Transfer To Collection Agencies

donone2020

I'm posting for advice, please. I have a number of credit card debts outstanding, which I have not paid for over 3 years and all are defaulted. These have been passed round many collection agencies, with all the phone calls and threatening correspondence that goes with it. Until now none have attempted to enforce the debt via a CCJ.

This in its self raises the question as to whether or not, generally speaking, collection agencies are able to pursue action through the courts - as the credit agreement was not with them and if the debt was legally assigned then I presume they would have to obtain a legally drawn up deed of assignment from the original lender.

The new slant is that I have received a letter from RBS, one of the original lender, saying that their debt has now been pased onto a company called capquest - who now own it. The question is, can they do this without a deed of transfer? And of course the next question is - would capquest presenting a letter from the original lender, to the County Court, be evidence enough to obtain a CCJ?

Is there anyone with real experience who can advise on this please.

Thanks

Tootsie_Roll

donone2020 wrote:

I'm posting for advice, please. I have a number of credit card debts outstanding, which I have not paid for over 3 years and all are defaulted. These have been passed round many collection agencies, with all the phone calls and threatening correspondence that goes with it. Until now none have attempted to enforce the debt via a CCJ.

This in its self raises the question as to whether or not, generally speaking, collection agencies are able to pursue action through the courts - as the credit agreement was not with them and if the debt was legally assigned then I presume they would have to obtain a legally drawn up deed of assignment from the original lender.

The new slant is that I have received a letter from RBS, one of the original lender, saying that their debt has now been pased onto a company called capquest - who now own it. The question is, can they do this without a deed of transfer? And of course the next question is - would capquest presenting a letter from the original lender, to the County Court, be evidence enough to obtain a CCJ?

Is there anyone with real experience who can advise on this please.

Thanks

Well yes they can sue you through the courts even if they are just acting on behalf of the lender - where did you get 'deed of assignment' from, it is irrelevant in this circumstance.

So you have now received a letter from Capquest explaining that they have bought the debt - that is the only legal responsibility they have to notify you - 'deed of transfer' again meaningless - what is it or perhaps more appropriately what do you think it means ? If they do decide to start legal action then they will be able to obtain all the documentation needed from RBS and if for any reason RBS can't find it then Capquest can't litigate.

kathfisch

Hi there

I'm afraid I can't give you any specific advice but I thought I'd bump the thread up for you in the hope of getting some more replies