Please help SAR and general advice needed on assigned debt

[MagicTouch1965]

Hi,

Sorry I think I may have previously posted this in the wrong forum.


I'm hoping someone might be able to offer me some guidance. I've been through the mill a bit financially in the last fifteen years or so, some of the smaller debts paid and the larger ones SB. In the last eight years or so I have been a lot better with my finances and really tried to live within my means (which isn't much - I am a full-time carer to my mum who has dementia and my autistic daughter, and now a mature student). Anyway to cut this long story short, I have like lots of other people on this site received letters from various DCA's, most of them I ignored and if they were persistent sent out a CCA request which normally ended in them admitting wrongful identity and a return of the £1 fee or just admitting they did not have a copy of the CCA.


All of this I could not have done without the help of this site, life is stressful enough and the wealth of knowledge on this site helped me tackle these problems face on. Now I am faced with what seems like a more persistent problem. A couple of years ago I got one of those famous pink cards - didnt have a clue, but I had a look on the site and found lots of other people had received them so I wasn't panicked. Then the letters started arriving which I ignored since I did not recognize the debt.


Feb 2011 the DCA sent a letter saying I could pay 25% of the balance within 21 days and they would write off the remaining balance. Or pay £12 pm
March 2011 the DCA sent a notice of sum in arrears and sent that I would be sent notices at least every 6 months - I have not received another of those.
August 2011 the DCA said I had been placed in their Debt surveillance programme.
August 2011 the same DCA wrote to me and asked me to make an arrangement in respect of the outstanding balance - said a further assessment would be made of my current financial situation.


I had enough at this point and sent a prove it letter stating I had no knowledge of such debt.


I heard nothing from them for 7 days and thought maybe I should send a CCA letter and did so - also included a copy of the letter they had not responded to.


They responded with two letters. One said that they had purchased the debt in 2008 and the debt had a CCJ issued against it in 1998 and provided the claim reference number. Also, a tiny print out where the client is the OC and the transaction date of last payment is Feb 2009. The other letter said they acknowledged the payment of £1 and were awaiting a copy of the original agreement and statement of account from the original lender and would forward these when available. Also the letter said they would update me of developments in 21 days if no developments beforehand.


I have never had an agreement with the OC that they are stating - but I do recall a previous CCJ at around the same time with another creditor who I kept up payments (£6 pm)with for a while - I changed address which I notified them of and requested more paying slips. I didn't hear from them again but I do know they went bust.


To be clearer, I sent the DCA who are basically the same company as their client a SAR - 8 days later I received what they say is a copy of the data they hold on the files. The client name is again the OC there is information about lots of addresses I have never lived at and dob is different. The data is 2 pages long and goes from 08 to current year. The tiny print out was also included. The letter said about the copy of agreement and statement of account was being requested from the OC and that I had already made this request. The late entry in the date file recorded that I had made a CCA request and wanted a notice of assignment and said "will req docs and send lcom1".


I thought the SAR would contain all communication they had sent to me - but there is nothing there regarding this. Please advise me it would be really appreciated.

[alham]

Re: Please help SAR and general advice needed on assigned debt

Hi, someone who knows more will be along shortly, however their entry about £1 payment - does it has bank account/payment reference so that you can be SURE it was your £1?

[MagicTouch1965]

Re: Please help SAR and general advice needed on assigned debt

Thanks very much for responding. There was no reference number if anything for the CCA request or for the token payment that appeared on the printout. Not very much information at all.

[alham]

Re: Please help SAR and general advice needed on assigned debt

Sounds like your debt was statue barred and they are trying to resurrect it by claiming a payment in the last few years. Anyway, one of the experts will be able to help better then me.

[MagicTouch1965]

Re: Please help SAR and general advice needed on assigned debt

Further update, received a letter saying they had requested a copy of the documentation from their client which they will forward when it becomes available. Also, the letter says the account is on hold and that I wll be updated of any developments in 21 days. Interestingly, in this letter it refers to their client and says nothing about them having been assigned the debt. In all of the other letters it gives the impression and states that the debt was assigned to them.

I would really appreciate any views on this.

[alham]

Re: Please help SAR and general advice needed on assigned debt

I think a quick letter to them along the lines " Whilst I am waiting for further information from you regarding this alleged debt that I neither recognise or acknowledge it remains my contention that:
1) It remains your responsibility to prove that alleged debt exists;
2) If the alleged debt exists, which is denied, it is not statute barred;
3) I deny making any payments against this debt. For this reason you are required to prove that £1 payment of DATE and acknowledged by you did originate with me - to this end, a copy of the bank transfer, originators account or other information proving without doubt that it was my payment are required.
4) Information, contained in you correspondence of DATE, refers to addresses and DOB of the client which are plainly have no connection to me.

For avoidance of doubt, unless you supply all the documents requested in my letters of DATES and in the present letter I continue to deny existence of such debt.

Yours faithfully"

Members, legal links would be helpful.

[MagicTouch1965]

Re: Please help SAR and general advice needed on assigned debt

Thanks Alham,

I was thinking they needed another letter - I was just was unsure about what information a SAR would contain and whether they had satisfied it.