I would like to request if someone can give me a little guidance on a process.

• If you have a debt that you are not challenging (as in denying), and it has been sold on to a third party, is there any legislation regarding this process? I know the agreement will cover this, but I could not see anything in the Consumer Credit Act.
   
  
• We were in discussion by letter with the original lender about setting up a repayment plan, but it looks like they decided to sell the debt and ignore our information requests (with fee) and payment offer. This was was ignored, so not accepted or declined. The first thing we knew about the change was when we got a letter requesting (or demanding) payment from the new owner. It would seem that the sale of the debt is not recent.
   
  
• I believe there should have been a Letter of Assignment sent from the original lender (or the new debt owner?). Was there supposed to be some warning of this intention to sell?
   
  
• And finally, are there any time limits for any of the above? The debt itself is under 6 years old.

Thank you for any pointers for the above. The process for this matter seems to have been a little slap dash, so we want to make sure we are paying the money to the person who is actually entitled to it.

firstly check your cra file [see below noddle is free]

name names please

and give us a dated history of this debt.

dx

Send the company claiming to be the new owner the letter below - fill in the blanks and send it at least recorded delivery.

Draft request for assignment - Amended Draft.doc

There is no obligation for them

to notify that they are going to

sella debt.

A debt can be passed to a 3rd party by

simple assignment (to collect/manage the

account or total assignment (sale) of the

debt and all that goes with the original agreement.

The original creditor and or the debt purchaser or

DCA must notify the debtor about the status of the

debt.

lots of that stuff does not neccessarily apply.

dx

Send the company claiming to be the new owner the letter below - fill in the blanks and send it at least recorded delivery.

 

 

[ATTACH]35338[/ATTACH]

Thank you for this link - it covers a lot of what I wanted to clarify. Very much appreciated.

Thank you for all the replies, information and suggestions above.

For the record, the bank was the supermarket that uses the colour orange in it's logo. I realise they are administered by another bank, but I will never use them again. I was far from impressed by their customer service, knowledge and standard of communication. Never again.

I wanted to share the following information on here because I was really quite surprised by it It seems that I have been quite naive. I think others on here may appreciate being aware this can happen as well.

I have a debt that was originally a personal loan. The current creditor has owned the debt for just under 2 years. There is no CCJ, court order or other legal action in place. I was keen to agree a repayment plan and adhere to it. The current debt is about 6k.

To date, the above has been without problems. I fill in the financial statement forms I am sent, and have maintained all the agreed payments without any being missed or late.

The creditor has decided that they want to take the matter to court to obtain a charge order against my property. I understand that this will also incur legal costs and a CCJ to my name. I understand that they want to secure their debt, although there is no behaviour from me that would make them nervous.

I spoke to the National Debt Helpline, who advised me that a creditor can do this any time that there are arrears on any lending (ie the orginal agreement). I know that post October 2012 a charging order can be requested with a CCJ, whereas in the past the process tended to be more staged eg. if one of the other steps had failed such as payments stopped, missed or late.

If the creditor does proceed, I asked the ND Helpline if there was anything I could do, and was advised no. I was led to believe that in the majority of cases the Courts would side with the creditor and it was not worth me trying to challenge the CCJ/CO process. They did say that the creditor cannot not force the sale or the house as long as payments were not missed.

I realise each case is different, but I always thought that keeping up with repayment plans meant most creditors would not pursue legal action. In fact, that is what their letters have always said. For me, keeping things in order meant I could keep the matter out of court. I was also under the seemingly false impression that courts would view the above dimly as there was no default, but this does not seem to be the case.

I am sure the ND Helpline have up to date information, but what do you think? I am not disputing the debt, just the planned instigation of legal proceedings.

Thank you in advance for any comments etc.

With respect to NDH all they want to do is make arrangements to pay the debt over time.

We work a little differently.

Firstly they must take you to court AND obtain a CCJ against you for the outstanding balance, this is before they can apply for a Charging Order via the court.

