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.
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 has 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. A debt will become statute-barred six years after you last acknowledged the debt e.g. by making a payment towards it. If you haven’t made any payments for the last two years say, then a sale to a debt collector makes no difference and there are still four years left before it becomes statute barred.
A debt that is old and already statute-barred will continue to be so after the sale. Read Statute Barred Debt – Common Questions – that article has a template letter you could use in this situation.
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?
Could you get a payday loan refund?
lola says
my issue is an old pay day loan with quick quid. They did not default me at the time and i now have 4 months to go before being SB. BUT they sold the debt to MMF three weeks ago and MMF are now threatening to default – which would just ruin everything
The original loan for £125 was taken out in 2010 and i repeatedly rolled every month over for 2 years until i reached the ridiculous amount of £1700 – at the time of the original loan i was in an utter mess, 8 defaults on my file, i was in a DMP and had at least 2 other pay day loans (WONGA and PAYDAY UK) – i was robbing peter to pay paul constantly. I worked really hard to break the cycle and i would like to eventually get a mortgage so want to fight on
i would really appreciate some advice , i think the best way to go would be to go for an unaffordability claim to QQ, my ideal would be for MMF to not be able to register a default as the thought of another 6 years of a rubbish file is heart breaking after all i have been through
So should i a) contact QQ and put a claim in using step 2 of #Debtcamel’s excellent templates (i have ALL the agreements so its easy to list) and should I B) tell MMF that i am in dispute or ignore them completely for now – i really don’t want to risk the default
do you think i have a chance, am kicking my self for not doing the unaffordablity router but didn’t want to reset the clock, thank you all in advance for your help
Sara (Debt Camel) says
Yes put in a complaint to QQ now. Also tell MMF that the loan is in dispute with QQ and ask them to hold off on any court action.
In your situation a default doesn’t matter – if MMF add one now, you can tell them to correct it as it should have been back in 2012. The real danger is MMF going for a CCJ.
It is a great shame you didn’t put in an affordability complaint earlier because many of your QQ loans will not be over 6 years old and these cases take a lot longer to get decided. But all you can do is put your complaint in right now.
(Of course you do have one other option – to pay off MMF.)
Do you also have Wonga and Payday UK loans outstanding?
lola says
thanks for getting back to me
no nothing outstanding from Pay day UK or Wonga all paid (wonga wrote it off and i paid Payday UK) – last loans taken out Apr 2012
I really do want to fight the QQ one as they had soo much interest from me and i was in such a bad state ! MMF have a fair few steps to go before going for a CCJ i’d say so I will follow your advice put the dispute in now
is there anywhere I can find more information about the 6 year rule and pay day loans?
thanks so much for your help
Nick says
Hi,
I’d be grateful for any advice on a debt that’s been sold to a dca.
The dca has recently approached me offering a reduced settlement on 2 accounts purchased from HSBC (currently part of a dmp).
Before responding I wanted to check the status of the accounts and obtained 3 separate credit reports, all of which to my amazement show me as having an excellent score! The accounts defaulted in 2006 with HSBC and no longer show on my credit file.
The dca have stated if the offer is accepted my credit file will be marked as ‘partially settled’.
Does this mean these old accounts will reappear on my credit file and ruin my score? I was under the impression that any such note would have to be back dated to the default date in 2006 and therefore wouldn’t appear as the account has dropped off my file. However my dmp have advised me some dca’s can be spiteful and issue a new default in the event of a partial settlement and then mark the file ‘partially settled’. Am I right in thinking this is incorrect as a second default can’t be added to an already defaulted debt? Or does the dca have cart blanche to do whatever they like once they have purchased the debt?
The reason I ask all of this is a relative is prepared to help pay off a lump sum reduced settlement. But it seems there is no point if this is going to adversely affect my credit when I can just continue to give them a few £ a month via my dmp and maintain my ‘excellent’ score
thanks in advance for any help
Sara (Debt Camel) says
No, these debts will NOT reappear on your credit record, see https://debtcamel.co.uk/ff-credit-record/. WHich DMP firm told you they might?
