Debt collector considered priorty debt?

cey2007

Hi all,

just wanted to know whether a debt collector (already been paying installments for 3 months) is considered a priority debt?

Donedoingdebt

Not under normal circumstances. Your priority debts are usually Mortgage/Rent, council tax, utilities, child support etc. Debt collectors may try & intimidate you into making them a priority but unless the debt is any of the above then this is not so. If they persist in pushing you then contact CAB, CCCS to get advice for your particular case.

BAILIFFCHASER

Donedoingdebt wrote: »

Not under normal circumstances. Your priority debts are usually Mortgage/Rent, council tax, utilities, child support etc. Debt collectors may try & intimidate you into making them a priority but unless the debt is any of the above then this is not so. If they persist in pushing you then contact CAB, CCCS to get advice for your particular case.

I agree with the above.

fatbelly

Who owns the debt?

SPANIEL36

your first priority debts are those which are secured ie mortgage and any secured loans. then its council/tax or rent if you dont have a mortgage. then its gas and elec like donedoingdebt says earlier

GeorgeUK

Just wondering - is this an old debt, or a debt that has been sold on to a collection agency?

If so - do you have a copy of the CCA to verify that the debt is recoverable?

AGB863

A priority payment / debt is considered to be anything that you can loose or the loss of a utility service.

CCJ's also fall into this catagory

cey2007

GeorgeUK wrote: »

Just wondering - is this an old debt, or a debt that has been sold on to a collection agency?

If so - do you have a copy of the CCA to verify that the debt is recoverable?

its a debt that's gone to an agency, what does CCA stand for? (still new to board!)

RAS

Cey

if a debt is over 6 years old and the creditor has not been in touchand you have not paid it or acknowledged it for that time, it becomes unenforceable because it is statute barred. Now there are some lovely DCAs who encourage people to believe that they still owe the money even when they do not. If you have statute barred debt and start paying it, it is still statute barred.

Who is the DCA

Consumer Credit Agreement is the document that the DCa have to produce along with the letter of assignment to prove that they are entiteld to colect the debt. If you do not know this, it is likely that they have not sent it and you need to ask for it before you pay any more.

RAS

Cey

Send this letter, recorded delivery. They have 12+2 days to respond initiually, after which they have another 30 days when they can enforce the debt by going to court. Otherwise nada.

Dear Sir/madam

Re: Request for true copy of the alleged agreement

I do not acknowledge any debt to your company.


Ref: /*********
I am writing to request that you supply the following documentation regarding the alleged account. Account no: /********

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose £1 in payment of the statutory fee.

2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities, therefore if I do not receive evidence that I owe your company any monies by 19th October 2007, I will have no hesitation in passing your details to the Office of Fair Trading.

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

Yours sincerely