if debt if sold on

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aerohead

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Post by aerohead » Tue Jun 16, 2009 9:53 pm
Hello all and thanks in advance for your help.
If a debt is sold on by a credit card company is it then the responsibilty of the new company to initiate CCJ proceedings - I assume that they have to follow this path or can they immediately apply for charging order or bankruptcy etc.
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kallis3

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Post by kallis3 » Tue Jun 16, 2009 10:00 pm
Hi,

I would think that once they own the debt they have to follow the same procedures as the original creditor.

Hopefully one of the professionals will be along to advise further.
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
Bob Marley.
http://kallis3.blogs.iva.co.uk
 
 

MelanieGiles

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Post by MelanieGiles » Tue Jun 16, 2009 10:15 pm
If the debt is sold, so are the rights to recover the outstanding sum sold to the new company.
Regards, Melanie Giles, Insolvency Practitioner
 
 

Michael Peoples

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Post by Michael Peoples » Wed Jun 17, 2009 11:28 am
Quite often the debt purchasers are more aggressive when collecting and county court action may follow swiftly. They do even raise bankruptcy petitions which is highly unusual for a high street lender to do.
Michael Peoples | McCambridge Duffy Insolvency Practitioners
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If you would like to talk to me about proposing an IVA or have any questions at all please visit www.mccambridgeduffy.com
 
 

kallis3

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Post by kallis3 » Wed Jun 17, 2009 11:40 am
Must admit that we never had any problems like that with the companies our creditors sold the debts on to. It maybe because we were in a DMP at the time.
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
Bob Marley.
http://kallis3.blogs.iva.co.uk
 
 

Michael Peoples

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Post by Michael Peoples » Wed Jun 17, 2009 11:47 am
The Office of Fair Trading has recently warned a number of debt purchasers about their collection tactics. One was warned about sending out statutory demands while having no intention of issuing bankruptcy proceedings, another for contacting neighbours and others for other harrassment offences.

Maybe you are right Jan that they were getting money from your DMP so happily sat back and collected it. Other people who have not got a repayment plan in place should certainly by very wary and seek advice quickly.
Michael Peoples | McCambridge Duffy Insolvency Practitioners
http://www.mccambridgeduffy.com
If you would like to talk to me about proposing an IVA or have any questions at all please visit www.mccambridgeduffy.com
 
 

kallis3

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Post by kallis3 » Wed Jun 17, 2009 11:54 am
I do agree Michael.

The scaremongering of some creditors has to be seen to be believed. I hope the OFT do something about it.
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
Bob Marley.
http://kallis3.blogs.iva.co.uk
 
 

Michael Peoples

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Post by Michael Peoples » Wed Jun 17, 2009 12:14 pm
I was at a DETI conference yesterday at which one of the speakers was from the OFT. They are watching complaints carefully and have the powers to remove licences for the worst offenders. Maybe if debtors were more aware of their rights and complained to the OFT when these rights have been abused some of the more odious practices may stop.

I attach a link to the OFT guidance for debt collectors and people can see if they are being broken or not.

http://www.oft.gov.uk/shared_oft/busine ... oft664.pdf
Michael Peoples | McCambridge Duffy Insolvency Practitioners
http://www.mccambridgeduffy.com
If you would like to talk to me about proposing an IVA or have any questions at all please visit www.mccambridgeduffy.com
 
 

kallis3

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Post by kallis3 » Wed Jun 17, 2009 12:23 pm
Thanks Michael, that's a most useful link.

We could probably do with a link to this on the site - perhaps admin could pick this one up.
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
Bob Marley.
http://kallis3.blogs.iva.co.uk
 
 

Adam Davies

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Post by Adam Davies » Wed Jun 17, 2009 1:03 pm
Hi
I think there are many scare tactics used by debt collection agencies, wrong information given and a lack of empathy for genuine cases.
It would be good to see people seeking a genuine debt solution to be given an amnesty from calls etc.
Regards
Andam Davies
 
 

kallis3

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Post by kallis3 » Wed Jun 17, 2009 1:13 pm
I agree Andy.

Once you have started the ball rolling and have informed the creditors, then they shouldn't contact you unless your application fails.
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
Bob Marley.
http://kallis3.blogs.iva.co.uk
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