If you get a letter saying that Big Bank has sold your debt to Snake & Weasel Debt Collectors you may be very worried.
This article answers questions about what has happened and how it will affect you. Will the debt collection agency (DCA) be horrible to deal with? Is it legal to do this? Do you still have to pay the money? What about your credit record? What if you don’t owe the money/
Has your debt really been sold?
Sometimes a lender will appoint a debt collector to try to collect the money for them. This isn’t a “sale” – you still owe the money to the original lender and none of the rest of this article is relevant.
If you aren’t sure what has happened, the best thing is to contact the original creditor and ask them if your debt has been sold or not. If you are worried and don’t want to talk to the creditor, phone National Debtline for advice about the letter.
Is this legal? Why wasn’t I asked?
When you borrowed the money or opened the account you agreed to the terms. In the small print have been a clause that said that the lender can “assign his rights” to a third-party. This is often described as a “sale”.
When a sale happens, everything about your debt – all the terms and conditions – remains the same, except that you now owe the money to the debt collector who has bought the debt, not the original creditor.
You won’t be asked to agree to the sale and you can’t object or stop the sale. You agree to the original terms which included a clause that permits this.
(There is one exception here. If your lender subscribes to the Standards of Lending Practice and if they had previously been shown evidence that you have mental health problems, your debt should not have been sold. Go to your local Citizens Advice if you would like help with this situation.)
Your debt can be sold if you are in debt management or you have an arrangement to pay. It may not feel fair if the lender accepted your monthly offer and you are making the payments as agreed, but legally the lender can still sell the debt.
How much was my debt sold for?
That will depend on the state of your account. A debt where you have paid token payments or nothing for a long while may have been sold for very little, just a penny or two in the pound. If you are making regular payments then it will have been sold for more.
You won’t be told what your account was sold for. The sale is a commercial agreement between the seller and the buyer. This may seem annoying, non-transparent or unethical, but the debt collector and the original lender are not doing anything wrong by not telling you the sale price.
The price the debt collector paid for your debt is irrelevant to you. It doesn’t affect the amount that you now owe – you still owe the full amount but now to the debt collector.
So the lender has been paid – why do I owe anything?
The original lender has had the debt settled by the DCA. But you now owe the money to the DCA instead.
Think of this example. You borrow £200 from your sister for some car repairs, agreeing to pay her back £50 a month. But she suddenly needs all the money immediately, so your dad gives your sister the £200 and you repay your dad instead. Same debt, same repayments. You borrowed from your sister but now you don’t owe her anything but you do need to repay your dad.
This is pretty much what has happened with your debt being sold. Your debt stays exactly the same, you just owe it to a different person.
(NB The above example isn’t an attempt to explain the legal contractual obligations – it is an analogy illustrating why you now have to repay someone else. See “Is this legal? Why wasn’t I asked?” above, for the legal points.)
I want to carry on paying the original lender
You can’t do this. You don’t owe any money to the original lender anymore.
Will the debt collector be difficult?
You may find that debt collectors are as easy to deal with as the original lender. Indeed they may be more likely to freeze interest or accept a full and final settlement offer!
If you had a payment arrangement with the original lender, for example in a debt management plan, you just need to offer the same amount to the debt collector.
There are regulations to make sure that debt collectors behave fairly – all DCAs handling credit card and loan debts have to be regulated by the Financial Conduct Authority and if you have problems with one, the Financial Ombudsman will look at your complaint.
Unless you ignore the debt collector, it’s unlikely that you will get phone calls at work.
Of course debt collectors don’t always get things right. One firm that has had a long record of handling debts badly is MotorMile Finance, who in 2018 changed their name to Lantern. In November 2016, the FCA made them write off a lot of loans and refund other people.
I now have two defaults on my credit file
Debts are usually already defaulted before they are sold. When it is sold the original creditor will mark the debt as settled with a zero balance owing and the debt collector will add the debt with the same default date that the original creditor used.
So now there are now two debts on your credit record. But the total of all your debts is right – the debt isn’t being double counted because one of these says that there is zero owing. And when your credit rating is calculated, the original debt is ignored, so your credit score will not get worse because you now seem to have two defaults.
If the debt collector adds a default date which is later than the original creditor, this is wrong. What should the Default Date for a debt be? explains how you can get it changed.
Can the debt collector take me to court?
Yes. The debt collector now has all the rights that the original lender had and this includes applying for a County Court Judgment (CCJ).
