DCA's chasing even when in a payment agreement

Rainy_2

Hi all,

Just a quick question if someone can help me?

I am currently in an informal agreement (Token £1 payments) with the original lender for a loan of just over £7,500. I have paid the agreed monthly payment each month in full and on time.

However, I have had several red letters from two different Debt Collection Agencies demanding full payment of the debt or else debt collectors visit/legal action will be enforced.

I have responded to the DCA's explaining the situation but both have ignored my correspondence (I have proof of letters sent)

I thought that it couldn't be chased if an agreement was in place? Does this just apply to the original lender, not any third parties involved?

I'm in a position now to up the monthly payments but I'm really confused as to who now owns the debt!

Any help gratefully received :A

captainhaggis

This sounds odd to me.

You're paying the original creditor a monthly installment to clear the debt but you ALSO have a seperate debt collection agency chasing you for the same debt?

You need to find out who 'owns' the debt, I think.

PNPSUKNET

as its informal, to be honest on a £7k debt I dont think it would be a long term one. if you go via an iva or cccs or payplan then they wont chase you

DarkConvict

You will only be paying one person for the same debt at a time, so if they are still taking £1 payments then the DCA's will be working on their behalf. I would ring up your creditor and ask them not to involve 3rd party DCA's again as it will not speed up payment.

http://www.insolvencyhelpline.co.uk/debt_factsheets/harassment_of_people_in_debt_by_creditors.php

fatbelly

Same info, updated a bit

Factsheet | Harassment

Rainy_2

Thanks all, that's really helpful :beer:

I thought it was odd but wanted to make sure, still getting my head around this malarky!

It is an informal agreement (last payment is next month)

As I'm doing everything in writing I've requested via letter to the creditor who it is that actually owns the debt. Not sure how freely they give out that info but will sit tight and let you know :A

I think I can see where crossover may be - the loan is with The AA but is powered by RBS. Might be possible that RBS are chasing even though The AA are administering this agreement

Rainy_2

Just an update...

I sent my letters to both The AA and these 'solicitors' (Blair Oliver and Scott Ltd) Recorded Delivery over 2 weeks ago.

No direct response from The AA, they have just cashed the last token payment.

Yesterday I received a 'notice of intended court action' letter from the solicitors. They say that "papers are now prepared for commencement of action through your local court to seek a judgement against you"

Bit worried about this as this is the most threatening debt associated letter I've had to date. They go on to warn me that if I'm a homeowner (which I am) they can get a charging order against my property :eek:

I have been in solid correspondence with The AA from the start of experiencing financial difficulties. (9 letters in total so far!)

But because now I'm in the position where I want to increase my monthly payments, I of course don't want to start paying the wrong party and it not hitting my debt!! I've requested to know who actually owns the debt now but this has been ignored. :rolleyes:

The solicitors are demanding the full amount now :eek:

Do I carry on and send my new offer of payment to The AA? Or to these nasty solicitor people?

Any thoughts gratefully received :A

RAS

What sort of debt is this?

Rainy_2

Hi RAS, it's a Personal Loan.

RAS

Do you have the CCA? If not write off today.

Is the debt defAULTED? IF SO, WE NEED TO SEE default letter and termination leterr.

Got to go.

chappers

They are in breach of the OFT guidance see here http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

They shouldn't be using several agencies to chase the debt, I would write to the AA pointing this out and quoting the relevant points from the OFTs guidance, at the same time making your offer of repayments. I would also write to the DCAs/solicitors explaining this and copying your correspondance with the AA and refering them back to the AA.