I hope the DCA is offering a very big discount.
Nick says
Hi Sara,
Many thanks for the quick reply.
It was one of the advisers at StepChange who was under the impression the DCA could effectively resurrect the account by issuing a new default and mark it ‘partially settled’.
After years of silence the DCA came out of nowhere with a 54% discount. I have countered with 33% but they tell me they are unable to consider any offer without me filling in an extensive income/expenditure form. I’m told this is generous on my part and should have been more like 20-25%.
So just to confirm, my bargaining position is such that they can’t do me (my credit score) any harm?
Sara (Debt Camel) says
Correct, they can’t add a new default. It is reasonable for them to ask for an I&E form – what level of discount will depend on what that shows.
dennis gardiner says
do you not think that any company DCA or original creditor who offers this amount of discount,there is something wrong with the account for example they do not have an original signed copy, or there is PPI involved?? just a thought
Sara (Debt Camel) says
Not sure why PPI is relevant? A DCA will have bought the account for pennies, it makes good commercial sense to settle with a F&F offer that banks their profits now rather than through a DMP over a long while.
Nick says
Thanks again for the replies.
Sara thanks for the reassurance.
Dennis I requested an account statement and a copy of the original signed agreement in my initial written correspondence with the DCA’s ‘Correspondence and Third Party Representative’. Funnily enough he appears to have overlooked it in his response. Needless to say a reminder has been sent.
Anderson says
Looking advice and help. I have a allege account with microcredit back in 2014. They sold the credit on to Kapama Ltd (who now pass it on to Opos Ltd. I sent an requesting for a true copy of the original credit agreement along with a broken down of the statement. They sent me back a agreement with my name on the creditor with no figures and no relation to the ledge account.
Not sure but, does the original credit agreement should supply the amount of money borrowed and the length of time it’s for ?
The agreement was sent to me is not showing that, it just giving me a general agreement taken out on my first encounter with microcredit back in 2013.
They have place a default on my name and I would request for them to remove it.
What should I do and do I have a case?
Thanks in advance
Sara (Debt Camel) says
What should be in a CCA agreement depends on the type of credit. If it is a simple loan, the amount borrowed and the amount and number of repayments should be given. But is it possible this is a sunning credit agreement? I suggest you phone National Debtline and talk to them about what you have been sent.
Clifford says
Thanks you very much for your advice. It was a payday loan. I would get in contact with National Debtline today.
Teresa says
Hi Sara, My husband’s Cabot debt has now been moved to the Cabot solicitors Mortimer Clarke. They are claiming that unless he responds by the 11th Feb they will take him to court for an old Sainburys credit card, he last made payment in 2013, and has no contact from anyone until Cabot took over the debt. He has asked Cabot for the original agreement, they haven’t yet sent it. But I don’t know if this is just an empty threat, or is he better to just respond. The last thing he needs is a CCJ, we moved last year whilst he has a default on his credit file, we will need a new mortgage in the next 4 years, so we cannot risk a CCJ. Please help!
Teresa says
Also I must add. Cabot first contacted him in April of last year. To date despite proof of the debt they haven’t produced any evidence of him owning this money. Do they have a time limit on when they must produce the documents?
Sara (Debt Camel) says
Hi Teresa,
has he had a Letter before Claim/Action? If he has, this article looks at how to reply to it: https://debtcamel.co.uk/letter-before-claim-ccj/
Teresa says
It doesn’t say it’s a letter before claim, but the letter has come with a ‘Letter of claim details’ form which explains who they are etc. They have also included a reply form, income & exps form, a direct debit form etc.
Sara (Debt Camel) says
That is a letter before claim – the link I gave explains how to complete the Reply form if you want them to send the CCA agreement.
Rennell says
Hi Sara,
I’ve just recently started to check my credit report and have see a a default shown in reference to a Talk Talk account, it shows as Settled and the amount is £0. On disupting the default with Talk Talk they confirmed that the account had been sold to Lowell but there was still an outstanding amount.