You don’t have to worry that this is going to happen straight away. The debt collector would rather reach an agreement with you for monthly payments and not have the cost and bother of going to court. But in 2017 there were 100,000 CCJs a month in January-March and it seems that debt collectors are going to court more often.
Will it reset the 6 year period for becoming statute-barred?
No.
If the debt isn’t yet statute barred, then the sale doesn’t make the 6 year period reset back to the beginning. But read Statute Barred Debt – Common Questions because statute barring is complicated by a recent court ruling.
A debt that is already statute-barred will continue to be so after the sale.
The letter doesn’t say what the debt is!
If you get a letter that might be about a debt but it doesn’t give any details at all, it is just asking you to call them, then this is a “fishing expedition”. They don’t really know who the debt belongs to and they are hoping someone will give them their details (date of birth, previous addresses) that will match. You can usually ignore these vague letters – see Prime Location Services – do I have to call them? for an example.
I don’t owe this money
If the letter mentions a debt which you do not owe – perhaps because you never borrowed from that lender or because you have already repaid it – then don’t ignore the letters but reply telling the debt collector to prove it.
I am in a DMP what do I need to do?
If you have a debt management plan run by a company, tell the DMP company. They will switch your monthly payment to go to the debt collector.
If you are running your own DMP, you need to cancel any standing order paying the original lender, offer to pay the same amount to the DCA and ask for their payment details. They may ask you to provide a new Statement of Affairs.
If you have been ignoring this debt, this is a good point to review your whole situation and your possible debt solutions.
A simple overview of your debt options
Threats of court – are debt collectors bluffing?
How to get a payday loan refund!
susan says
Hi
Have just received a call from GE Money to advise that the information i received concerning a default was incorrect(same details were given to me by 3 members of staff) ie DEFAULT NOTICES ISSUED AND NO DEFAULT WAS EVER ISSUED? I find this strange as l was on the understanding when 3 payments were late a default is issued ,so ge money were reporting on my credit account from 2011 late payments x 6mths they sold the account to Arrow Global in 2016 who have continued to report this same information
is this against the law
Sara (Debt Camel) says
Well it’s not against the law but you could reply saying it is against the ICO guidelines and so ask them to add a default back then, or you will send your complaint to the Financial Ombudsman. make sure they are treating this as a complaint and say you want a reply in writing to you.
Susan says
I spoke to GE MONEY they advised there must have been a valid reason as to why they did not default our account , they also advised it was continusly behind with payment therefore I will write to them requesting a valid reason and lodge a complaint
Sara (Debt Camel) says
“We did this so we are sure we must have had a good reason” oh well, send them a formal complaint and ask them to add a default date. Also point out you feel their customer service has been very poor as you have been told three times that GE had added a default, so either their systems are so poor that customer service can’t see what had happened, or they didn’t bother to check the details at all.
Tracey Dixon says
Hello.
Some advice needed please. I’ve been contacted by Lowell’s. I’ve contacted them and the debt is from British Gas from a flat I own. I have never lived in the flat as it’s always been rented. The outstanding bill is for £522.19 for gas/electric. I’ve contacted the letting agent as this flat has been fully managed by them for the past 12 years. The bill covers a time when the flat was empty. It is from 14th Nov-15th Dec 16. It appears that the letting agent has given British Gas my name, but the bill was sent to the rented flat. I’ve never received a bill. Firstly a bill for £522.19 for a month for gas/electric is ridiculous. An empty flat would at most use £20. Secondly it could well be that the letting agents have given the wrong meter readings. I have asked for the bills to be sent to me, through the debt agency, and I’ve also asked the letting agent for the meter readings. Is there anything else I can do? I do think that the letting agent is at fault as to put a bill in my name and not tell me is stupid and the outstanding amount is just ridiculous. The debt agency have asked me to make them an offer to settle, but i want to explore all my options first. Thank you.
Sara (Debt Camel) says
Pointing out that a bill of that size for an unoccupied flat is highly unlikely seems the best approach. I suggest you tell the letting agent to resolve this as the meter readings cannot be right.
Zoe says
Hi Sara,
Sorry another query. In 2015 I got myself in a total mess financially. As a result of this I missed payments to my O2 account and a £200 bill for the remainder of my account was sent to Moorcroft.
I paid £25 a month for 8 months and cancelled the direct debit. About 2 months later I revived a letter saying £50 was still owed. This had never been included on any other monthly statement. I therefore refused to pay. They sent the O/S debt back to O2 who confirmed the debt had been paid in full and no further action was needed as I thought.
