Debt Sold to DCA after Litigation

[scottybhoy]

Was "sued" by a finance company for an outstanding debt. Counter "sued" them and came to a settlement that was agreed via litigation.

 

Have now received a letter stating that the debt has been sold to a DCA. On the letter, the outstanding balance is somewhat larger than what was agreed via the court order.

 

Payments are currently being made to the original creditors solicitors.

 

I assume, that even though the outstanding balance quoted on the new correspondence is clearly not what was agreed through the court, that the DCA has to accept the original payments?

 

I dont actually understand why, when a court writ is in place for the full payment and there is literally only months to go, that the original creditor would sell the debt.

 

It is probably just an act to try and pi** me off. They are in for a shock once it is paid in full as their is a hefty PPI claim going in!

 

Keep stirring that hornets nest!

[renegadeimp]

Was this a result of a ccj? If so then you need to check if the ccj waz transferred to the new owners name.

 

Either way you only pay what the court order stated and not a penny more. The new owner are obliged to continue the court ordered repayments providing the new owner has the correct paperwork needed to collect the debt.

[scottybhoy]

It's actually not a CCJ - it is noted as a joint minute that both parties agreed through the Court.

 

I have spoken to the new DCA and their legal representation, but as with being the new year, the relevant documentation has not been passed across by the DCA to their Solicitors and I think they basically just have call handlers in today.

 

I am a bit apprehensive about changing the payment account as this would effectively "break" my agreement and make me liable for payment of the whole amount - a technicality and any reasonable Judge/Sheriff would see through exactly what happened.

 

I am waiting on further confirmation on the amount owed, but the new acting solicitor said they would query the balance and let me know the outcome.

 

It is a bit of a case of the original DCA's being arses, as with only a few months to go, they are trying to irritate me lol! Either that, they must have just reached the end of their financial year and needed that tax relief.

 

Debt, DCA's and their wicked ways - all a big elaborate [problem]

 

I will keep you posted of developments, but my main worry is the payment not reaching the correct parties and the full rigmarole of having to get solicitors involved again!

 

What should I see in the way of proof to change the payment account? In writing from the original creditors solicitors and DCA's solicitors?

[renegadeimp]

You pay what the court ordered. Ignore the unfair charges the new dca has added.

 

Who is the new dca?

[citizenB]

If this case has been litigated and the court has provided an order advising what you should repay and at what rate, then that is all you need to do. Simply send a copy of this to the new owner. If htey wish to make any changes, then they will need to apply to the court to have themselves named as claimant in order to make any changes.

 

I do not believe they are allowed to add anything that has not been approved/ordered by teh court.

[scottybhoy]

If this case has been litigated and the court has provided an order advising what you should repay and at what rate, then that is all you need to do. Simply send a copy of this to the new owner. If htey wish to make any changes, then they will need to apply to the court to have themselves named as claimant in order to make any changes.

 

I do not believe they are allowed to add anything that has not been approved/ordered by teh court.

 

thanks folks. Have yet to find the full details, but i think it is a fly move by the original creditor to sell this debt for the full amount rather than the amount agreed through the court.

 

sneaky!