Who owns the debt NOW???

Blankie

Hi all

We have an ongoing issue with Tesco/Incasso. We had been sent an 'Allocation Questionnaire' which we have returned along with an offer to settle (50% of the debt).

Last week we received a letter from 'Cobbetts Solicitors' saying THEY are now dealing with this and Incasso have been dropped. So we responded (a couple of days ago) by saying "ok, but what about our offer to settle".

Yesterday, we receive a letter from Tesco saying "We confirm Incasso are no longer dealing on our behalf and that this matter is now in the hands of 'Allied International Credit', a firm of Debt Collectors acting on the Bank's behalf.

So, where does this leave us now?? We seem to have Cobbetts AND ALC chasing this debt. Where does this leave the court case?

I don't expect anyone will have any magical answers but just wondered if anyone else has been passed around like this so far down the line (at allocation questionnaire stage). We ticked boxes saying we wanted a one months stay and would consider mediation (Incasso ticked no to both).

Any words of wisdom would be appreciated.

Thank you.

Blankie

DarkConvict

Under OFT Guidelines they should tell you who and when they are selling thd debt too.

Physical/psychological harassment
2.5 Putting pressure on debtors or third parties is considered to be oppressive.
2.6 Examples of unfair practices are as follows:
e. not informing the debtor when their case has been passed on to a
different debt collector

As to who owns the debt, i would send a prove it letter to the latest DCA that contacted you. - http://forums.moneysavingexpert.com/showpost.html?p=11570893&postcount=2

Blankie

Thanks DarkConvict

I know you've said to us before to try not to worry too much about the court case but its like a dark cloud hanging over us. We're trying to move forward but seem to be in the lap of the gods with this. The allocation questionnaire Incasso filled in seems to indicate that they had strongly encouraged tesco to settle but now we're being passed from pillar to post.

I'd heard on these forums that Incasso were one of the nastier ones so I wonder why they've been binned.

Thanks for your advice.

Blankie

Blankie

Can anyone suggest why we would be passed on like this?

Thanks very much.

DarkConvict

Debts are assets to a company, and are sold as such. They are probably not so concerned with the person who actually owes the money. Also it would mean that as they sell it on it may increase pressure on yourself as you get letters as above, making you feel it is out of control when in reality it isn't.

debtmonkey09

Strange first post, I know, but I've just written an update letter to MBNA on my situation as part of which I have given them a journal of calls with AIC and suggested that these are not people an international bank should be in business with - they have broken every possible rule I can think of so far, short of sending someone round physically.

Anyway - at no point have MBNA told me that they passed the debt on to AIC. They have sent me about ten different letters making woolly statements to the effect that they might pass it on to someone, but mentioned no companies by name.

From AIC I had a yellow card, then two phone calls, and then after those two phone calls I had a letter complaining that I hadn't been in contact.

So are you saying here I'm entitled to ignore further communication from AIC? I've already written to MBNA to the effect that I simply can't recognise them as a useful agent in the discussion because they won't discuss instalments and they're not at all constructive. I am also going through the CCCS process with MBNA direct so no-one can accuse me of being obstructive...

We're talking about five figures here so a lump sum payment is never ever going to be physically possible, but the lovely Mr Green in Glasgow seems incapable of understanding that. The latest letter claims that MBNA have instructed AIC to pursue court action. This sounds unlikely to me, what do you think?

If court papers do arrive do I have the power to insist I deal with MBNA, not AIC?

DarkConvict

They can pass it to a DCA to collection on their behalf without informing you, but if they sell the debt on they need to send you a notice of assignment telling you who owes the debt.

It is sometimes possible to get a company to take back a debt, but im not sure what the circumstances are.

If papers arrive, you will deal with whoever owes the debt as they will have brought it from MBNA.