I have recently noticed however moorcroft defaulted me for £25 in 2016. On querying they advised it was their fee that was never paid by me.
Can they do this? I was already defaulted by O2 and this was just some random amount they’ve added on the end of the payments. Im happy to pay off the £25 if it gets rid of the default but surely they can’t do this?
Sara (Debt Camel) says
From what you have said, this sounds as though you should not have to pay this £25. I suggest you send Moorcroft a complaint setting out what happened and asking why you have never been contacted about the alleged £25 when O2 confirmed you didn’t owe any money. Ask them to remove the default. If you were never advised of the debt it is unreasonable to add it to your credit record.
I will move this thread to https://debtcamel.co.uk/get-rid-of-a-default/ in a few days as it seems more relevant.
Zoe says
Thank as always
Jim says
Hi Sara – hope you can help with this one. Im in a DMP and currently in the process of trying to seek interest refunds on pay day loans with a number of companies. The majority of my DMP is with for a loan taken out with Barclays circa 2010. There is a default on that account and the debt does not show up on my credit report. I believe the debt for the loan has been sold to PRA group – and payments are being made to them through my DMP each month.
So my question is – If I ask PRA for a CCA request what are my options? If they can produce it does that mean the debt is enforceable even though it was defaulted years ago? Of if they cant produce it do I just stop making payments full stop – or ask for a settlement fee?
DMP if for 9.2k in total – Debt with PRA is approx 8.5k of this.
And if the debt does not show on my credit report – will making a settlement payment show up at all?
Hope that makes sense
Sara (Debt Camel) says
“If they can produce it does that mean the debt is enforceable even though it was defaulted years ago? ” yes – this debt will never become statute barred because you are making payments to it. the fact it defaulted over 6 years ago and doesn’t show on your credit record is not relevant.
” Of if they cant produce it do I just stop making payments full stop – or ask for a settlement fee?” That’s up to you. You can just stop – there is a risk the CCA may later be found but you may think this is tiny! Or you could offer a very low amount to settle it.
“if the debt does not show on my credit report – will making a settlement payment show up at all?” no, it will never reappear.
If you ask for the CCA agreement, can you come back and say if this is successful? Other people will be very interested!
Jim says
Thanks Sara – yes I will ask for the CCA and report back.
Many thanks
Laura says
Hi,
I’ve had a letter today to say that PRA Group are now the legal owners of my NatWest loan (debt) which has also been managed by Wescot for 18 months. Can I find out if NatWest sold this debt and for how much? Can I send a full and final settlement offer?
Laura
Sara (Debt Camel) says
NatWest have sold the debt – they will confirm that if you ask. But they won’t tell you how much for – you have no right to know that.
You can send a F&F offer if you want – how long ago was the account opened, how long ago did you default and are you paying anything to the debt at the moment?
jason nichols says
Hi All
I’m sure this has probably been asked before so apologies if it has. I owe money to Tesco CC and the debt was sold to Cabot. I submitted a claim for mis-selling PPI and eventually they have provided a figure for refund under the Pleven rule, however they have suggested that the refund will go directly to Cabot. Can they do this?
Sara (Debt Camel) says
Yes, this is what normally happens.
Ian says
Hi,
I have been in a DMP since 2013 with 12 creditors, some defaulted me early on and these are already dropping off my file. I have one account that I’m unsure what to do about, it was originally a creation credit card that was sold to Lowell in 2017, it was never defaulted. It is showing on credit file as upto date with a balance of £2000 but a credit limit of £0, this lowers my credit score as my balance/ credit limit ratio is really bad!
When starting the dmp creation agreed a reduced payment and dropped the interest so that when I paid £16 they still charged £15 interest. Every few months the agreements would expire and I would reduce what I was paying as my situation got worse, each time they still charged interest so that I was only reducing the balance by less than £1 per month. Between January 2013 and when it was sold to Lowell in 2017 I paid over £300 but my balance only reduced by £4 as Interest charges were being added along with some other charges.
My question is should I ask for a backdated default to be added? ICO guidelines at the time say when 3 to 6 months in arrears a default should be added but, the statements I was receiving didn’t explicitly say I was in arrears. Does not keeping to the original terms count as being in arrears? Also I think the ICO didn’t see temporary arrangements as a long term solution so should they have defaulted me because my situation wasn’t improving after years of payment arrangements?
