CCA letters to debt collector.

stu12345_2

just reading a recent letter from my bank who state moorcroft is acting as agent for my bank credit card debt.
they say do not speak to bank anymore.speak to moorcroft.
my question is if moorcroft is only the acting  agent collecting for the bank.they haven't bought the debt.
.then why would moorcroft have my consumer credit agreement.surely the bank will still have it.
who gets the CCA request letter from me..the bank or moorcroft.

sourcrates

That is correct, the original paperwork is always retained by the original creditor, it never leaves them unless they destroy it or lose it, even when the debt is sold, it stays with them.

Neither the collector managing your account, nor the new owner of your debt, if it`s been sold, will have any previous knowledge of your account or its validity, and certainly won`t have any original paperwork.

This is why it is the duty of said owner/collector, to pass on any request made under section 77/79 CCA, to the original creditor, in order for them to action a response.

stu12345_2

ok.does that mean in another of my debts eg Barclaycard that is now being collected by pra group I write a letter to pra group.
as I spent time writing these letters.not posted them yet.i wrote the letters to the debt collection companies.not the original lender.havr I done got it right
think you mean only contact new collector
my bank RBS said moorcroft have all my account details  I assume they will not have my CCA agreement unless I ask for proof of it

fatbelly

Send them to whoever's writing to you provided it's a cca debt

stu12345_2

is it worth it.if it's only say £80 debt or should I go after the debts I owe worth £3000 

stu12345_2

 does a drafty loan got a cca

sourcrates

Debts can either be assigned "Equitably" or "Legally".

When a debt gets assigned to a collector to manage, its called an "equitable assignment", the collector can ask you for payment, but cannot take legal action to make you pay.

A "legal assignment" usually means they have purchased your debt, so have inherited all rights and privileges, they can take legal action to recover the debt.

In all instances you correspond with whoever writes to you, as previously stated, it would be impossible to include original paperwork with every debt sold or assigned, so that only comes into play once you request to see it.

They would prefer you were unaware of your rights to sec 77/79 CCA, and their obligation to comply with said legislation, they want you to pay up without question, which is something you should never do, always ask for evidence, as without it they have no legal right to ask you to pay anything.

The consumer credit act provides protection for regulated debts between £100 and £30,000.
Some financial products are not CCA regulated, the credit agreement you sign will make it clear if the CCA applies or not.

stu12345_2

ok got a debt with drafty loans which was then went to credit solutions who now said it's back with drafty cos of time expired whatever that means it's around £80.
should I request a CCA from drafty or concentrate on my bigger credit card debts CCA requests

Sly72

my advice is send them see what you get back, they won't ask for payment until sorted out.

sourcrates

On the other hand an £80 balance will not be top of the list for collection teams, not much profit in recovering that, honestly I would not bother.

stu12345_2

drafty loan is a payday loan.so I read the CCA doesn't apply to them. in the same way overdrafts are exempt as well