can a debt collection agency sell a debt whilst under dispute?

[Carol16500]

Hi - I'm reposting this thread as I wondered if anyone had any answers for me yet.

 

My debt was sold by Blair Oliver Scott, without informing me even though I was making regular payments, to a debt collection agency in France, where I live. As recommended I wrote to the new collection agency requesting my CCA on 19 February 2009 and again on 2 May 2009. I heard nothing. Then on 22 September 2009 I received a letter from a new debt collection agency who had obviously bought my debt, even though the debt was still in dispute because I hadn't received the CCA. I wrote to the second company on 24 September advising them that the first company had failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement and also reminding them that a creditor is not permitted to take ANY Action against an account whilst it remains in dispute, including selling the debt. I heard nothing until I received a letter dated 13 January 2010, along with a true copy of the CCA, from the second company giving me 4 days to pay the outstanding amount plus charges they have put on for fees, interest and penalties.

 

Any suggestions as to what I should do now? The debt was sold while in dispute but the new company has the original CCA. What is my position?

 

I would be grateful for any suggestions.

Debt collection library Follow this link to our debt collection library.

This library contains templates and advice for dealing with debt collectors who act oppressively or unfairly.

This library is work in progress and will be built up over the next few weeks.

17.03.09

[comebackjimmy]

subbing

[UnitedFront]

If an account enters a default situation owing to the failure of a company to supply a copy of the agreement, unfortunately this default only lasts until such a time that they can supply a copy of the agreement. Once they have supplied such a copy, the account once again becomes enforceable (so long as it conforms to the statutory standards).

 

There is much debate regarding what does and does not count as enforcement. My personal view is that selling the debt would be unlikely to constitute enforcement in the eyes of the court (but this is my view and I may be wrong).

 

Is there any chance you could scan in and post up the "agreement" they have sent you (removing all personal information) so that members can assess whether it may or may not be enforceable?

 

Cheers.

UF

__________________

I am a first year law student; I am NOT an expert in law. All of my posts are just my opinion. I cannot be held responsible for any outcome whatsoever resulting from any person following the opinions or information contained within my posts. If you are in doubt, always seek professional legal advice from a qualified lawyer.

Edited January 20, 2010 by UnitedFront

[Carol16500]

Hi - first five pages of agreement attached.

doc2.doc

doc3.doc

doc4.doc

doc5.doc

doc6.doc

[UnitedFront]

Hi, thanks for posting them up. When did you take the account out?

[Carol16500]

December 2006

[UnitedFront]

OK well that looks to me that it has everything it needs to have to be enforceable.... but other members will be along shortly and may take a differring view.

 

Did you receive any default notices etc on this account? I am not too versed in this particular area, but I understand that an incorrectly formed default notice can render large parts of the debt unenforceable owing to unlawful rescission of contract - effectively meaning you can only be liable for the arrears up to the date of the default.

 

Again, other members with more knowledge about all of this will be along shortly to offer further advice.

 

In the mean time sit tight and await further responses.

 

Cheers.

UF