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Re: Assignment of debts to DCA's


InKogneeToh
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Hi all

 

Whilst trying to get off to sleep last night (y'know how it is!) I started thinking about the debt assignment issue. I don't know if this has already been discussed in the forum as there are sooo many threads but here's my opinion for what it's worth -

 

Many DCA's tell our members that they have bought a debt from a creditor. The question is, have they bought JUST the debt or have they bought the credit agreement also. If the former, my opinion is that they are not entitled to take any enforcement action e.g. default issue, or sue for repayment as they are not the creditor and do not have the rights conferred by the CCA 1974/2006.

 

If they have bought the entire agreement, surely they should have received a copy of it as part of the formal assignment and therefore could quite easily send a copy to any one of us who has requested it!!

 

The fact that so many DCA's appear to have to contact the original creditor for a copy of the agreement leads me to think that in those particular cases they have bought only the debt and therefore do not have a contract with the debtor that they could legally enforce anyway! Plus most DCA's seem to be avoiding complying with deed of assignment requests - surely a deed of assignment is a necessary part of buying an entire consumer credit agreement because it would confer the rights under the CCA to the new owner and if they have these rights why aren't they proving it by sending copies of the legal document to us??

 

What's your opinion?

 

Regards, Pam

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