I’ve contacted Lowell and they have confirmed they are now the data controllers and will update any details in relation to the default and the account is closed with a zero balance.
I have two questions –
1) – Who am I meant to be dealing with to remove the default Lowell or Talk Talk? If Lowell hve bought the debt why did they not update my credit report as you have outlined above to reflect the debt had been passed on?
2) Why would my credit report reflect in Date Updated & Date Satisfied a date of Dec 2015 (when I closed the account as moved to a different provider), but the Default date shows the June 2016. The debt was paid to Lowell in Oct 2017.
Hope you can help I’ve complained to both parties and getting nowhere at present!!
Thanks!
Sara (Debt Camel) says
If you dispute that there was an outstanding amount, you need to do this with Talk Talk. If they uphold your complaint and delete the default, the Lowell record will also be deleted.
molly says
I have got credit card at an old address which we use sometimes but my new address I have got same creditor and the creditor already sold my debt to debt collector and I have agreement to pay monthly. Now it looks like my creditor has found out about my old address and has linked so what will happen?
Sara (Debt Camel) says
It’s hard to guess, they may not do anything, they may refuse any credit limit increases, they could I suppose close the account but they may well not do this.
Cathy says
Looking for a little clarification re confusing entries on hubby’s Experian report.
We believe his main Barclaycard account should have defaulted in Nov 2012 when he missed 2 months whilst we entered into a DMP.
We thought it was showing as defaulted until BC sold the debt to Link in 09/16. Link are showing a default date, however, of 31/12/2014.
The BC record up to the point it was transferred to Link is now showing as a closed account, but with various minus month markers up until 18 months before they sold it & paid green tick markers (which it wasn’t because we were & still are in the DMP) up until date it was transferred to Link.
What are the implications to hubby’s credit record of the way the closed account has been recorded? Should we be disputing with both BC & the DCA that the account should be defaulted back to 2012?
In addition, hubby’s second BC account (formerly an Egg account, which still forms part of our DMP & should have been defaulted around the same time as the other) doesn’t appear on any of his CRA reports anywhere either under BC or the (different) DCA they sold it to 6 months ago. Is there a chance it could suddenly re-appear?
Sara (Debt Camel) says
The BC account – see https://debtcamel.co.uk/debt-default-date/ which looks at what the default date should be. At the moment it will drop off your credit records in 2020 – 6 years after the default date. if you get this corrected to be 2013 sometime it will drop off in 2019.
the old Egg account – have you checked all three Credit Reference Agencies? See https://debtcamel.co.uk/best-way-to-check-credit-score/. If its not on any of them, then it could, I suppose, appear at some point, but there doesn’t seem to be any advantage in trying to sort this out. Many Egg card will have had PPI< has he tried to reclaim any? See https://debtcamel.co.uk/ppi-deadline-august-2019-plevin/
Cathy says
Thank you for the reply, Sara.
So the closed account entry has no bearing on anything or will this automatically disappear as well after the 6 years? I though closed account entries stayed on your file for 7-10 years & could still affect things.
I really need to go back through our paperwork to see if/when we got a default notice on the 1st BC account. It would be nice if we could get the default date amended so that it falls off the record sooner, as we’re due to complete our DMP at the end of 2019.
I now realise it was the first BC account that used to be Egg & the 2nd one, which doesn’t show up on any of his CRA reports (& I have checked all 3), was his original BC account that he’d had since the late 80’s. As this was a pre-2000 account could that mean it hasn’t been reported to the CRA’s?
We already put PPI claims in on all our credit cards/old loans a couple of years ago. Egg & Capital One were dismissed on the grounds we’d completed the horrible short tick box applications saying we accepted personal liability for ensuring PPI was appropriate. The original BC account paid out.
However, I understand we can make a further claim against Egg & Capital One now under the Plevin rules before 29 Aug 2019- indeed Capital One have already written to me inviting me to reclaim, so need to get on to that.
