Threatened court action

[Sharps58]

A DCA that claims to be working on behalf of a bank is threatening to take me to court over an outstanding debt. Can they do this or is it only the bank (ie, the owner of the debt) that can

[BankFodder]

Why don't you tell us more. Has the debt been assigned to them - and also what is the value?

[Sharps58]

£22K. They just write and say that they are acting on behalf of the bank. Forgive me, but what is meant by "Assigned"?

[postmn]

basicallt assigned means the debt has been sold to the DCA for a fraction of the total value you would receieve a letter stating that the debt is now owned by the DCA . otherwise they are acting as a agent of the bank . i think i have that right

[unclebulgaria67]

No there are different types of assignment. Basic assignment is just an agreement between the owner of the debt and a DCA to collect the debt. The agreement may authorise the DCA to take any action they wish to gain payment including court claims, bankruptcy. Then there is absolute assignement, where the debt is sold on to the DCA and they can do as they wish, having the full rights that the original debt owner had.

 

What type of debt is this ?

 

When did you take out the credit card or loan ?

 

When did you last make any payment ?

 

Is this the only debt that you have ?

 

Do you own any assets that may be at risk ?

[westfield]

Is the letter just a generic we may do x y z or does it say letter before action or letter of claim

[Sharps58]

It is a "we may do x, y or z" letter.

[westfield]

Thanks,maybe if you answer some of the questions above you can get more advice. Have you sent off a cca request?

[unclebulgaria67]

Thanks,maybe if you answer some of the questions above you can get more advice. Have you sent off a cca request?

 

Yes need more information, so people can suggest the way forward. The trouble is for this amount of debt, is that DCA's are increasingly using bankruptcy as the way to enforce debts and you may suddenly be served with a statutory demand. Just read some of the posts on here. Some of these posters will have the same letters from DCA's, thinking they would be taken to court and then suddenly bankruptcy is being threatened.

[dx100uk]

post 5 please

 

and name names

 

dx