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Can I go straight to original creditor after years of my debt being passed between DCAs?


sheldos1
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I have a debt with HSBC for a credit card and overdraft this debt is about 5 years old and has been passed between different DCA companies. After burying my head in the sand I have decided to type up a CCA request letter for the DCA my debt is with at the moment to first see if the debt is enforceable. Someone told me to get in touch with the original creditor (HSBC) and not to deal with the DCA at all. Would this be possible or is it too long ago?

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Guest Cartaphilus

http://www.consumeractiongroup.co.uk/forum/showthread.php?280748-How-to-approach-Mackenzie-Hall-about-an-old-Debt!&p=3168204&highlight=#post3168204

 

If this is related to your thread above, then you would approach whomever has the debt now. Which DCA is it with now - Mackenzie Hall as your thread? - or another one? I see you were given advice to send a CCA request. The overdraft is another matter and you would need further advice how to deal with that.

 

However, can you give some more information? Have both debts, credit and overdraft, been lumped together in one amount anywhere?

Edited by Cartaphilus
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Yes it is with mckenzie hall. I'm not sure if they have combined the debt, as the letter I received off mckenzie Hall is the first one to my new address (I haven't given them this address I think they just did some research and found me here) just one asking if this is the correct address for me. I have a previous debt letter from a different DCA and I think they have joined the credit card and overdraft together so I'm not really sure if Mckenzie Hall have done the same.

 

Why would the overdraft be a different matter? Does that not have a CCA?

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Yes it is with mckenzie hall. I'm not sure if they have combined the debt, as the letter I received off mckenzie Hall is the first one to my new address (I haven't given them this address I think they just did some research and found me here) just one asking if this is the correct address for me. I have a previous debt letter from a different DCA and I think they have joined the credit card and overdraft together so I'm not really sure if Mckenzie Hall have done the same.

 

Why would the overdraft be a different matter? Does that not have a CCA?

 

Then if you are not sure, as you say, then I think the best thing you can do is either paste a copy of the letter, as if both debts have in fact now become one, and remove personal details or type the letter out so we can be clear on what action needs to be taken next. Though I would say that if the debts had been joined it would be clear from whichever letter you've now received eg one amountnand different account number. However, if you can provide more specific details or scan a copy of the latest letter then it will be much clearer which course of action to take.

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Guest Cartaphilus
After burying my head in the sand I have decided to type up a CCA request letter for the DCA my debt is with at the moment to first see if the debt is enforceable.

 

I have a previous debt letter from a different DCA and I think they have joined the credit card and overdraft together so I'm not really sure if Mckenzie Hall have done the same.

 

In which case it's a good idea to post what this letter actually says as per my last post. Because if they have combined both debts, which is unlawful as far as I know (I may be using the wrong wording, but I know it's against certain things from reading this forum and elsewhere ie certainly not fair) it changes what needs to be written to MH. It's also very important to be clear which way to go with this and to provide the right sort of help for your situation.

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Guest Cartaphilus

But they said the debt was about 5 years old. You deal with the DCA that has the debt now, in that case - it's MH. But until more details are forthcoming bit difficult to provide the right advice. If, as the OP has now said but aren't sure the debts have been combined ... Then a different approach would be needed to tackle MH.

 

Edited - Unless they lived in Scotland (reminded me looking at another thread just this second) then it would be five years.

Edited by Cartaphilus
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Sorry I havent replied for ages... heres my MH letter:

 

"We are attempting to contact the above named person regarding a personal matter. We have been provided your address as being the possible residential details for our subject.

 

Therefore if you are not the person named above and/or have any information regarding the persons whereabouts, then please contact our investigation team."....thats about it nothing about the amount of the debt.

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I did ask as you did mention it, if you could confirm please what you said eg debts combined which is the most important factor here.

 

Outside of the obvious, in your other thread you were asking what to write back to them .... Cca being one suggestion given. However, it's obvious from that letter it's a tracing matter ... So, the most sensible thing to do, given they can't be bothered to tell you what they want, yet more divisive and misleading letter writing aside, it seems the course now should be to ignore it until they can be bothered to write properly.

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Guest Cartaphilus

I did ask as you did mention it, if you could confirm please what you said eg debts combined which is the most important factor here.

 

Outside of the obvious, in your other thread you were asking what to write back to them .... Cca being one suggestion given. However, it's obvious from that letter it's a tracing matter ... So, the most sensible thing to do, given they can't be bothered to tell you what they want, yet more divisive and misleading letter writing aside, it seems the course now should be to ignore it until they can be bothered to write properly.

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Sorry I always post back days later- I have trouble getting to a computer with internet! The problem is the above letter trying to trace me from MHall is addressed to my mums and she knows nothing about my debts (my debts are from a previous address) as she would kill me if she found out! So I dont know whether to just give them my new address and send the CCA letter to stop any letters, red postcards or bailiffs going to my mums!

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^

Anyone... "Sorry I always post back days later- I have trouble getting to a computer with internet! The problem is the above letter trying to trace me from MHall is addressed to my mums and she knows nothing about my debts (my debts are from a previous address) as she would kill me if she found out! So I dont know whether to just give them my new address and send the CCA letter to stop any letters, red postcards or bailiffs going to my mums!"

 

Thanks in advance!

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