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Debt Collection Agencies
platypus
Posts: 5 Forumite
Hi Everyone -
Has anyone had the experience of being chased by two companies for the same debt?. What is the legal position regarding ownership of the debt? If you make a settlement with one company in theory you could be chased for the same debt even it was settled.
I am paying two agencies for the same debt. Have advised them both, but neither will take into consideration what I am paying to the other. Has anybody else had the same problem? All help gratefully received.
Has anyone had the experience of being chased by two companies for the same debt?. What is the legal position regarding ownership of the debt? If you make a settlement with one company in theory you could be chased for the same debt even it was settled.
I am paying two agencies for the same debt. Have advised them both, but neither will take into consideration what I am paying to the other. Has anybody else had the same problem? All help gratefully received.
0
Comments
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Hi,
I did have this (or rather my partner did)
He made payments in the end to the company he originally owed the debt to and wrote to both of the dca's enclosing proof that he was paying the original company. He then received a solicitors letter from one of the companies, he replied copying the letters he had already sent to both the dca's and that was that. He heard no more and when the full amount was paid to the original company, it showed as cleared on his credit file about 3 months later.Total debt at LB Moment (Nov 2007) = £6583 £4649 20.03.09
£5060 Black horse Loan - £4114 as of 20.03.09
£940 o/d with hsbc - -£535 as of 20.03.090 -
Send both of the b**gers a CCA letter and only pay the most recent one. report the other to Trading Standards for taking unauthorised money.If you've have not made a mistake, you've made nothing0
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Weller special coming up. CCA letter.
Dear sirs
Re:−
Your Ref:
I do not acknowledge ANY debt to your company. I require you to supply the following documentation before I will correspond further on this matter.
1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose £1 in payment of the statutory fee.
2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.
3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.
Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities, therefore if I do not receive evidence that I owe your company any monies by 20 December 2007, I will have no hesitation in passing your details to the Office of Fair Trading.
As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.
Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.
Regarding your threat that a Doorstep Collector will call the owner of this property is denying you or anybody working on your behalf access onto their estate or grounds in relation to this disputed debt, should you or any agent acting for you attempt to gain access to the estate or its grounds, then you will be ignoring your denial of access and the owner of (enter address) will take legal steps to sue both you and or your agents for trespass, please also note that having a letterbox on the property gives you or anyone working on your behalf neither implied nor expressed rights to enter the properties boundaries, again any instances of trespass WILL lead the property owner to sue both yourselves or any agents working on your behalf.
Yours faithfully
Send it registered mail to each of the DCAs, so you can trace the delivery. Enclose a postal order for £1 to each of them rather than a cheque, as this does not have an account number attached.
Either write your name, or get someone to sign your behalf. That way your real sig cannot be scanned into a blank CCA form.If you've have not made a mistake, you've made nothing0 -
Do the people chasing claim to have bought the debt?
What is the debt originally for? It may not be covered by a CCA request.
If they are just collecting on behalf on the original creditor then you can write to the original creditor stating that they are:
"contravening the Office of Fair Trading guidance on debt collection by using more the one debt collection agency at the same time".
Also state that:
"This is a formal complaint that will be forwarded to the Financial Ombudsman if these issues are not resolved and a satisfactory final response is not received.
I also require you to send me a copy of your complaints procedure.
A complaint, and evidence of you agent's conduct regarding these matters will also be forwarded to the OFT and Trading Standards if these matters are not swiftly resolved"
Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB
IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed0
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