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Default Account Sold to Debt Collector

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13

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  • xlnc99
    xlnc99 Posts: 1,673 Forumite
    1,000 Posts Fourth Anniversary Name Dropper
    I am planning to but before i did i wanted to know the information i requested on this thread. Ive read ton of threads before where the debt collector always sends you back to the original creditior and vice versa.

    Hence this thread so i am prepared with the correct information before speaking to them
  • boo_star
    boo_star Posts: 3,202 Forumite
    Part of the Furniture 1,000 Posts
    xlnc99 wrote: »
    I am planning to but before i did i wanted to know the information i requested on this thread. Ive read ton of threads before where the debt collector always sends you back to the original creditior and vice versa.

    Hence this thread so i am prepared with the correct information before speaking to them

    They may need to speak to the original creditor about it but they shouldn't be referring you back to them. They're the ones reporting it after all, it's up to them to make sure it's accurate.
  • sourcrates
    sourcrates Posts: 31,510 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    edited 16 August 2019 at 12:09PM
    xlnc99 wrote: »
    I am planning to but before i did i wanted to know the information i requested on this thread. Ive read ton of threads before where the debt collector always sends you back to the original creditior and vice versa.

    Hence this thread so i am prepared with the correct information before speaking to them


    Hi,

    My approach would be to give the FOS helpline a quick call on :

    0800 023 4567

    explain the situation to them, they will then write to the company concerned, and tell them they have a complaint to deal with.

    They will then contact you.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • xlnc99
    xlnc99 Posts: 1,673 Forumite
    1,000 Posts Fourth Anniversary Name Dropper
    I see, this puts me in a tricky situation. As you said they will argue against this and send me back to the company who has bought the debt.

    I thought the FOS was a last resort after you have spoken to the companies involved.
  • xlnc99 wrote: »
    I see, this puts me in a tricky situation. As you said they will argue against this and send me back to the company who has bought the debt.

    I thought the FOS was a last resort after you have spoken to the companies involved.

    Still disparaging advice given here I see.

    Just do as you've been advised for once, please....
  • sourcrates
    sourcrates Posts: 31,510 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    edited 16 August 2019 at 12:08PM
    xlnc99 wrote: »
    I see, this puts me in a tricky situation. As you said they will argue against this and send me back to the company who has bought the debt.

    I thought the FOS was a last resort after you have spoken to the companies involved.


    You can ring their helpline for advice at any time, if you have a complaint against a company, having the FOS write to them, telling them they have a complaint to deal with, makes them deal with it, when normally they may ignore you, or try to fob you off.

    The FOS is the enforcment arm/adjudiactor and complaints manager for the FCA, if a company ignores a request from them to deal with a customer issue, the penalties can be severe.


    Thay will also advise you who the complaint should be aimed at.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • sourcrates
    sourcrates Posts: 31,510 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    edited 16 August 2019 at 12:16PM
    On looking further into this, it appears the new owner of the debt may be the one the complaint should be aimed at.
    On the sale of a debt, the new owner inherits all rights and privilidges of the original creditor, so that would imply responcibility now lies with them.

    This is what debt camel say about it :


    https://debtcamel.co.uk/debt-default-date/


    advice about FOS still stands.
    Advice on complaints made about sold on debts does tend to differ, depending on the issue, best to clarify the position with FOS, rather than give out the wrong information.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • xlnc99
    xlnc99 Posts: 1,673 Forumite
    1,000 Posts Fourth Anniversary Name Dropper
    Thanks for all the information. Its so very confusing. I will contact the FOS and see what they say to who owns the debt. No doubt this will go round in circles and will be a long drawn out saga
  • xlnc99
    xlnc99 Posts: 1,673 Forumite
    1,000 Posts Fourth Anniversary Name Dropper
    The major problem i would have to contact the original owner as some point as the debt collector added the same default as the original lender. So anything that needs changing has to go past the original lender as they added the default!

    They should sort this process out, its silly.
  • I think the guidance on the DebtCamel article, kindly linked by sourcrates, is pretty clear. It is not confusing at all. They say,
    To correct a problem with a default on your credit file you should write/email the lender (or the debt collection agency if your debt has been sold by the original lender), putting COMPLAINT as the subject, explaining why you think it is wrong.
    You should therefore write to the DCA who bought the account to have the default date amended.
    I work within the voluntary sector, supporting vulnerable people to rebuild their lives.

    I love my job

    :smiley:
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