Can they sell to dca during complaint

[Prudence1]

Hi
first post so will try and hoping this makes sense.

I discovered red defaults from a payday loan company on 2 separate credit reference agencies.
I vaguely remembered having them but thought they had been paid off.

Anyway I started my complaint in late June this year requesting a copy of the credit agreement, statement of account and default notices.
They replied with default notices but that's all.
Anyway we have been writing back and forth as I asked for clarification on default dates , amounts etc.
Last week I received a letter from the payday loan company AND a dca that they had assigned all rights of debt to the dca and that they would now be dealing with it all.

My my problem is : I'm pretty sure they shouldn't /can't sell the debt to a dca when there is an open / unresolved complaint/dispute

I telephoned yesterday as id again requested this information and again I had an email saying they have tried to call me and to call in. Against my better judgment I phoned . Initially they refused to speak to me as it's with a " dca" now but I demanded to speak to complaints at the payday loan place . Complaints then advised me that as I didn't reply for 30 days they consider the matter closed and can then sell it on.

Having checked sent/rec emails there has NEVER been a period of more than 15 days when I've not replied let alone 30! Having checked the letter the debt was sold to dca 3 weeks after my initial complaint ( during this time letters back and forth via email)

hmmm clearly I'm rambling

basically CAN a payday loan company ASSIGN the debt to a dca during an open complaint??

thank you

[Prudence1]

Re: Can they sell to dca during complaint

No idea why it says red default . Not impressed with autocorrect lol x

[FlamingParrot]

Re: Can they sell to dca during complaint

Hi
first post so will try and hoping this makes sense.

I discovered red defaults from a payday loan company on 2 separate credit reference agencies.
I vaguely remembered having them but thought they had been paid off.

Anyway I started my complaint in late June this year requesting a copy of the credit agreement, statement of account and default notices.
They replied with default notices but that's all.

I'm sorry you didn't get an earlier response to your question. The standard CCA request wouldn't apply to short-term loans such as payday loans. Were you happy with the amounts quoted on the default notices? Because you say you thought you'd paid them off, or did you pay them after being defaulted?

Anyway we have been writing back and forth as I asked for clarification on default dates , amounts etc.
Last week I received a letter from the payday loan company AND a dca that they had assigned all rights of debt to the dca and that they would now be dealing with it all.

My my problem is : I'm pretty sure they shouldn't /can't sell the debt to a dca when there is an open / unresolved complaint/dispute

I telephoned yesterday as id again requested this information and again I had an email saying they have tried to call me and to call in. Against my better judgment I phoned . Initially they refused to speak to me as it's with a " dca" now but I demanded to speak to complaints at the payday loan place . Complaints then advised me that as I didn't reply for 30 days they consider the matter closed and can then sell it on.

Having checked sent/rec emails there has NEVER been a period of more than 15 days when I've not replied let alone 30! Having checked the letter the debt was sold to dca 3 weeks after my initial complaint ( during this time letters back and forth via email)

hmmm clearly I'm rambling

basically CAN a payday loan company ASSIGN the debt to a dca during an open complaint??

thank you

In short, yes, a debt can be sold or assigned to a DCA even if its disputed. DCAs buy debts in bulk without any details of the accounts, this include unenforceable debts, statute barred debts and I've even heard of debts that have been ruled unenforceable in court, being sold.