More than one account with same DCA at the same time

[PriorityOne]

Re: More than one account with same DCA at the same time

That's really useful P1 because if a DCA/debt purchaser did issue proceedings on an amalgamated-without-permission account, then maybe this could be a Defence in court even if the two accounts were individually enforceable

I'm told that they could sell the debt back to the OC, who could seperate them out, and then re-sell and re-issue but all that takes time and effort. Plus the fact that by then the OC may have archived (destroyed) the file believing the debt to be sold so off their books and forgotten about which leaves more room for errors with the paperwork

Well, as Niddy said.... they're not supposed to do it without permission. In other words, without you signing for a consolidated type loan (with a new agreement). So, creditors/DCAs could find themselves in deep shyte by progressing to court with amalgamated accounts.

If challenged beforehand however, it shouldn't get that far. In my case Allliance & Leicester wrote to the DCA saying that this was precisely what they had done..... and the gormless DCA sent me a copy!!

[SA Gold]

Re: More than one account with same DCA at the same time

Plus the fact that by then the OC may have archived (destroyed) the file believing the debt to be sold so off their books and forgotten about which leaves more room for errors with the paperwork

Now that's something worth keeping fingers crossed for. One account number with no relevance to the debtor and original paperwork not available

[gravytrain]

Re: More than one account with same DCA at the same time

I have seen DCA lump debts together on a claim.

I don't think there is any reason why they shouldn't as long as they have been correctly terminated and assigned, the judgement/ CCJ would then be to the DCA rather than the original creditor.

I don't think it is usual practice though because it can get messy, particularly if one other of the accounts is in dispute, or if one of the contracts permits post termination/judgement interest etc.

It is quite common for creditors to get together and issue a statutory demand though, particularly against businesses.

[PlanB]

Re: More than one account with same DCA at the same time

This is another scenario that I experienced with Alliance & Leicester, who amalgamated three accounts before selling them on to an external DCA. If this hadn't been challenged at the time then in theory, they could have ploughed ahead for a CCJ by default.

That's really useful P1 because if a DCA/debt purchaser did issue proceedings on an amalgamated-without-permission account, then maybe this could be a Defence in court even if the two accounts were individually enforceable

I'm told that they could sell the debt back to the OC, who could seperate them out, and then re-sell and re-issue but all that takes time and effort. Plus the fact that by then the OC may have archived (destroyed) the file believing the debt to be sold so off their books and forgotten about which leaves more room for errors with the paperwork

[PriorityOne]

Re: More than one account with same DCA at the same time

Something else to consider is the possbility of creditors/DCAs combining accounts in order to issue legal proceedings for a larger amount in one hit now that the Small Claims Court limit has been raised to £10k (from £5k on 1st April 2013). They may decide to do this so that they can claim legal costs if they win and to deter debtors from defending cases for fear of that risk

Nooooo they can't amalgamate debts to increase the value for the sole purpose of starting a claim.

They can only amalgamate debts in totality if you merge them into some formal experience such as a managed loan... Otherwise they can only "link" the accounts in so much as they will write using one reference - but all the actual accounts/products MUST remain separate.

They cannot just merge things, doesn't work like that.

This is another scenario that I experienced with Alliance & Leicester, who amalgamated three accounts before selling them on to an external DCA. If this hadn't been challenged at the time then in theory, they could have ploughed ahead for a CCJ by default.

This was mentioned on Rascaljesse's thread.... as he/she seems to be going through something similar.

[PlanB]

Re: More than one account with same DCA at the same time

Its hard to explain, but if you SAR them then we can better clarify

Let's hope that HSBC found it hard to explain the process to Marlin too, or better still didn't even attempt to explain it to them

I know I didn't agree to anything so I'll hold off my SAR until Marlin turn up the heat. At the moment we're having a lovely time writing letters to each other ready for the Trial Bundle if ever needed. I call it the 'Shoot Yourself in the Foot' file

[Never-In-Doubt]

Re: More than one account with same DCA at the same time

I've got Marlin chasing me for one lump sum debt with one reference number which is a combination of two separate HSBC debts (O/D and loan) which they purchased last year so does this mean they can't issue me with a County Court summons

We've got a thread on here somewhere about these HSBC combined debts (before selling) but I can't find it to see what we concluded

Well that depends if they combined them into what is known as a 'managed loan' - obviously to do this you must first agree. If you did not then they cannot merge them like that (ie £10k loan and £5k card = £15k debt listed as one entry for £15k) - however what they CAN do is merge both accounts into one for referencing/administrative purposes which would show one account reference for you as a customer, with all your individual accounts listed within it. So you'd have 2 separate accounts within the main user account.

Its hard to explain, but if you SAR them then we can better clarify.

[PlanB]

Re: More than one account with same DCA at the same time

Found it

http://forums.all-about-debt.co.uk/s...ead.php?t=9685

[PlanB]

Re: More than one account with same DCA at the same time

I've got Marlin chasing me for one lump sum debt with one reference number which is a combination of two separate HSBC debts (O/D and loan) which they purchased last year so does this mean they can't issue me with a County Court summons

We've got a thread on here somewhere about these HSBC combined debts (before selling) but I can't find it to see what we concluded

[Never-In-Doubt]

Re: More than one account with same DCA at the same time

I'm sure I've seen cases somewhere with two debts (not merged) from the same creditor on the same N1. Or can that only happen on SDs?

That'd be a SD - on a CCJ it's per debt, not per customer. An SD can probably bring a claim with more than one debt listed, but a typical CCJ won't.

[PlanB]

Re: More than one account with same DCA at the same time

Nooooo they can't amalgamate debts to increase the value for the sole purpose of starting a claim.

They can only amalgamate debts in totality if you merge them into some formal experience such as a managed loan... Otherwise they can only "link" the accounts in so much as they will write using one reference - but all the actual accounts/products MUST remain separate.

They cannot just merge things, doesn't work like that.

I'm sure I've seen cases somewhere with two debts (not merged) from the same creditor on the same N1. Or can that only happen on SDs?

[Never-In-Doubt]

Re: More than one account with same DCA at the same time

Something else to consider is the possbility of creditors/DCAs combining accounts in order to issue legal proceedings for a larger amount in one hit now that the Small Claims Court limit has been raised to £10k (from £5k on 1st April 2013). They may decide to do this so that they can claim legal costs if they win and to deter debtors from defending cases for fear of that risk

Nooooo they can't amalgamate debts to increase the value for the sole purpose of starting a claim.

They can only amalgamate debts in totality if you merge them into some formal experience such as a managed loan... Otherwise they can only "link" the accounts in so much as they will write using one reference - but all the actual accounts/products MUST remain separate.

They cannot just merge things, doesn't work like that.

[PlanB]

Re: More than one account with same DCA at the same time

Something else to consider is the possbility of creditors/DCAs combining accounts in order to issue legal proceedings for a larger amount in one hit now that the Small Claims Court limit has been raised to £10k (from £5k on 1st April 2013). They may decide to do this so that they can claim legal costs if they win and to deter debtors from defending cases for fear of that risk

[PriorityOne]

Re: More than one account with same DCA at the same time

What a shame
I trust the 3 never surfaced?

No.... although they did try and claim an inflated balance on an old current account. Shame I had the final statement on that account which proved otherwise.....

Love catching them out....

[SA Gold]

Re: More than one account with same DCA at the same time

Some years ago, Moorcroft was collecting on 3 of my accounts which they decided to amalgamate under one single ref. number. They still needed to find 3 separate CCAs for all of them though.... which seemed to give them an almighty headache at the time.

What a shame
I trust the 3 never surfaced?