Debtor Account Does The Rounds Ad Infinitum

[enterprise_seo]

Hi there,

 

I just got a letter about a very old debt account.

 

 

The original lender was Lloyds TSB, but that was so long ago I cannot remember what year it was.

 

 

the account was sold to another bank (whose name I didn't recognise on the letter),

who then sold it to Allied International Credit.

 

 

I sent off £10 by way of CCA to AIC and received nothing in return.

 

 

So there is no original documentation for this debt (which will surely have been written off by now by the original lender).

 

Despite having the account now in dispute (because of no documentation),

AIC then sold it on to Apex.

(I thought it was illegal under the 1974 CCA for accounts in dispute to be sold on to other debt spivs, er ..

. I mean debt purchasing companies AKA Purchasers of Receivables.)

 

 

I went through the whole CCA process with Apex (another £10)

with the same result (no documents were found)

and then Apex sold the account to Cabot.

(But I thought it was illegal under ... etc.)

 

Cabot wrote to me last week about the account,

but then this week I had another letter from Cabot and one in the same envelope from Marlin.

 

 

It seems that Cabot sold it to Marlin within only a few days.

So now Marlin want me to cough up money for an alleged debt for which no documentation can be found.

(But I thought it was illegal under ... etc.)

 

It is possible that I will spend the rest of my life sending off CCA letters with £10 postal orders enclosed,

while this useless undocumented account does the rounds of debt spivs over and over and over....

 

Isn't there some way of stopping this insanity?

[goodatresearch]

A CCA request is £1, its £10 for a SAR.

[intend]

Ignore them

[oleg]

It has not been sold repeatedly as you claim. Only once, to Cabot group, who own Marlin. Its previous excursions were to DCAs on a "contingency" basis. No collect, no commission, hand back to Lloyds to start again.

 

Lloyds typically sell in last year or so before S B if they've given up hope.

 

No need to keep requesting CCA. But creditor's failure to supply doesn't prevent assignment. It only renders the account unenforceable unless/until complied with.

[citizenB]

It is very unlikely you will obtain any data via a SAR to a DCA. You need to send it to the Original Creditor. You should be able to find out from your credit files how old the debt is, if it is still being reported to the agencies. If it isn't (and the account was defaulted) then it could well be that it is statute barred.

[dx100uk]

bet those £10's have gone off the balance resetting the SB date...

 

 

dx

[oleg]

If £10 was sent for each CCA instead of £1 they will quite likely try to argue that each excess £9 could be construed as a payment, even if they begrudgingly concede that the single £1s were not.

 

When did you intentionally last make a payment towards the account itself? "Very old" doesn't give us much clue about its rightful status as regards S B.

[enterprise_seo]

It has not been sold repeatedly as you claim. Only once, to Cabot group, who own Marlin. Its previous excursions were to DCAs on a "contingency" basis. No collect, no commission, hand back to Lloyds to start again. .

 

So how do I know that it hasn't been sold, but rather lent on a contingency basis?

 

 

I received letters which appeared to be letters of assignment.

 

 

Should I have been made aware of the difference between assignment and contingency?

 

 

Or should letters of Assignment be specifically headed 'Letter of Assignment' or something like that to indicate exactly what it is.

[enterprise_seo]

From the above replies it seems that my best strategy is to ignore Cabot/Marlin completely. This is certainly true if my £10 payments have reset the SB clock.

 

The account predates the time at which I first drew up a strategy of dealing with my debt, which is why I can't put a specific date to it. But it does mean that it is earlier than 2003.

 

I'm surprised that the law allows unenforceable debts to be bought and sold or at least transferred in this way.

[goodatresearch]

What did your letters asking for the CCA actually say? Did they provide any data at all?

 

If your letter with the £10 stated the payment was for a copy of the CCA then they've taken advantage of you by applying the rest to towards the debt.

 

Have you still got copies of your CCA letters so we can consider them?

[Guest]

..

 

I'm surprised that the law allows unenforceable debts to be bought and sold or at least transferred in this way.

 

 

unfortunately, the courts have held that collection activities can continue despite no compliance with a cca request. it is actual court enforcement that is not allowed re no cca request compliance.

assignment can take place. sometimes why the original cred does sell it on.

if there is a dispute prior, then it continues with the new owner. any owner, original or new, though should do all to resolve any dispute/complaint.

from some threads, it seems that sometimes they do accept that they cant comply and then stop activities saying so.

would be sneaky if they take 9 from those 10's as payment towards an account.