Sara (Debt Camel) says
Yes you should ask Creation to add a backdated default. Also I think you should complain about the way they kept adding interest – see https://debtcamel.co.uk/creditor-wont-freeze-interest/. I would send these as a combined complaint but make it clear that you are are complaining about 2 things and what you want them to do to settle each. Send the complaint to the Financial Ombudsman if they refuse.
Debbie says
Hi
I’m currently on a DMP which has been running since June 2016. All of my creditors bar one have defaulted my accounts and backdated these which is what I want as I plan on remortgaging in a few years.
The debt that hasn’t was with NewDay but was sold to Link Financial. This was sold to them in August 2017.
On 30.01.19 I put in a DSAR with aqua asking for information about when the account fell into arrears and if the account was defaulted to which I’ve never had a response.
I spoke with Aqua on 25.01.2019 and was informed the account defaulted on July 2019 and they would send me confirmation of this. Again this wasn’t sent and they confirmed it wasn’t.
I have spoken to Aqua today and was categorically told the debt has been sold so should have defaulted. The advisor called the purchasing team at link who advised there were a number of accounts were sold to them but Aqua had made a business decision to not default the accounts.
So now I’m stuck between a rock and a hard place as Aqua no longer own the account so wont default it but I understand the default needs to be the original creditor.
I really don’t know what to do moving forward as the debt is showing on my credit file with link as payments up to date and if the default is not backdated, will appear when I look to remortgage in the future.
Do you have any advice on where to go from here?
Thank you.
Sara (Debt Camel) says
Put in a formal complaint to Aqua, saying they are treating you unfairly by not adding a default and say you will take the complaint to the Financial ombudsman if they do not add a default. Also complain that you have been misinformed twice by their customer services team who told you that it was defaulted. See https://debtcamel.co.uk/debt-default-date/.
Debbie says
Thank you. I’ll do this first thing tomorrow and get the ball rolling.
Sam says
Hi I went on a debt plan with Harrington brooks end of 2015 with 3 debts. I started missing payments as I was jobless and in an abusive relationship. I then had my debt sold on. Luckily my interest froze with all 3 and I continue to pay minimum. The only thing is am fed up and wondering shall I pay them all off by want a decent settlement payment without it staying on record. I pay £5 towards £350 payment. £23 for about £600 and £59 toward a £300. These are what’s left. In a better situation now but really want to start being financially stable now.
Sara (Debt Camel) says
Have all three debts defaulted on your credit record?
Steve says
Hi there,
A similar question to one above, but I’m just seeking clarification.
I have just been awarded some PPI compensation, by RBS for missold PPI on a loan. It was front loaded PPI added to the interest rate with Pre ticked boxes. So that was straightforward. I’ve been told to expect payment by the 22 April, but to be aware that the payment might be affected if I have been made insolvent, or have debts with the RBS group.
I did have debts with the RBS group until quite recently, however they have sold my accounts to the PRA group and have told me I no longer owe them any money and that I now need to deal with the PRA group.
Can RBS now legally pay the compensation money to the PRA group instead of me? Would this be written in the deeds of assignment? I can’t see how that would be legal, as I no longer owe the RBS anything?
To my mind it would be like the bank seeing I owe British Gas money and then paying that bill off in favour of returning the money to me.
Thanks in anticipation.
Sara (Debt Camel) says
I can’t say what will definitely happen. But in this sort of situation it is common for the refund to be used to reduce your outstanding balance on the debt with the debt collector. The legal “right of set off” still applies when a debt has been sold.
Jackie says
Hi, I pay to a debt collector for a loan I had with natwest (RBS GROUP) and I have just claimed for PPI, they said exactly what you were told, I thought I wouldn’t receive the compensation and was surprised when the fu amount was deposited into my bank. So, fingers crossed, you should receive your compensation too
Jane says
Steve did you get the PPI back from RBS or was it set off against a balance owed?
Debtperson says
Hi Sara Re July 3, 2018 at 10:30 pm comment
Sent letter requesting CCA from Capquest but no response. All went quiet except for a few phone calls-not answered. Then a few more letters increasingly threatening. On 30-3.19 letter from Capquest saying basically they think my financial circumstances will allow me to pay considerably shorter period… “should we not hear from you by 9/4/19 we will pass your account to one of our solicitors to consider commencement of legal action”. Should I resend the CCA request. Foolishly, I rushed off the previous one without getting it signed for. Debt £24k.- no longer on credit reference.
worried sick about this one.
Cabot same day offering 70% off Lloyds overdraft ~£14k and CC ~£3k =~£5.5k which my brother might help with. They are offering 30 days to decide and say partial settlement (obviously won’t go on my credit record but record is irrelevant) and account marked as nil. Can they then sell rest of debt on?
