Debt collection

wowser14

Hi

Is there anyone who can advice me??
I had an agreement plan for paying off a debt. The company had control of how much money was taken out each month. Anyway the debt should have been repaid in 2012 and as far as I was concerned it was paid.
Now, the company has passed on the remaining debt to a collection agency, but they did not make any effort to contact me themselves or advice me of the o/s debt.
The first I heard was when I received a letter from the agency demanding payment. Should the company have tried to contact me first? Is the debt still recoverable?

Any help is greatly appreciated.
Wowser14

~Beanie~

If you still owe it then yes, it is still recoverable.

I assume you were paying bny direct debit, what happened when you thought the debt should have been repaid in 2012, did the Company stop taking the DD or did you cancel it?

[Deleted User]

Write to the new debt collection company, and tell them you never received a 'Notice of Assignment' Without this having taken place then the new debt collection company has no legal right to ask for payment. Additionally, the notice of assignment has to come from the original creditor.

wowser14

Thanks Beanie

They were taking money out of the account an agreed amount over a set period and as the last amount was different to the other regular payments, I thought all the debt had been collected.
There was no DD to cancel as the payments would stop when the final payment was taken.

There were no letters informing me of the 'o/s debt' nor did they send a Notice of Assignment. As they did not, does it mean that there is still a debt which will have to be paid back? If there is a debt.

Lensman_2

I would cancel the direct debit mandate too. I recently saw a post where a DCA "inherited" a direct debit mandate from a bank on assignment.

Also consider a SAR to the previous company to get to the bottom if this. I suspect you might find unfair penalties and perhaps other charges have prolonged this debt.

What is the nature of the debt? A loan or credit card? Or some other sort of debt?

wowser14

Thanks everyone. It seems that the company who I had the original o/s debt with is unsure of the amount owing (if any). Someone is going to contact me. I hope they will have good news.

wowser14

Can a company add on legal costs to a debt if they seeked legal advice, but you have not had any solicitors letters etc?

sourcrates

wowser14 wrote: »

Can a company add on legal costs to a debt if they seeked legal advice, but you have not had any solicitors letters etc?

No, you are only liable for the original debt, any charges, fee`s etc etc can all be challenged, I would not pay anything extra if it was me they can go whistle !!

happy_bunny_2

Complain in writing to the new company, stating it's paid. Demand statements etc.

SAR the original creditor.

Best tackle this from both sides.

Have they added charges for legal advice already?