Sale of debt and consequences

[taureantom]

Thanks folks,

Still waiting for CCA.

5% eh! That's the same percentage chance of having a cancer op. or a heart op. or a prostate op.

I've had all three!

[scouseusa]

This was quoted from what document?

32.2.4. Assignment of debts

 

Assignment is a process whereby debts are sold on to another organisation, and is common practice within the industry.

 

For an assignment of a debt to be legally effective, it is necessary to assign both the rights and the responsibilities of the creditor under the agreement.

 

Partial assignment which, in effect, assigns the right to enforce but not the associated responsibilities will be invalid and will preclude the assignee from enforcing the debt.

[tifo]

For an assignment of a debt to be legally effective, it is necessary to assign both the rights and the responsibilities of the creditor under the agreement.

 

Partial assignment which, in effect, assigns the right to enforce but not the associated responsibilities will be invalid and will preclude the assignee from enforcing the debt.

 

Any more info on this?

[taureantom]

An update ...

It is many moons since I applied to Lowells for a copy of the CCA which they politely acknowledged.

There has since been no action that I am aware of.

Would an avaricious company do nothing if there was an avenue of pursuit available to them?

Not really!

Thank you Consumer Forum.

[tifo]

There has since been no action that I am aware of.

 

You'll be lucky. Lowell don't seem to give up that easily.

 

They've not sent me a single document after my CCA (8 months ago) and CPR (3 months ago) request and yet they're bankrupting me (or petitioning to)!

 

The bank sold this account when i claimed charges, and put my claim on hold re test case, so Lowell are well aware of what and how much i'm disputing.

[taureantom]

Dear tifo.

Thanks for your contribution.

Fortunately for me the debt is so small as to not justify the expenditure of much time or money on their part and especially as they have no legal right to charge.

My defence is not one of 'trying to get away with it', but that of being subject to a betrayal by Barclaycard which submitted me to harrassing treatment by Lowells. Their legal redress, as they own the debt, is through Barclays and not me.

On the other hand, should they have knowingly purchased ownership of the debt without legal right to collect ...!

There are laws governing harrassment in respect to the collection of debt and any undue pressure exerted in pursuit of an illegal claim can constitute a legal offence. I am investigating this line of research with a solicitor friend, I would urge you to do the same.

[tifo]

Fortunately for me the debt is so small as to not justify the expenditure of much time or money on their part.

 

They're chasing me for under £200 and must have spent hours and hours on corresponding with me (director level) yet they are still chasing despite no CCA compliance in over 15 months! They closed the account last year and then re-opened it.

 

I've just had the bank send me a cheque for just under £200 of charges on this account. Luckily they agreed to pay me rather than the DCA which they stated at first they would.

 

That means the debt Lowell are chasing consists of 105% in charges, i.e. charges are more than what they're asking!

 

I'm just waiting for them to give up cos they have no case at all.

 

I've made sure i let them know there's a counterclaim from me for harassment and libel (default) in case they take it to court, plus costs for my time etc, which is just under £5k in total.