default only the original creditor can and its only then that DCA's can transfer the default over to the DCA. You can also dispute the legallity of the sale of the accounts to the DCA, as if the original creditor has not issued you a default notice, then they are not entitled to sell the account. Now i successfully argued and Begged a DCA to take me to court so i could issue a counter claim against the original creditor (therefore bringing the original creditor into the court claim) for unlawful rescission/repudation of contract. Which means they would not be entitled to claim any outstanding amount of the back of invalid or non issuing of a DN which could not be remedied since it the account had been sold on.

Some would argue the selling of the account to the DCA would have been invalid, but clearly despite my begging and openness to them about my intention of counter claiming for unlawful rescission/repudation, they were scared about going to court. Which says to me they either knew i would win, or more simply didn't want to be the ones that got an unfavourable judge ruling against them and setting a presedent and case law, as i would have pursued it to be heard in the high court not county court. I knew dam will i had the means to do just that too.

Am not saying you should use Unlawful Rescission/repudation and go in all guns blazing though, in fact i would not advise it at all at this point. As we first need to ascertain the facts about the accounts and the defaults and whether the Original Creditor ever issued you any default notices, whether they or the DCA still hold a true copy of the originall executed credit agreement or not first. Basically you need to build up your case first, just like you build a brick one, its on brick at a time. Once the wall/case is built, then you slam their heads in to it to give them a nice big headache.

[winner12]

Re: Got a bee in my bonnet

Hi Teaboy
Thanks for your reply yes its 2 credit card accounts so to start with I raise a complaint to the fact they are threatening me with a default when lawfully they cant and take it from there

[teaboy2]

Re: Got a bee in my bonnet

Thats correct. So long as you did not receive a default notice or to put it a better way no valid default notice was served on you (served as being recieved by you) from the original creditor. Then the DCA can not issue a default against you as they do not have the legal right to do so. Also as the original creditor is no longer the owner of the account then they too can not issue you a default notice now either without first buying back the accounts and asking your permission to reinstate the credit agreement that was terminated by them unlawfully when they sold the accounts on.

Now they will likely disagree with you and qoute a load of rubbish backing up what they say. But they will not risk testing it in court knowing you will claim you had not received any DN from the original creditor and strict the claiment to proof that any alleged default notice they claim was sent to you was actually served on you and therefore actually received by you. As proof of it being sent does not proof it was actually received and served on you, and only proves that they passed it to the post man/courier.

[winner12]

Re: Got a bee in my bonnet

Thanks again Teaboy
I am putting a letter together later putting the account in dispute so will let everyone know how I get on