Does anyone have experince of DCA's taking legal action

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

rubbishwithmoney_3

Hi, i don't know the legal ins and outs involved, although i can't imagine that DCAs would take on debts if they weren't legally able to enforce them. I can tell you that i had a debt with Royal Bank of Scotland, which was passed to a DCA called Westcot. I originally agreed a payment plan with them but i broke that to go on a proper debt management plan with CCCS. They weren't happy and have started proceedings for a CCJ, so they can and obviously will do it. The claimant name on the form is the Royal Bank, but done through the solicitors firm that acts as litigants for Westcot. You would probably be better off not burying your head in the sand. Contact the DCAs and set up a payment plan, or if your debts are too large, contact CCCS and get some advice. You can't ignore it - with my CCJ they are likely to be told to accept the payment i have offered through CCCS, the courts look favourably on you if you are trying to get your money under control, have a proper budget etc. If you make no move to pay, you could, as far as i know, end up with baliffs or an attachment of earnings order.

Dr.Shoe_2

Firstly, the "Deed of Assignment" is a bit of a myth, all they need to produce is a letter from your original lender acknowledging that they now own the debt.

Secondly, they do need to be able to provide you with a copy of the original credit agreement on demand. If they cannot do this then they are committing a criminal offence by asking you for money. Occassionally, even the original lender can't do this let alone a DCA but quite often they will be legal and above board especially larger firms like Crapquest and will be able to give you copies (photocopies probably) on demand.

Sometimes though, when a debt comes up for sale, the DCA will go on a little fishing expedition and contact you to assess whether it would be worth their while before deciding to purchase the loan.

beeniemac

Dr.Shoe wrote:

Secondly, they do need to be able to provide you with a copy of the original credit agreement on demand. If they cannot do this then they are committing a criminal offence by asking you for money.
.

Please not that this is not always the case for Gas and Electricity debts.

donone2020

Thanks - its an interesting start. I previously had a DMP with the CCCS, but on advice from an IP ceased paying, as I was trying to get an IVA sorted out. That in itself was a story (for another time), but the net result was £1500 spent and no IVA!

Now I have, over the last three years, since the debts were all passed on to DCA's received dozens of letters from all sorts, including Wescot and many others, most of which have threatened, but no action taken. These include so called solicitors letters, that look genuine but when you check them out are alot of hot air!

As explained the difference this time is that I have received a letter from the original lender stating that they have sold the debt on (it must be said that on closer inspection, despite headed paper I'm not convinced). The letter from the original lender arrived with the letter from the DCA.

In anycase the net result will be bankrupcy as the total level of deby is over 100k, at least it will stop the likes of crapquest, wescot, Lewis and all the others continually phoning and writing. I must admit I'm tempted to just sit and wait to see what happens ............You never know another 3 yeras and there is sweet FA they can do in anycase! & no I'm not putting my head in the sand. I live with this each and every day.

Tootsie_Roll

Not wishing to be funny but already answered this one for you and received your thanks.

http://forums.moneysavingexpert.com/showthread.html?t=282290