It is important to me, I’m trying to manage this independently whilst my husband is on the verge of a mental breakdown.I’ve followed the advise on her to get the SAR the point of which I understood to be trying to understand /find the anomaly as to why the debt was sold and whether it can be enforced. I can’t get them to agree a payment plan at present and if I know I have leverage re enforcement than I do not have to have more sleepless nights about it. May seem silly to some but doesn’t seem so silly when you are in it. Thanks T

I have made a complaint to Azzurro (who own the debt) RE Shires (appointed DCA) conduct, I have been in ongoing liaison with them however they continue to send letters threatening court and misrepresenting the situation ie. insinuating that they cannot make contact dispite our best efforts etc etc - 100% incorrect! Azzurro originally said - It's not our problem but after some push back said that if I'm not satisfied with the response from Shires they will take in back to their in house collection team - Solaris Law. Trouble is they are now both passing responsibility to one another and atm nobody is doing anything or responding so that's with the ombudsman for review. In regards to the SAR sent by original creditor (Capital on Tap), its so difficult to review as its tiny however they continued to increase his borrowing despite him beginning to experience difficulties paying the money back. I can't see if they did any additional affordability checks - I'm thinking to go back and question this? I can see on the SAR that he was part of a DPA arrangement set up on 19.10.21 which agreed a payment plan of £160 per month for 6 months. First payment was due 26.10.23, and it shows this was paid on that date however a default letter was sent on 27th , Chris called and was told this was a standard letter and could be ignored. He made a further payment as agreed on 23.11.21 (was due on 26.11.21). On 29.11.23 his debt was then sold/assigned to Azzurro who appointed Shires to recover on his behalf however this is not shown on the SAR but I do have letter of assignment. I have attached the terms and conditions of the DPA - I'm not sure if its my interpretation or whether it means the debt shouldn't have been sold and therefore cannot be enforced? would appreciate your view. Thanks sar info (cot) (2).pdf

So what would be the advice… continue to try work with shires (dca appointed by Azzurro) to continue a payment plan? or complain about the default notice been sent in error and not valid anyway? If dn is not required on unregulated debt what is the alternative - letter before action? i’m feeling that I’m missing something as it’s been pointed out by others on here why sell the debt? thanks

Thanks for your responses. I uploaded the agreement yesterday. I can’t see any ref to CCA in it. Thanks

Should the default notice even have been served as its B2B lending rather than CCA? 1000% sure there is no date on this letter. The bits blacked out at the top are the address and handwritten notes by my husband. Only one credit card was issues in the ltd company name. The personal guarantee names him as guarantor nobody else is named. Thanks

Apologies I'm not massively tech savvy thought I'd removed everything. There is no date on the letter aside from the two dates it references payments were missed

Me again, I now have a copy of the contract and personal guarantee (after waiting 16 weeks) which I have attached. I Really need some advice. Personal guarantee states that credit amount is 15K two payments were missed in August and September 2021 and a CCA default notice served (see previous post - I didn't think this was applicable to B2B lending) When the account was assigned to Azzurro it was £23,500. I have not had an account summary from Azzurro and I'm just really unsure what the options are - any suggestions. SAR has been done to original creditor COT. TIA C-K CONTRACT.pdf

Still haven’t had copy of personal guarantee but I have found some old paperwork that may be relevant I have a default notice from capital on tap in name of my husbands ltd company. It references the consumer credit act however I did not think this was relevant on b2b lending, I will post a copy - can you offer a view. Total amount owed also not detailed .thanks COT DN + dec 21 letter.pdf

I have a similar view, why sell it on, however when living with it it feels really tough. They did previously offer a full and final settlement too. He hasn't kept any paperwork, I have kept all email correspondence I have had with them and proof of payments since I began liaising with them on his behalf from January 2023. Have I shot myself in foot with entering into negotiations. All negotiations have been with Shires but now I feel silly as they do not own the debt? Am I not making things worse if I stop talking to them should I still continue the interim payments I have been making? He accepts the debt and in the long run wants it paid just can't afford to in full right now or at an extortionate monthly rate?

Are they obliged to send copies of the correspondence they have sent? I saw on another thread that COT wouldn't deal with the SAR as they'd sold debt to Azzurro Business not registered to home address however we have been receiving letters to home address, it is a limited company. Azzurro are requesting personal and business bank account statements Business still trading...just! only other debt is BBL but this is been paid via a payment plan. TIA Tanya

Hello, New hear and apprehensive so pls be kind :-). I have the same issue described, Azzurro/Shire Recoveries - old capital on tap debt business loan i guaranteed - who do I deal with? - Page 2 - PayDay loans and Short Term loans - General - Consumer Action Group my husband started a ltd company in Oct 2019 just prior to Covid, he was offered business to business credit via capital on tap and signed a personal guarantee. He defaulted on the agreement when business suffered during covid. He buried his head in the sand for several months (I wasn't even aware!!!) to add further context he has PTSD and ADHD - Very impulsive. Debt was sold by COT to azzurro associates who have then assigned it to Shire recoveries. Shire report they are acting on behalf of Azzurro I assume they do not own the debt. Debt is 20K for the last year we have made payments of £160 p/m. This is reviewed every three months. They have said their client will no longer accept these amounts. Unhelpfully husband has never kept any correspondence I have requested the original agreement, I;m still waiting. I am unclear on my rights with B2B lending