Sara (Debt Camel) says
Did you enclose a cheque for £1 when asking for the CCA agreement? If it was cashed, that is a good sign they got your letter…
Otherwise I suggest you send a new request and send it recorded delivery. Use the suggested format in here https://debtcamel.co.uk/ask-cca-agreement-for-debt/. Do not deviate from the template and do not complicate your request by adding anything else eg about data protection.
The Cabot CC you could also ask for a CCA?
They shouldn’t sell on a debt after a F&F but it’s best to get this in writing, see https://debtcamel.co.uk/debt-options/less-common/full-final/.
Really it would have been better to have followed up the CCA request with Capquest earlier. if they can produce the CCA agreement, you may regret offering Cabot 5.5k. You may want to go slow on the Cabot offer until you know more about the Capquest situation.
Debtperson says
Thanks, Sara
Yes, it did go with a PO but I can’t find the slip; I will send again. Cabot have been fair to deal with; they have given adequate time although it is mostly not CC debt.
Karen Rogers says
Sent CCA request today to Capquest.
As Cabot debt is 80% overdraft did not send CCA request to them. If Cap quest offered 30% settlement I would go for it.
Karen Rogers says
Sent the CCA request as soon as I got the letter and used registered post. They haven’t acknowledged but have sent a letter dated a week later saying as I hadn’t been in touch their solicitor would be contacting me shortly.
Should I be doing anything, urgently?
Karen Rogers says
Letter received back today from Capquest. They say they don’t accept they are the creditor envisaged by the CCA 1974 statute but they are willing to assist in obtaining such. They say they will now process the request of docs from the credit or and will revert in due course.
They say they are suspending collection activity pending provision of the docs.
They also are trying it on again by saying they have returned my £1 (not enclosed) and if it’s not received to contact them.
Should I just now wait? Sounds like they don’t want to accept the request legally.
Am I digging a hole, Sara?
Sara (Debt Camel) says
“They say they don’t accept they are the creditor envisaged by the CCA 1974 statute” this is nonsense – ignore it.
“They say they are suspending collection activity pending provision of the docs.” good
“They also are trying it on again by saying they have returned my £1 (not enclosed) and if it’s not received to contact them.” lots of creditors do now return the £1, but because you provided it you have made a valid request for a CCA and they can’t get out of it by not taking the money.
Yes, just wait. This all sounds perfectly normal.
Karen Rogers says
Many thanks, Sara, for your advice and support. I hope I’m not the unlucky one they can find paperwork for.
LISA TROQUET says
My now ex husband while divorcing me managed to add a bill for a credit card that was in his sole name. I had used a card issued in my name 2 weeks after he left me as I had returned from my mother’s funeral to find he had emptied the garage snd cellar of fine , some were to be presents for grandchildren, catering equipment that had been purchased during our 30 year marriage, our car which I had paid £6,000 for the year before. He would not return the few items I asked him to return nor would he sell the goods and car so we could have half. I gave him further goods and went shopping using my card.
He obviously spun a yarn ( I was recovering from a heart attack and absent from. court) but he was good at saying our when things were bought by me and mine when they were bought by him. So in his mind he say the credit. card as « ours » even though it was very much His.
He is now chasing me for the debt which he was awarded in arrears with 8% interest which was very nasty to begin with and is now serving the debt to my Mothers address because he also managed to evict me and I’m forced to live here and normally he can’t get her estate. This way he can. How can I fight a debt that is his as the credit card is his and he has goods for that amount and more otherwise I would never have done this. He sais I was to get a car from the mobility people or just use my electric wheelchair while he and my ex best friend had 2 de luxe cars
Many Thanks
Sara (Debt Camel) says
It sounds as though he went to court and you now have a CCJ? I suggest you talk to National Debtline on 0808 808 4000 about your options.
Jane says
I have been awarded a PPI payout by RBS but am on a DMP. The NATWEST/RBS accounts are now with other creditors – will I receive the money or will it go to these creditors?
Sara (Debt Camel) says
Sometime it will go to you. Sometimes it will be used to reduce/clear the accounts with debt collectors.
Alison says
I have 3 credit accounts which I defaulted on a few years back. I’m now making payments on these due to receiving calls and letters. Just wondering, why pay it if the defaults going to stay for another 4/5 years?
Sara (Debt Camel) says
Because otherwise you may get CCJs that would be there for a further 6 years and then have to deal with bailiffs or other methods of enforcement?