That said, if you go read hundreds and hundreds of "claim" threads here, you will see that getting a ccj for the claimant isnt made so easy!

If they want a ccj then we can make them work for it and very often, they give up and discontinue.

Have you received a claimform from the court yet? This is the first stage we can help you with.

or ever sent anyone you are blindly paying a CCA request?

a DCA has no more or less legal powers than you or I have

ALL they can do is go for a CCJ IF they think you owe them money

same is that's all you or I can do if WE think someone owes use money.

THEY ARE NOT BAILIFFS.

The creditor has decided that they want to take the matter to court to obtain a charge order against my property.

consider; cca request, any ppi claim/charges reclaim, any irresponsible lending issues,...

if a claim comes, defend it...

Who is the original Creditor

when did you take the credit out

what type of credit

have you a claimform or is it just a threat-o-gram

cause they like to keep cash cows on their toes so they don't hoof it from their milking parlour

Hi, did the creditor agree in writing to the arrangement you have been maintaining ?

Can you provide proof of maintaining the agreed payments?

I cannot see why a judge would agree to their application for a CO. Sometimes the debt chasers threaten CCJ/CO in order to make you offer to pay more so they get the debt settled quicker - they also suspect the debtor won't be able to keep up higher payments so they can then go crying to court .

You must most definitely defend any action from the creditor - we will help you.

Thank you so much for your advice and suggestions.

I was thinking I should challenge it if it happened,

but I am grateful for your help/suggestion that a CCJ is not a forgone conclusion as the ND Helpline suggested/implied.

To answer some of your questions:

The original lending was a personal loan with S*insburys.

I did not take out any PPI with the loan, and I do not beleive any was hidden that I can claim back.

From what has been suggested, perhaps I should claim anyway in view of what is happening, and do it today.

The creditor is using a solicitor, who I have been in contact with over the last 2 years.

The debt was owed by me, and they did produce the signed CCA when origianlly asked.

The debt was only just over a year old, so I decided to take the route of arranging to pay with instalments, in the hope that I could avoid a CCJ and/or Charge order.

They have accepted the repayment in writing and I have kept all correspondence.

I believe the crux of the matter is that because this will not be paid off in, say, a year or two, they want to 'secure' it.

They have acknowledged in writing that I have maintained the repayment agreements.

I have the statements from the creditor showing all payments and the increase in payments I have made in the time they have owned the debt, which I believe is a positive.

I am not trying to get out of paying the debt

- I just want to try and prevent a CCJ (with or without a CO).

I have not had the claim form from the court yet.

OK, that's good news that you have their acceptance of payment arrangement in writing and acknowledgement that you have maintained payments. I think you should write back to them stating that you are surprised that they are threatening to apply to the court to secure the debt as you have proved by maintaining payments that you are committed to clearing the debt and cannot see that anything has changed to make them wish to take further action. You should also state that should they proceed with legal action you intend to vigorously defend and trust that the court will agree their action is unnecessary.

If you need help with a letter please let me know . Make sure any letter you send is by recorded delivery (or special delivery), so they have to sign for it - keep a copy of the letter and then check on the royalmail website a few days after posting to print off the signature receipt (the tracking number will be on the post office postal receipt which you need to keep safe until you have proof they signed). Keep the signature receipt with the copy of the letter in case you need it in any court defence.

whos the owner[creditor] now

and whos the solicitors..

i'm reading that have Sainsbury's sold this on?

this was only a £6k loan or 6k left - what was the org sum loaned

Who is the creditor. If its cabot, link, lowells etc then yoU NEED to check as it is very unlikely the debt is enforceable.

In the face of a claim which is trying to seek a charge on a property in respect of a well maintained and up-to-date repayment plan, I would generally suggest using estoppel as a defence or at least one of the strands of my defence.

Its just a threat-o-gram to make the OP panic

Did its job

Thank you for your replies. I have let them know I will defend any court action. Presently in that waiting period, but ready...

send everyone one of the people you are blindly paying on these debts including this one

a CCA request.

make them prove they legally hold the required paperwork to demand anything from you.