Debt Collection Agencies proof of ownership

[Rossitron]

My wife and I have numerous debts most of which are over ten years old, some have been sold on and some have been sold on and on. The waters have become extremely muddy as to which debts are owned by DCA' and which are being collected on behalf of the original creditor. I couldn't say if we have received notices of assignment as we've had them for so long and received so much mail from companies.

Anyway, I have written to them all requesting proof and the responses so far are that because we have paid something toward the accounts, this is proof that we owe them.

Is this a standard tactic? The letters requested actual proof such as credit agreement etc which have not been forthcoming.

[MIKE770]

Re: Debt Collection Agencies proof of ownership

did you send CCA1974 request with a £1.00 Postal order for each one to the owner? proper detail to each case would help us see the real situation, i.e. last paid / taken out when / how/ etc?

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Re: Lowell v TheRossitron this being one of them??

[Rossitron]

Re: Debt Collection Agencies proof of ownership

I sent this letter:

Dear Sir/Madam
Account No:

You have contacted me regarding the account with theabove reference number, which you claim is owed by myself.
I would point out that I have no knowledge of any suchdebt being owed to you, nor have I ever been sent proof of ownership of any debt pertainingto me.
I am familiar with the Consumer Credit sourcebook of theFinancial Conduct Authority (FCA) which states the following rules.
“A firm must not ignore or disregard a customer’s claimthat a debt has been settled or is disputed and must not continue to makedemands for payment without providing clear justification and/or evidence as towhy the customer’s claim is not valid.” 7.5.3
“A firm must suspend any steps it takes or its agenttakes in the recovery of a debt from a customer where the customer disputes thedebt on valid grounds or what may be valid grounds.” 7.14.1
“Where a customer disputes a debt on valid grounds orwhat may be valid grounds, the firm must investigate the dispute and providedetails of the debt to the customer in a timely manner.” 7.14.3
“Where there is a dispute as to the identity of theborrower or hirer or as to the amount of the debt, it is for the firm (and notthe customer) to establish, as the case may be, that the customer is thecorrect person in relation to the debt or that the amount is the correct amountowed under the agreement.” 7.14.4
“A firm must provide a customer with information on theoutcome of its investigations into a debt which the customer disputed on validgrounds.” 7.14.5
“Where a customer disputes a debt and the firm seeking torecover the debt is not the lender or the owner, the firm must:
(1) pass the information provided by the customer to the lender or the owner;or
(2) if the firm has authority from the lender or owner to investigate adispute, it must notify the lender or owner of the outcome of theinvestigation.” 7.14.6
In not ceasing collection activity whilst investigating areasonably queried or disputed debt you are using deceptive/and or unfairmethods.
Furthermore, ignoring and/or disregarding claims thatdebts have been settled or are disputed and continuing to make unjustifieddemands for payment amounts to physical/psychological harassment.
I would ask that no further contact be made concerningthe above accounts unless you can provide evidence as to my liability for thedebt in question.
I await your written confirmation that this matter is nowclosed. Otherwise I will have no option but to make a complaint to the tradingstandards department and consider informing the FCA of your actions.
If appropriate I will also take this matter forward as acomplaint to the Financial Ombudsman Service and Information Commissioner’sOffice.

I look forward to hearing from you.

Yours faithfully

[charitynjw]

Re: Debt Collection Agencies proof of ownership

Hi Rossitron

Unfortunately, as [MENTION=3599]MIKE770[/MENTION] points out above, there is not a 'one size fits all' answer; each case has to be dealt with separately.

[nemesis45]

Re: Debt Collection Agencies proof of ownership

Hi Rossitron

Unfortunately, as @MIKE770 points out above, there is not a 'one size fits all' answer; each case has to be dealt with separately.

Have you checked your credit reference files (Noddle is Free Online) this should give you information ( if the defaults are not more than 6 years old) as to the current owners of the debt and some guidance on default date of the debts showing on the files.

To make advising easier please list the debts here, giving the name of the original creditor. the name of the current owner, the default date and the date of the last payment if known.

nem