Thanks again, Cathy
Sara (Debt Camel) says
Closed accounts drop off 6 years after they were closed unless they had a default on them, in which case they drop off 6 years after the default date.
It is possible that a very old account isn’t being reported.
Definitely make those Plevin PPI claims!
Baz says
I had a Land Reg charge for previously unsecured bad debt made over 10 yrs ago but company who placed charge (having bought oroginal old debt) went bust in 2013. I guessed who now owns the debt, then found old letter from that co. confirming it, but never have contact, but alarmed to find they say they aquired another large debt which I cannot recall any details about. I have long term physical and other problems. When charge order put on property, I had document to show was time-barred, but free advice persons at interim hearing told me not to contest, and a different free advice person talked me put of submitting a challenge to the final hearing. I feel badly let down as later I learned onus is on debt co to disprove time-bar, but understand probably too long ago to dwell on that. In very difficult circs, and with many disabilities in family, affordable remortgage offer to stay in home hicupped by land charge. Feel trapped and worried about house, anyway I can sort this please?
Sara (Debt Camel) says
The current charge – there was presumably a CCJ then a charge? A “time bar” is not a reason to dispute a charge being added, the advisers were very probably correct. It is possible you should never have had the CCJ if the debt was statute barred but that would have had to be contested as soon as you were aware of the CCJ, it can’t now be reopened. I am sorry but there sounds to be little you can do about this.
The other “large debt” – you need to ask for information about this and whether there is already a CCJ for it.
Baz says
Thank you. I vaguely remember the unsecured debt became a CCJ many years before and seemed a relief in some ways because charges were heavily piling on and when made CCJ court originally said pay back nominal weekly amount might have been 50p. Seems I have to contact the owner of the debt, which when it is a dormant matter and circumstances are difficult enough is a daunting prospect, coupled with inability to recall original situation and worry that trying to deal with host of complex health problems in family could make horrendous difficulties even worse. All same, appreciate reply, thank you.
Baz says
Just found old paperwork – CA advised me to contest on neorological compromises – can only presume I didn’t because of those compromises. My wife recalls I was in a very I’ll phase at that time and particularly on the day I went to CA when she had to be contacted to pick me up.
Seems logical my illnesses have both contributed to my debts and the subsequent state they have got to. That will almost definitely exclude any revisit of legal of process (I assume) but wonder whether current debt owner may take a subjective view that could see a way forward.
Baz says
Last one:
On the paperwork I found is 2 questions my wife wrote at the time with intention to be asked of CA: ‘Litigation Act suggests Court Order sought too late (about 8 years)? And: ‘this was consolidation losm of about half this amount to original bank – Nat Debt Line advised us to take issue with bank allowing us to build up debts in pur circs which we did and no more communication came from bank ever again – is this helpful info?’
I know it’s straw clutching, but putting the whole pile of info in sometimes finds an unexpected way forward.
Kindness in heeding my issue is hugely appreciated, thank you.
Sara (Debt Camel) says
It is straw clutching I am afraid, there are time limits within which complaints need to be raised and you are, I am afraid, well outside them. You should have asked for the CCJ to be set aside as soon as you were aware of it – the courts may give a few months leeway but not many years. National Debtline’s advice sounds sensible but if you didn’t get a reply from the bank, you should have taken the case to the Financial Ombudsman, as you only had 6 months to do that.
Baz says
Sara, just found consolidation offers from debt co that went bust, one @ 10% and one @ 20%. Wonder if that indicates current debt owner would accept similar. Cannot afford to service a monthly payment above a very low level, but could possibly just raise lump sum with some available help of around 20% of debt.
Last straw, I promise:-)
Sara (Debt Camel) says
Fingers crossed it works for you.
Sarah says
Hi Sara,
I’ve been asked to fill in an affordability statement on a current CCj as I am now on maternity leave and my financial status has changed. How much of my disposable income should I be offering as a payment figure?
Thanks
Sara (Debt Camel) says
It depends on what your expenses are and what other debts you have. It could just be a token amount if you are on maternity leave. There are some useful pointers in this article: https://debtcamel.co.uk/ccj-monthly-payment-form/ – that’s what to put on court forms, but the principle is much the same. As that says, unless you are sure, it’s good to talk to National Debtline.
