Credit card debt passed on to a agency

Floppers

Hi

Some advice would be much appreciated 

Opened the account 1996 

Defaulted June 2021 - By default I didn’t make any payments to add I received no letters calls emails about the account 

June 24 letter claiming they have brought the said account and I owe £2000

The evidence available is I paid a further 6 months of £ and the default is registered Jan 22

Scenario (1) I paid £250 for those 6 months into a branch which results in I owe £500

Scenario (2)  I didn’t pay anything so I still owe £2000

Both of the above are very plausible and I doubt very much there is any evidence to prove either

I have never received a default letter phone call or email from the original company 

The new company claims to have brought the debt ( But how can it be sold if I’ve no default letters etc ) 

Within 3 weeks of this the notice dropped off my credit report 

I have a new account with the original company ( more than I allegedly owe )

The default date is wrong

The opening of the account is wrong 

The amount maybe right but could well be wrong

What would be the best way to navigate this as the default date has been on dropped off now back on ( But as above ) default opening are definitely wrong

As my credit report can’t suffer from anything that has been on and off now back on

My credit amount is 20k I use 1k 

Ta for reading and hopefully advising a way forward 

Brie

So did you pay money as in Scenario 1 or not?  To do so would be admitting that you have the debt.  If however there's no proof that you paid that money then you haven't necessarily admitted the debt.

Do you mean that the original debt dropped off your credit history?  It's possible that there may be a delay in the debt agency's record showing up on it.  I've seen gaps of 2 or 3 months for some people.

I would suggest you send the agency a "prove-it" letter to see what evidence they do actually have.  Send it by post.  Do nothing by phone, text or email as you don't want to give them ways to harass you.   You could also ask for a copy of the credit agreement.  

As for the difference in amounts - it's possible that there have been fees added as well as interest since when you stopped paying but it was still with the original company and before it defaulted.  

Floppers

Hi 

No I didn’t pay the money my last payment was 6 months before it states my last payment - So I contest this I doubt there is any actual proof that I did or didn’t pay

The default was definitely on my CR it’s dropped off June (24) To add I have never received anything written digital 

I received a letter saying they have brought this “ debt “  ( within 2 weeks of this letter I applied and received a brand new credit account ) with the original company 

Yes I shall send a prove it letter - As they have the wrong century when I opened the account ( Sorry for being flippant )

Regarding the account - Wrong on default ( date ) wrong on ( opening account ) wrong on payments ( Last payment 6 months later ) 

As for phone email txt I’ve had all of these already I personally have not spoken or communicated with them

I spoke to CAB who sent a letter I was given 60 days I’m in my last 20 odd now

Basically due to me not receiving any communication from the original company ( Until the other company sent a letter )

And me opening a brand new account ( Using the official data 29 days after it dropped off my CR )

I at first thought the new company had just scalped my file on the credit report ( As default date wrong payments wrong opening of account wrong )

All the information they had I already had from my CR I haven’t paid any fees just box standard sign up

I believe that they won’t have anything especially when I opened the account or my address at the time 
also regarding any letters of default ( I have read you can’t sell a account without a default letter being issued )

I don’t have any legal or financial knowledge it is all just what I’ve read on sites like this CAB debtline 

Thank you for your help 

What is the worse case scenario  ? If it was all above board letters sent etc I’m I correct in thinking a CCJ ?

If it’s how I have described ( I 100% believe what I’ve said ) then what would be the outcome ?

Floppers

Sorry the different amounts are solely me asking about if I said I had paid £ up until they say I did make payments  - The amount of the debt would be obviously less than it actually is

As I know they have been creative with all of the important details ( opening payments default dates ) 

No fees have been or can be added just so you know

i took the original amount out in 2018 basically it was a cash offer into your bank ( Also it’s the only credit card I’ve ever had ) reason I know when I opened the account as I went into the bank filled out the form 

sourcrates

Debts can be sold at any time, they do not have to be defaulted accounts, a lender can sell your debt to a 3rd party whenever they see fit commercially to do so.

Usually they will write to confirm this, but there is nothing in the consumer credit act to compel them to do this.

You also mention no default notice, they should have sent you one, but again, there is no penalty for not doing so, if the debt actually did default.

The legal implications of debt transfer only affect who you owe money too, your terms and conditions remain unchanged, and continuity of obligations means that any repayment plan continues under the same conditions as previously but with a different creditor.

If you wish to challenge the validity of the debt, due to age or for any other reason, then use the consumer credit act to your advantage, under section 77/79, you have the statutory right to request a copy of your original credit agreement from the lender.

Failure to provide what is required under the act will render the account unenforceable, and you won`t have to pay it.

This is really the crux of the matter, whether the debt is enforceable or not, if it isn`t the rest of the issues become mute, if it turns out it is, then you may have to take your chances in court if it progressed that far.

Floppers

Hi thank you for your advice and assistance 

This is really the crux of the matter, whether the debt is enforceable or not, if it isn`t the rest of the issues become mute, if it turns out it is, then you may have to take your chances in court if it progressed that far.

Yes this is what I’m after now. I’ve tried to be open and transparent with them by going through CAB

Im as certain that the date of the account opening is wrong. To the extent I’d put my life on it

I remember vividly walking in to the bank also walking to the bank to pay my bills. So I 100% know my address at the time of the acceptance letter card and PIN number 

I Will have changed the address when I moved but not the card it will have been the same from when I opened it bar the credit limit going up

I believe they have took my details ( I can’t prove this ) so I’ll say I allegedly got my account details from a credit file

As the original company has put the default date payment dates and amount on my credit report  - also the opening of the account date

Of all the above default payments account opening - All 3 are wrong I’m so confident as I’ve said

The amount is more or less correct so 

1 in 4 isn’t too bad

Ill add no letters emails verbal communication about my account going into arrears and then on to default have sent to me

The letter from the company dates the last Friday of a month saying they had purchased the said debt ( ironically it would have dropped off the first date of the following month )

While again I can only assume my own narrative so I’ll say no more

And I’ll also add that the same month that I’m on about above - I applied to the original company for a brand new credit card ( same as the previous card oddly )

Which I got the new account my limit is more than I allegedly owe them when they sold it on

Obviously I used  - the same name date of birth also the mobile number ( only ever had one number ) email address 

So within 29 days from the beginning of the month to end - My debt was sold on and the same company gave me a brand new account and a limit above what I may have owed 

Im struggling to comprehend what I’m actually typing for anyone to read. But it is all very true

Were there any incentives from the government about credit card debt and banks regarding COVID ? 

As this is the only rational explanation I can come up with for a big company being so tinpot with their dates about my account 

A 1 in 4 result it’s a good ROI

Sorry for the sermon I’m just wobbling my head to make some sense of it all

Ta I do appreciate your help

Floppers

Just to add

Having searched high n low for what occurred in the UK banking credit card world in 2003

As a reason of a account being opened at that point ( which mine definitely wasn’t ) obviously had new cards sent when old
had ran out of the expiry date also credit limit went up when they decided 

Chip n Pin came out so definitely will have a a new card with a chip in it 

2004 card payments top trumped cash payments for the first time 

Floppers

I checked my bank account which I have had the longest amount of time next up would have been the original credit card

Even this date and year are wrong by 3/4 years 

But could it be with the bank account when I moved for work from place (A) to ( B ) but it was the same bank just in a different branch location