debt sold to DCA - who should receive payment from the bank?

[tifo]

Re: debt sold to DCA - who should receive payment from the bank?

Hi Tifo,

I was under the impression that CC's couldn't be stayed as they have nothing to do with the Test Case.

No, it is up to the District Judge at the court and most have agreed to stay cases as credit cards are also to do with the general matter of liquidated costs.

Nearly all courts have bundled any charges case into stays. Some even stay cases which have nothing to do with charges but are against a bank for example, like defaults/DPA issues etc.

Banks play this along and try to get stays even for credit card claims if the court has allowed a continuence. It's an abuse of process but once stayed it is very hard to get it lifted.

[india]

Re: debt sold to DCA - who should receive payment from the bank?

FOS are absolutely useless and i have found them to be biased towards the bank. They don't listen to anything you say and accept only what the bank says. Then make a decision. You cannot respond to the banks submissions as they won't show you what they've had from them, yet everything you submit probably gets sent to the bank.

I couldnt agree more with the above!!! I have found them to be useless, condescending and rude!!!

[Karada_uk]

Re: debt sold to DCA - who should receive payment from the bank?

I have an on-going case with RBS Mint. RBS sold the debt to CapQuest and refused to discuss anything further saying I had to claim against CapQuest. I counterclaimed against CapQuest but the judge ruled that under Company Law "a Company may sell the benefit of a debt but not the Burden of the debt". A refund claim is a burden and cannot be passed to a debt collection agency. The claim remains against RBS in this case as they can only sell the benefit and not the burden. Therefore the DCA has no say in the matter. The refund must be made to the claimant.

[Caspar]

Re: debt sold to DCA - who should receive payment from the bank?

As a little aside to this, for thosse of us who have left it late in the day to claim back charges, ppi etc... (one year till SB), if I were to claim and the bank paid the DCA would my 6 years be re-started?