Tom says
Hi Sara. I have messed up a lot when I was younger and have bad credit score. I have been working on this for the last year and my score is going up. I want a mortgage and I have 1 default for an old credit card. I called them and set up a payment plan. I paid 1/3 of the debt there and then, then 2 more months of payments and it’s done. I called up to pay the second instalment and was told my debt had been sold on. Now will this add another default to my account? I’m willing to pay it off in full if I have to, but I have worked so hard to get straight and I’m so worried I will have a messed up credit account again for 6 years! Having been sold on and I pay it off, will my credit still have the original default date and the fact it’s been paid on there? Or a new default? Many thanks!
Sara (Debt Camel) says
No you won’t get a new default. The new creditor has to use the same default date as the old one did. Good luck, it sounds as though you are on right road.
Claire says
Hi Sarah,
I was wondering if you might be able to provide some advice. PRA Group bought a credit card debt that I had with Barclaycard a few years ago, unfortunately due to financial circumstances the account was defaulted by PRA Group in 2016. I have been making payments since and the debt has now lowered to £1,400, However, when checking my new credit report today, the debt/default is no longer showing and my credit score has gone up. It was showing on my previous report. I have checked both Experian and Noddle (my Clearscore report is due to be updated in 12 days and is still showing the debt/default). Would there be a reason why it has disappeared earlier than the 6 years? I was planning to clear the debt in full in the next few months but am worried that they may add the details back on my credit file? I’m not sure if to leave alone or to pay in full? Any advice would be appreciated.
Sara (Debt Camel) says
The only reason I can think of – apart from an error! – is that PRA have sold the debt to another debt collector. This doesn’t really explain why they have deleted the record though… If another debt collector adds it, they should use the same default date as before. Keep your old report as proof of this!
NB you may have a case to ask Barclaycard to add a default years ago, see https://debtcamel.co.uk/debt-default-date/.
Claire says
Thank you Sara, I will check out the Barclaycard case and make sure I keep a copy of my old report. Should I continue paying PRA each month unless I hear anything different? I would love to apply for a mortgage in the future and it has taken me a long time to clear up my credit report. The PRA default is the last one I have. Would it be more favourable to pay the debt in full or request a discounted settlement figure? I haven’t sent a CCA request so not sure if this is something I should do first or try the Barclaycard case route first?
Many thanks for all your help.
Claire
Claire says
Hi Sara,
The default/record isn’t showing back on my credit report so far. PRA Group have recently sent me a letter offering a lower settlement figure of £840 (debt amount is £1400) so it would seem they haven’t sold the debt on. If I accepted their offer and paid the debt off do you they would update that to my credit report and the default would reappear again?
Many thanks,
Claire
Sara (Debt Camel) says
It’s really hard to guess because it looks like there may have been some form of error, so who knows if settling the debt will bring this to light? It could be discovered even if you settle the debt in full.
Claire says
Thanks Sara, I’m just wondering if to pay at the reduced amount they’ve offered and keep my fingers crossed. Does it affect your credit report any differently if you pay a defaulted account in full or a partial settlement? Thanks for all your advice. Claire
Sara (Debt Camel) says
Making a partial settlement adds a marker to the debt. See https://debtcamel.co.uk/dmp-partial-settlement/. But as I said before, you can ask Barclaycard to add a default date that would be earlier, which means it will drop off sooner.
Claire says
Hi Sara,
The PRA default has reappeared on my credit file this month. I am going to contact Barclaycard to ask if they will add an earlier default date. Looking back on my report the old Barclaycard details are still showing and I was first 3 months in arrears in September 2012. Therefore, could I ask Barclaycard to add the default at this time or would I need to have been 6 months in arrears? If they agree, do I then contact PRA Group and request that they use the same date? (they added a default in April 2016).
