Can I sue a Debt Collector

[unfortunatelybroke]

Hi,
If the Debt Collector cannot supply a CCA or a letter of assignment or any legal proof of ownership of a debt can I sue them in the small claims court and get me money back, if yes can you tell me how to go about it.
Thanks

[frisp]

Re: Can I sue a Debt Collector

wot would be the point go after the original creditor if you think you have a cause

[unfortunatelybroke]

Re: Can I sue a Debt Collector

Hi Frisp

I cannot find the OC I have written to them at their last known address but I have not had a reply for nearly a year, the DC cannot supply an agreement, they have sent the application form but no documents to prove ownership, they did tell me that the application form is an agreement as far as they are concerned but as we all now know this is not the case. There must be some law that protects us from these bloodsuckers who buy up debts. I would not be writing if it were the OC chasing his/her money I would be writing to them trying to negotiate, I will not negotiate with a bloodsucker.

[seduraed]

Re: Can I sue a Debt Collector

Was the oc a limited co or a plc because a companies house search might reveal them. You then write o the registered office.

[unfortunatelybroke]

Re: Can I sue a Debt Collector

Hi Seduraed
Thankyou for the reply I have searched the companies house and they are not listed.

[jebedee]

Re: Can I sue a Debt Collector

The oc's name might have been a trading style, try the public register from the OFT for the Consumer Credit Licence. http://www2.crw.gov.uk/pr/Default.aspx hope the link works but I don't have a lot of luck with posting links. There switchboard number is 020 7211 8000 and they should be able to direct you accordingly.

[frisp]

Re: Can I sue a Debt Collector

Hi Frisp

I cannot find the OC I have written to them at their last known address but I have not had a reply for nearly a year, the DC cannot supply an agreement, they have sent the application form but no documents to prove ownership, they did tell me that the application form is an agreement as far as they are concerned but as we all now know this is not the case. There must be some law that protects us from these bloodsuckers who buy up debts. I would not be writing if it were the OC chasing his/her money I would be writing to them trying to negotiate, I will not negotiate with a bloodsucker.

Sorry but your mistaken in regard to the viability of an application form. If it has the CCA blurb near the signature box then its covered by the act and the courts recognise it as an agreement.

As for DCAs buying up old debts. who is the DCA? if you put up enough requests for information they may go away as they like easy prey. Does the application have your signature on it, can you post it and the T&CS up. Are they saying they own the debt or are they acting for someone else. If they own the debt your are entitled to see the deed of assignment so ask for it.

But to answer your original question if they are not the original owner you'll be wasting your time and money trying to sue them for your money back. Best you can hope for ids that they naff off.

[unfortunatelybroke]

Re: Can I sue a Debt Collector

Hi Jebedee
Thanks for that link it did work and I entered the OC name into it and the OFT cant find them so whats next ?

[Angry Cat]

Re: Can I sue a Debt Collector

Hi Jebedee
Thanks for that link it did work and I entered the OC name into it and the OFT cant find them so whats next ?

Please, provide the name of the OC.:beagle:

[unfortunatelybroke]

Re: Can I sue a Debt Collector

Hi Frisp
I was under the impression that an application form with no terms or conditions on that form was not a legal document even though it had my signature on it, surely the application for credit cannot show terms or conditions as at that point in time you wouldnt know what these terms or conditions would be, once the application has been approved then the lender would have to send the agreement for you to sign which would have the terms and conditions attached. perhaps someone could clarify this for us.

[WendyB]

Re: Can I sue a Debt Collector

Hi Frisp
I was under the impression that an application form with no terms or conditions on that form was not a legal document even though it had my signature on it, surely the application for credit cannot show terms or conditions as at that point in time you wouldnt know what these terms or conditions would be, once the application has been approved then the lender would have to send the agreement for you to sign which would have the terms and conditions attached. perhaps someone could clarify this for us.

Well the problem is that lots of people who were under the same impression regarding unenforceablity have now found they are on a very sticky wicket and ended up in court, losing and being liable for lots of costs.

Did you legitimately owe a debt to the OC in the first place?
Have you been paying it, and to whom?
How much is still owing?

there are loads of questions which need answering before best advice can be given.

Perhaps if you could give more info and a clearer picture we would be able to advise better.

[frisp]

Re: Can I sue a Debt Collector

Hi Frisp
I was under the impression that an application form with no terms or conditions on that form was not a legal document even though it had my signature on it, surely the application for credit cannot show terms or conditions as at that point in time you wouldnt know what these terms or conditions would be, once the application has been approved then the lender would have to send the agreement for you to sign which would have the terms and conditions attached. perhaps someone could clarify this for us.

What year are we talking about. Its unlikely that the application form will not be accompanied by T&Cs as this too is part of the sales process. Post up the form for us to look at.

[unfortunatelybroke]

Re: Can I sue a Debt Collector

Thanks Frisp
1. OC, Associates based in salford Manchester which do not exist now, I am not sure what happened to the debt, all I know is that my payments to the CCCS continued and a new name appeared on my statement, that name belongs to 1st credit, last year the CCCS closed my account because I did not have enough money left out of my benefits to pay 14 creditors, I asked First Credit for a copy of my agreement and they said that they did not have it.
2 OC, Peoples Bank address unknown taken over by Cabot again no agreement
3 OC, Alliance & Leicester taken over by MBNA and then by Direct Legal & Collections again no agreement
The rest are all OC's who in the last year have used all sorts of Debt Collecting Agents telling me that I am trying to avoid paying my debts yet when I ask for an agreement they write to me quoting S76/8 etc etc of the CCA saying they dont have to provide the agreement, there has only been one creditor who has had the balls to tell me that he does not have the agreement.

[frisp]

Re: Can I sue a Debt Collector

Have you sent a S78 request to all the people who are asking you to pay, they have to provide you a copy of the agreement they will be relying upon in any court case? If not then do so.

Have you received a default notice from any of the more recent DCAs? Have you received any letters of assignment?

Can you post up any of the stuff you've received? so we can look at it an perhaps give a better advice?

[scott free]

Re: Can I sue a Debt Collector

Associates bank were lets say not exactly honest. i was passed to cabot ignored them and now debt is time bared.

I find the worst thing is to respond, never by phone.
regards and wish u luck