Account sold to DCA whithout default notice

[monica32]

Hi all,

I need advice regarding default notice. My debt has been sold to dca by oc whithout default notice being issued first. I know that debt can be sold whithout defoulting first but this means that DCA cant take me to court as the action taken by OC were unlawfull?
I have challenged DCA regarding other issues with the debt and in their response they have addimted that the debt has not defoulted when they bought. No default notice has been issued to me. DCA can not issue default only OC can? Does it mean OC and DCA are on breach of CCA 1974?

Thank you for all advise.

[Nibbler]

Re: Account sold to DCA whithout default notice

What type of account was this exactly?

[monica32]

Re: Account sold to DCA whithout default notice

It was personal loan

[FlamingParrot]

Re: Account sold to DCA whithout default notice

I need advice regarding default notice. My debt has been sold to dca by oc whithout default notice being issued first. I know that debt can be sold whithout defoulting first but this means that DCA cant take me to court as the action taken by OC were unlawfull?
I have challenged DCA regarding other issues with the debt and in their response they have addimted that the debt has not defoulted when they bought. No default notice has been issued to me. DCA can not issue default only OC can? Does it mean OC and DCA are on breach of CCA 1974?

A DN is not required merely to sell a debt as live accounts can be sold, for example, when the Egg cards were sold to Barclays, however, if the debt has been sold to a debt purchaser that would mean the account would have been terminated (debt purchasers don't buy live accounts) and would be demanding payment in full of the outstanding balance rather than just the amount in arrears. s.87(1) of the CCA states that a DN is necessary before the creditor can terminate the account to start with.

87 Need for default notice.

(1) Service of a notice on the debtor or hirer in accordance with section 88 (a “default notice ”) is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor or hirer of a regulated agreement,—
(a) to terminate the agreement, or
(b) to demand earlier payment of any sum, or
(c) to recover possession of any goods or land, or
(d) to treat any right conferred on the debtor or hirer by the agreement as terminated, restricted or deferred, or
(e) to enforce any security.

They can take you to court (as in issuing a claim) but you'd have a good argument to defend the claim if no DN was issued. Hopefully you've got their statement that the account was not defaulted before they bought it, in writing, if so you should keep that letter in a safe place (preferably a fireproof safe! :lol. The reason for that is that banks always argue they don't keep copies of DNs, and they probably don't, since those letters are just mail-merged from a database and not saved as individual documents or files. When a claim is issued, you can request a copy of the DN but you'd hardly ever get one, if at all, for that reason. In the majority of cases banks do issue them, even when they are often defective or non-compliant, they are still issued, and it's rather unusual for a bank not to issue one at all, hence the need to keep your letter as evidence of that fact. :thumb:

Can I ask who was the bank that gave you the loan and didn't issue a DN? Did you ever get a notice of sums in arrears?

[monica32]

Re: Account sold to DCA whithout default notice

Thank you for valuable information. OC was black horse. I have received notice of sums on areas indeed.
If the OC did not issue DN they have sold my debt illegaly under CCA 1974. How DCA can take me to court if they can not issue DN?
I am not trying to not pay off this debt, but DCA- Hilsden Securities manages it in such a bad way- I just want to shut theirs mouth that legally they dont stand a chance.
I contacted DCA in a diffrent matter- I chalenged fact that they still applying intrest when they are not allowed to do so. In their response they have admitted( I have that in writting) that account has not defoulted when they bought it. After that valuable information I have sent SAR request to BH and it confirms no DN has been issued prior to sale.
Could you please advise me what my letter should contain please?

Thank you in advance
Monica32

[FlamingParrot]

Re: Account sold to DCA whithout default notice

Thank you for valuable information. OC was black horse. I have received notice of sums on areas indeed.
If the OC did not issue DN they have sold my debt illegaly under CCA 1974. How DCA can take me to court if they can not issue DN?

There's a big difference between taking you to court (as in issuing a claim) and WINNING in court (as in getting a CCJ). A lot of claims are issued in the hope of obtaining default judgment due to lack of response. Do bear in mind it is possible to rectify DN breaches by re-issuing the DN.

I am not trying to not pay off this debt, but DCA- Hilsden Securities manages it in such a bad way- I just want to shut theirs mouth that legally they dont stand a chance.
I contacted DCA in a diffrent matter- I chalenged fact that they still applying intrest when they are not allowed to do so. In their response they have admitted( I have that in writting) that account has not defoulted when they bought it. After that valuable information I have sent SAR request to BH and it confirms no DN has been issued prior to sale.
Could you please advise me what my letter should contain please?

What are you trying to achieve? Lack of a DN from the OC is not, in itself, a reason to dispute the account, it's one of those technical defence arguments if this goes to court.

Have you sent a CCA request for this account? When did you apply for the loan? When did you default? All these issues are relevant in addition to the lack of DN.

[Nibbler]

Re: Account sold to DCA whithout default notice

Depends how Hilsden are administering the loan?

I assume they are trying to collect it as if it was a defaulted account?

[monica32]

Re: Account sold to DCA whithout default notice

I want them to stop adding intrest. I am happy to pay it off- I borrowed money.
Cca has been sent of and complied with. There is one mistake on - my date of birth.
Account was opened in 2011, sold to Hilsden in July 2014.
Default notice of sum of areas was served on 6th March 2013.