Robinson Way

[Bulbie]

So these guys have called me regarding my debt with HBOS. I explained to them that I've talked to my bank on many occasions about my debt and that I can't make any payments right now as I have no income. Still, they call. A couple of weeks ago the bank were going to take me to court now I'm back in the hands of a debt collector?

 

Who has the debt, my bank or a DCA? Am I going to court or not? I'm disabled, and the DWP are messing me around with my benefits, I haven't had an income for nearly a year as a result, which has caused the debts in the first place.

[maroondevo52]

Hi,

 

What was the debt ?

[Bulbie]

For £501, only accrued after my benefits were stopped.

[maroondevo52]

What sort of Account was it ?

[Bulbie]

Initially a standard current account, then increased to an ultimate Reward current account when the bank made changes and it was working out cheaper for me to switch, has since (I have been told) knocked back down to a standard current account.

[maroondevo52]

Hi,

 

I've moved this thread to the Debt Collectors Forum.

[Bulbie]

ok cheers

[Tingy]

Have you received a Notice of Assignment? If not, then you have to assume it is still with the OC. I would be inclined to write to your bank saying the uncertainty is making you distressed, state that you are disabled and ask them to give you a clear explanation about the debt. Make sure you say you have not received any NOA if this is the case.

[Bulbie]

What is a Notice of Assignment?

[Tingy]

Sorry - it is basically a letter telling you that the debt has been passed (or assigned) from A to B (HBOS to DCA). Legally they have to send you one of these for the DCA to be able to collect on the debt. You would not forget if you had had it.

[Bulbie]

I've had letters from debt collectors but I don't think I've had a letter specifically saying I've been passed over.

[Tingy]

That would be normal. Debt Collection Agencies (DCA's) are not known for following the letter of the law. I would still write the letter I mentioned above, and definitely point out the lack of any NOA.

[Bulbie]

Is there any point of doing this whilst I have no income?

[Tingy]

Given that the point of your first post was to ask who has the debt, I would have thought a letter asking the bank this question would give you your answer, or has your original post changed direction now?

[Bulbie]

No same direction...

[Tingy]

In which case, if you want an answer to your first post I'd send the letter.

[Bulbie]

And I will, but why do you keep saying if I want an answer?

[Tingy]

Nothing personal - only because in post 13 you asked if there was any point in sending it as you have no income. Whether you have income or not is irrelevant to who has the debt, so there is a point.

 

Crossed wires over wording somewhere I think, honestly nothing personal intended. It happens quite a lot on this site.

[Bulbie]

No offence taken, thanks for the help. I'll be back...