If you feel you can’t repay the debts in a reasonable time, talk to a debt adviser about your options: https://debtcamel.co.uk/more-information/where-to-get-help/
Simon brock says
Hi I wonder if you can advise.
I had an old payday loan back in 2015 and stopped paying because of a change in circumstances. They have kept marking it as late payment until march this year when they sold it to a third party who have today issued a default notice demanding payment in full TODAY or the default will be registered.
Am I right in saying a debt shouldn’t be sold unless defaulted and also a default should be registered after no more than 6 missed payments?
Also the default notice should give me at least 14 days to rectify it before actually issuing a default against me?
Sara (Debt Camel) says
“Am I right in saying a debt shouldn’t be sold unless defaulted” No – they normally are but they don’t have to be.
“and also a default should be registered after no more than 6 missed payments?” Yes – you can ask the original lender to add a default back in 2015. https://debtcamel.co.uk/debt-default-date/ explains how to do this.
“Also the default notice should give me at least 14 days to rectify it before actually issuing a default against me?” that is for a Default Notice issued under the Consumer Credit Act as a precursor to taking you to court. It has nothing to do with a default on your credit record which is a historical record of whether you made the payments on time.
BUT think about whether you have a possible affordability complaint against the payday lender, especially if you had borrowed from that lender before this last defaulted loan. See https://debtcamel.co.uk/payday-loan-refunds/. If you win this case, your balance may be reduced or wiped out and any negative marks on your credit record removed.
Sophie says
Hi,
I’m trying to get refunds on payday loans that where sold to debt collection agencies. As per your advice on the website I’ve contacted them with my complaint for unfair lending (eg opos) and they just emailed back to say they didn’t agree to the loan in the first place so they don’t have to do anything.
What’s my next step?
Sara (Debt Camel) says
All your complaints need to go to the original lender not to the debt collector. You should inform a debt collector you have made a complaint to the original lender, but settling your complaint is nothing to do with the debt collector.
EXCEPT if the original lender has gone bust. Which may be the case with the opos debt? Was this a minicredit loan? If it was, talk to the Ombudsman about what (if anything) you can do.
Sophie says
Thanks for your quick reply! Yes they have gone bust so I’ll contact the ombudsman. Fingers crossed!
Therese says
Hi,
I had a default with Voda on 2015. Unfortunately, due to unforeseen circumstance and change of address, I only knew about it last year. I kept chasing them since then but initially I cannot go through security because the number belongs to someone else. Finally, we are at the end of it as they managed to find me in their records. They said they have sold this to TDX debt collections agency? Does this mean a default? and also when will the default be registered?
I tried asking for compensation as I have chased them for almost a year but they said that they don’t own this anymore so they cant give me duiscount. Can you help me move forward please?
Sara (Debt Camel) says
Does this debt show at all on your credit records unde Voda or TDX? Check all three credit reference agencies: https://debtcamel.co.uk/best-way-to-check-credit-score/
Michelle says
Hi,
I have been contacted by yet another debt collection agency with regards to a debt that I’ve had for a number of years. This debt has been sold in now for the fourth time – each time I’ve set up a payment plan with the new company, it’s ran for 12 months or so then the debt is sold on again to a different company without notification. I do not miss payments on the plan. I have noticed that the debt is still at the original amount when it was first sold. How do I proceed? At the moment I’ve refused to set up payment with the new company until I’ve sought advice. The debt is about 15 years old.
Thanks
Sara (Debt Camel) says
Can you say what sort of debt it was originally?
Wallace says
I have a Clydesdale Bank credit card which was sold to Cabot about 5 years ago. I requested a copy of the agreement under the CCA 1974 Act but they have failed to produce it. The Cabot lawyer however is still insisting they will take it to court and obtain a decree. They say that a decree is a finding of the court and is different to enforcement. If they are successful in getting a decree it will really mess up my credit rating, any suggestions on what to do? Can they go ahead and get a decree even when they have failed to produce the agreement or do you think this may just be a threat?
Sara (Debt Camel) says
I suggest you:
– read the regulator’s rules CONC 13.1.6 https://www.handbook.fca.org.uk/handbook/CONC/13/1.html
– talk to National Debtline 0808 808 4000 about exactly what you have been told by Cabot’s lawyer
– and ask ND if they think you have grounds to send Cabot a formal written complaint.
You could also post on the Legal Beagles forum: https://www.handbook.fca.org.uk/handbook/CONC/13/1.html