DCA - Taken over old debt from lloyds?

[liam]

Hi, I hope someone can help with my query,

I am trying to find information on behalf of my dad who wouldn't know how to use a computer and is not sure what to do about a debt that goes back to about 1990. Basically he had a small business partnership with another tradesman a long time ago that ended in a bit of financial trouble as he wasn't paid by certain clients and his partner struggled with alcoholism. It ended where he couldn't afford to pay the bank back as the small business went into liquidation. A few years earlier he had got a mortgage so a legal charge was placed on the house. Lately though the bank must have passed this debt onto an agency who are now demanding it to be repaid in full (It is around 10000).

He doesn't remember what kind of agreement the original loan was and how it was secured on the house. He is on a low income and doesn't know what to do about the situation. I was thinking of sending a letter to the agency asking for the original cca but don't know if this is appropriate or what it may acheive. His bank have also consistently overcharged him over the years for using an overdraft and doesn't like dealing with them. Any advice would be greatly appreciated as it would help ease some of the worry.

Thank You

[shamen]

Re: DCA - Taken over old debt from lloyds?

You need all the documentation on this to give a better idea of where things are. Limitations act could apply.

Id recommend a subject access request, not the CCA request in order to obtain all documents. Send one to the bank and one to the collection agency. Its likely the collection agency will write back and say that you have to talk to the original bank. Its important to know if the bank sold the debt to the DCA or if the DCA are just acting on behalf of the bank. The SAR to the bank will also help here.

[Marserobert]

Re: DCA - Taken over old debt from lloyds?

Liam

Do as Shamen suggests! This debt is approximately 21 years old wich immediately is a cause to investigate.

When the Ball opens do not talk to them by phone and everything in writing. The SAR will be the best tenner you can spend at this moment.

Sit back and wait for the consignment to arrive and then come back and tell us what is in the bundle.

Chin up and regards to your Dad.

M.

[Curlyben]

Re: DCA - Taken over old debt from lloyds?

To be perfectly honest, a simple Prove It letter goes a long way as an opener.
There's no need to fire off official requests until you are sure there is something to actually request.

Have a read through the first thread in my siggie.

Prove It is on post #4

[liam]

Re: DCA - Taken over old debt from lloyds?

Thanks for your advice guys,

I think it might be worthwhile to ask the dca to prove it first as curlyben suggested (thanks for the link to your post on this), just so they are clear we don't really wish to deal with them. After this I will do what you both mentioned shamen and marserobert and ask for a subject access request. I don't really know what this is as my knowledge of consumer law is minimal but i'm assuming it will give me more details of the debt. I'm wondering if you could explain this a bit further and maybe direct me to a template letter that I could send. I'm curious too if this debt has been sold on or whether the agency is acting on behalf of the bank. I would like the bank to show evidence (or hopefully not) of the debt so I know where we stand legally. Thanks again for the support as I really want to help my Dad out with this.

Your expertise is much appreciated .

[Curlyben]

Re: DCA - Taken over old debt from lloyds?

Wait and see IF they respond to the Prove It and let us know.
We'll respond as needed from there.

The early stages of dealing with a DCA are alot of waiting for their responses, but it gets easier as YOU are now in the driving seat with this.