Many thanks,
Claire
Sara (Debt Camel) says
I suggest you ask Barclaycard to add the default when you were 3 months in arrears. When they have added this, as you say tell PRA to do the same.
Claire says
Hi Sara,
Just to let you know that I contacted Barclaycard, they were very helpful and acknowledged that they should have added an earlier default. They stated that they will instruct PRA Group to remove the default from April 2016 and as it has passed the 6 year marker, Barclaycard will now not need to add an earlier default. I am delighted with the results and without your advice would not have known that I could request an earlier default date so I would like to say thank you. I am assuming the debt with PRA group will still show on my credit file but once I pay the balance it will just show as a paid debt?
Kind regards,
Claire
Sara (Debt Camel) says
No the PRA debt too should disappear as it should have had the older default added. If it doesn’t, complain to PRA.
Annette Bell says
Can you advise me please?
I switched energy supplier from Green Star to Eon in September 2016. Always paid my monthly DD on time. When I switched, after meter readings there was an extra £27 to pay, to bring my account to zero, which I paid by debit card over the phone. Sorted. Or so I thought.
Come end of June 2017 (yes 8 months after my account was closed) I am being told via email by Green Star to check my on line account (which I closed when I transferred) as my ‘final bill’ of £80.86 needs to be paid! I replied wondering how this could be as I was not allowed to transfer to Eon without my account being at zero. I told them I owed nothing and wouldn’t be paying. I heard nothing else until March 7 and March 10 2018 when I received two letters in quick succession stating that 1) my payment was overdue and 2) a notice of intended recovery action.
I posted a letter on March 7th stating the history and asking them to check their accounting.
I don’t understand how I could owe £80 after my account being paid off and why has it taken so long to let me know, where is the proof of how they arrived at this figure after meters were read and my account zero. The notice says that they can apply for a court warrant, force fit a prepayment meter and disconnect my energy supply. I’m a working single parent.
I would be really grateful for your response.
This whole thing is making me feel sick, I have always paid all of my bills on time.
Sara (Debt Camel) says
First to reassure you they can’t do any of “apply for a court warrant, force fit a prepayment meter and disconnect my energy supply” whilst you are disputing the amount they say you owe. You have done the right thing writing to them and asking for details.
And it’s possible that as they no longer supply you they can’t do any of it anyway! If you don’t get a satisfactory reply to your letter I suggest you go to your local Citizens Advice and they will help.
Annette Bell says
Thank you so much :-)
Mark O'Neill says
Hi just wondering if you can help please I was made aware of a debt last year that I had forgotten about as it was sold to a dca we spoke over telephone & I answered honestly regarding my situation as I was in a iva at the time of call ,I answered questions about my mental health that were concerning for the dca ,they agreed to give me some time to recuperate & would contact me again later ,I have now received a letter stating no further action will be taken to recall the debt & my accounts are now closed by them ,does this mean it is gone or just sold on to another dca regards Mark
Sara (Debt Camel) says
I think it would be good for you to feel sure about this. I suggest you write, thanking them for their considerate letter and asking if they can confirm they won’t sell the debt on.
unicorn21 says
i have just received a letter from lowell solicitors saying notice of action. i first started getting letters from them in november 2017 i did not reply. i am now really worried as what to do. the debt is for a catalogue from my old address its £600 i was paying it until i moved. the problem i have is that i was moved from that address by the police in 2015 as i was being stalked and harrassed by a neighbour i had a breif relationship with they moved me within 2 months of telling them. i was not able to return to that address to get mail i didnt inform the catalogue that i had moved because to be honest i had more important things going on at that time. i have no idea if they sent me demands and had no idea they had sold this debt to lowell until they started to write to me in november 2017 i am on esa support group have been for a number of years due to mental health issues anxiety and depression i have been hospitalised because i have taken overdoses on a few occasions and im on medication. i no its not a huge debt if i had been in a position to inform the catalogue at the time of my mental health i would have done so but moving was most important then so i didnt do that im sure if i had they should never have sold my debt to these people. i have just emailed lowell informing them of my mental health issues and the circumstances of me leaving not that im expecting them to take much notice.
