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eddieriff 24-10-2008 08:03 AM

Mobile phone Debt - DCA
 
If a debt from a mobile 'phone contract passes to a DCA, should there be a letter of assignment before the debt is claimed by the DCA?

Curlyben 24-10-2008 09:40 AM

Yes.
All the normal things apply except this isn't covered by CCA.
Make the burgers prove they are legally payable for the debt.

Pill Boy 24-10-2008 12:22 PM

ed

This is assuming that the debt has been formally assigned to the DCA and not that they are collecting on behalf of the OC.

It doesn't matter Jack Shout what the DCA tell you about ownership - this needs to be a properly drafted Notice of Assignment sent to you by the OC. For the Assignment to be absolute it needs to be sent by recorded post or hand delivered. If only sent by snail mail then the DCA will hold Equitable Assignment and be entitled to collect the debt, but the right to sue you for it will not transfer and only the OC could do that. Keep details of any delivery including envelopes as these can come in very handy later.

eddieriff 24-10-2008 07:37 PM

It's supposed to be a debt that my son ran up last year. As far as I was concerned I paid it off. A YEAR later 3 has written to him at MY address, despite the fact that I told them a year ago that he does not live here anymore. They enclosed a letter from Lowells. There has been absolutely NO correspondence since I paid off (or so I thought) his debt since last August from anyone. I think there's a rabbit off somewhere.

Hocuspocus 25-10-2008 12:05 AM

As long as he doesnt live there anymore you can tell them bog right off and you dont know where he is.

Or Tell them you want a complete break down of statement.

Did you have a final payment letter back then or a letter stating how much was owed and now have all reciepts totaling that amount, or Direct debit on bank statements.

I would also be getting a copy of his or yours CRF it may well say satisfied or closed on the account and the DCA are being the normal bunch of heavys.:mad:.

Just to stress to any one,
Once you get to the end of your debt, before you send the last payment, write to the company ask them to confrim there is one remaining payment....make out your just curiouse.

Then staple reciept of last payment to thier responce and also ask for closure letter but you have back up now, if the final letter never arrives.


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