Barclaycard sold to DCA - when with a CCJ.

[balster]

Interesting one.

I have been paying a CCJ off against Barclaycard for a number of years and the debt is now 1/2 of what it was.

The Judge accepted the amount that I could pay them etc..

This morning I received a letter to say that a DCA has purchased the debt and they want full payment!!

 

What are my options?

Shall I just write to them and tell them about the CCJ or tell them to prove that they own the debt?

 

Cheers

[balster]

And my credit file states that the amount is now Satisfied.

I never missed a payment with BC.

[cerberusalert]

You pay exactly what was stipulated by the judge on the CCJ. If they want an increase in payments they would need to apply to the court for a redetermination & if your circumstances have been reduced they could find that you could be ordered to pay even less.

[cerberusalert]

How old is the CCJ?

[SWLABR9]

Why would the debt be listed as 'satisfied'? Is it because it's been sold on?

[cerberusalert]

The original creditor have to mark the debt as satisfied when they sell the debt on, they then claim tax relief and the new owner begins to update the credit file accordingly.

[balster]

Thanks for the info cerberusalert. The debt was made into a CCJ circa March 2007.

Really intersting information about the satisfied question too.

I will get in touch with the DCA - is there a template letter that I can use?

[cerberusalert]

There isn't a template letter I'm afraid.

 

I have a suspicion that the DCA is unaware of the CCJ so are sending their normal cycle of threat-o-grams. You could send them the 'Prove It' letter http://www.consumeractiongroup.co.uk/forum/content.php?428-General-debt-letter-if-you-know-nothing-of-the-debt and make them do some work by contacting the original creditor.

 

Technically they have broken procedure by making a demand without first proving they have been assigned the debt & it will be interesting to see what they produce.

 

If they discover that there is a CCJ already in place then there's no harm done, but they cannot make any demands other than what the original judgment stated.

[SWLABR9]

If they're a third party how can they make a claim anyway? The original agreement was between the OP and the issuer of the debt, not any third party.

[cerberusalert]

The DCA would have to register the transfer of the CCJ with the court... that's if they are aware it exists.

[balster]

I think that I am going to be sensible and make an offer to pay the amount off via a reduced one off payment.

Looking at my credit file, they have created a new entry and carried over some of the details of the account but nothing indicating that it is a CCJ.

How much do DCA's normally purchase debts for. Mine is approx 2.5k.

What should a good opening offer from me be?

 

Cheers

[balster]

I've made an offer of approx £450 and they have turned it down.

They want 90%!! No chance.

I used a template that was in a post on oe of the forums where a chap was trying to do a similar thing.

Also I am currently having serious health issues and they want info from my Doctor!!! SOD that!!

Anyway, they have suspended collection for 30 days.

I assume that this is normally a ping pong affair when it comes to Full and Final settlements with DCAs'.

I can realisticaly go to £1050 and no more.

Any advice for what I should offer next?

Cheers