Sara (Debt Camel) says
To be honest Lowell may well be easier to deal with than many catalogues! They are only threatening court action because you have ignored their earlier letters.
This article https://debtcamel.co.uk/letter-before-claim-ccj/ suggests how to reply to a Letter before Action. You have done the right thing telling Lowell about your mental health problems, but you also need to send back the Reply Form enclosed with that letter. National Debtline 0808 808 4000 can help you with this.
If your mental health issues are continuing and you can’t afford to make any repayments, it may also be worth asking Lowell to write off the debt. https://debtcamel.co.uk/debt-options/less-common/write-off/. And if you have other debts as well, this is the time to look at your full position.
unicorn21 says
thank you for your help and quick reply. im sorry the letter said notice of acting not action. probably the same thing though. there is no forms to fill in as yet but looking online it seems this is what they send out before sending court action stuff but like i said i have emailed them my situation. im not sure if i should call them or wait until i have spoken to citizens advice which i intend to go and see on monday. i dont have any other debts i pay utilities tv liscece and stuff online every fortnight (not keen on going out). i dont have any other debts like catalogues etc. and i had been paying this one until i had to move quickly so i never got any demands from the catalogue or these people. its my mistake for not informing them i had moved but i wasnt in the right frame of mind to think about informing a catalogue of my change of address at the time.
unicorn21 says
this letter is from lowell solicitors – we are instructed on behalf of lowell portfolio to contact you as you have not paid your overdue debt their notice to you is enclosed and asking me to contact them regarding payment. yes there is another letter from lowell financial that came in the same envolope saying they have now passed it onto lowell solicitors and they will contact me regarding the outstanding balance and all contact should be to them from now on. there is no statement of account, no reply form and no financial statement. yet.
Sara (Debt Camel) says
ok, then you haven’t yet been sent the formal Letter Before Action with the Reply Form. That’s good! If you do get one, you should complete it as I said.
Going to CAB on Monday sounds good – this letter from Lowells solicitors can wait until then. If this is your only debt I hope it’s going to be easy to get them to accept a monthly payment arrangement you can afford so the stress and cost of court can be avoided.
unicorn21 says
thank you for your help. it has put my mind at ease a bit. in a way there is so much information online that it can confuse you even more.
Sheena says
I’ve got a debt from a mobile phone contract default from July 2014. This was sold to a DMC in Sept 2016, and has been updated as default every month since. However the phone provider is also updating the account as in default every month. Is this usual? When I called the phone company to talk about settling, they told me they couldn’t help as it had been sold on, but seems strange to me that they are still updating the default.
I’d appreciate it if you can shine any light on this, and tell me whether this means the debt is counting twice when people look at my report?
Thanks
Sara (Debt Camel) says
If the account has been sold on, the original creditor should have the balance set to zero. you need to put in a written complaint to them, not talk on the phone, and ask them to correct this.
Sheena says
I didn’t think that was right!
Huge thanks
Natalie says
hi – apologies this is a long story
I used to live in Australia and came back 6 years ago. I worked for a company where I was told to hire vans from hire car comp. i did so regularly but up to 6 people could be driving the van. The vans over the years received speeding fines and parking fines. The company always said would deal with them don’t worry.
Six years later it’s time to worry- a debt collection agency sent someone to my home. Without warning. Been in contact for months of trying to get them to provide evidence it was me that was driving as it was not. They’ve said client not obliged to and still have to pay this huge debt of £15k
Due to remortgage next year and really very worried. It’s not on my credit file at the moment. I don’t want to admit to a debt that is not actually mine. The company I worked for has gone bust and it’s said they nominated me to pay the fines. It’s a huge mess and I don’t want this going on my file.
I don’t know where to seek help. Do I have to pay it in full because they will keep chasing? Make an offer? Ignore? Refuse to pay? So confused – but no matter what it can’t go on my credir file or I can’t get a good mortgage for 6 years please help
Sara (Debt Camel) says
Were these fines in Australia?