Old Debts Repaid?

[Never-In-Doubt]

Re: Old Debts Repaid?

Can you please just clarify the points within the multi-quote below please.....

The payment was made to EGG as the claimant - a collection agency I see mentioned quite a bit here - failed to provide correct account details to make a standing order. The payments were made until August 2010 when a letter was received from the same collection agency claiming no money had been received. Payments were switched to them but after 3 they were refunded. So I switched back to paying direct to EGG to comply with the court settlement.

Who told you to pay Egg? If the collection agency was the claimant (on behalf of Sgg or whatever) then it would naturally be them you paid, what possessed you to pay Egg? Were you told to do this by anybody?

Additionally, did the claimant (ie the DCA) at court declare that they were assignees of the debt? If so was it fully assigned (so they were the claimants) or was it partially assigned (showing egg as the creditor with the DCA as the claimants representatives)?

I am trying to establish the legal owner of the debt as at the date of court. Why? If it was Egg with the DCA as reps, then the money is fine and you can class this as settled. However if the legal owner was the DCA then you should be able to get a full refund from Egg. However a lot depends on the claim at that time and the legal owner of the debt then, and now.

In Sept 2011 – having told the agency several times (they sent the occasional letter) what was happening and hearing nothing – I received a letter saying pay the outstanding less 35% to close the debt. This I did, making the final payment of a little over £2500 in Sept 2011 (to Egg).

Who was the DCA? Did you speak to them to agree this or what? What did you do to agree settlement? For example, if someone writes and says pays £x, they will ALWAYS provide details of how to settle but usually it means calling someone to agree it. If for any reason you got the letter and went and paid the £2500 into Egg's account then of course the debt would remain, because you paid the wrong people.

I heard nothing until last week when I received another letter from the same collection agency asking for a settlement of the original amount. I wrote giving full details of regular payments and the final payment. They have asked for a ‘paid in full letter or statement showing a zero balance’ I have neither of these. I have also written to EGG at the Canada Square Operations address asking for details – either a refund or why the payments were not forwarded to the agency as I thought they were.

You won't have the letter they require cos you paid Egg. Egg will come back to you, we can utilise FOS to get that off the ground but first lets find out who owned the debt as at the court date.

I’ve heard nothing from EGG/Canada Square. What can I do? I assumed the money would be sent to the collection agency or that they would get the money from EGG themselves. If EGG refunded the payments made (something like £5,700) I could repay immediately. Can I raise a small claims action against EGG/Canada Square to get the money back, should I just ignore the demands or what other action should I take?

When did you write to Egg/Canada Sq? What did you write? Do you have a copy of correspondence that you can email me to check over then I can hopefully sort this for you....

[scribbler]

Re: Old Debts Repaid?

Can you please just clarify the points within the multi-quote below please.....

Who told you to pay Egg? If the collection agency was the claimant (on behalf of Sgg or whatever) then it would naturally be them you paid, what possessed you to pay Egg? Were you told to do this by anybody?

--> Thought I had better pay SOMEONE and when I did try and pay the DCA the money got refunded. The regular payment amount was agreed with the judge.

Additionally, did the claimant (ie the DCA) at court declare that they were assignees of the debt? If so was it fully assigned (so they were the claimants) or was it partially assigned (showing egg as the creditor with the DCA as the claimants representatives)?

--> It didn't actually get to court, the DCA had failed to provide account details so I could set up a standing order.

I am trying to establish the legal owner of the debt as at the date of court. Why? If it was Egg with the DCA as reps, then the money is fine and you can class this as settled. However if the legal owner was the DCA then you should be able to get a full refund from Egg. However a lot depends on the claim at that time and the legal owner of the debt then, and now.

--> I assume that it is owned by the DCA but as I heard nothing from them I continued paying EGG thinking the money was being transferred.

Who was the DCA? Did you speak to them to agree this or what? What did you do to agree settlement? For example, if someone writes and says pays £x, they will ALWAYS provide details of how to settle but usually it means calling someone to agree it. If for any reason you got the letter and went and paid the £2500 into Egg's account then of course the debt would remain, because you paid the wrong people.

--> Its Aktiv Kapital. I realise I paid the wrong people. But heard nothing for so long thought it was all sorted... yes, OK I cocked up.

You won't have the letter they require cos you paid Egg. Egg will come back to you, we can utilise FOS to get that off the ground but first lets find out who owned the debt as at the court date.

When did you write to Egg/Canada Sq? What did you write? Do you have a copy of correspondence that you can email me to check over then I can hopefully sort this for you....

I've written twice. Will email latest.

[Never-In-Doubt]

Re: Old Debts Repaid?

It didn't get to court.... so there is no judgment then? No CCJ, no Tomlin Order?

[scribbler]

Re: Old Debts Repaid?

It didn't get to court.... so there is no judgment then? No CCJ, no Tomlin Order?

No nothing

[Never-In-Doubt]

Re: Old Debts Repaid?

No nothing

Hmmm, right if you email the letters you do have then tomorrow morning I will sort you a response to get this sorted once and for all. You'll be alright... can you please just clarify when you paid and when it was returned and also how you settled the £2500, you have avoided answering me - I need to know who you spoke to to agree that settlement and how it was agreed (phone etc)...

Thanks

webmaster@all-about-debt.co.uk

[scribbler]

Re: Old Debts Repaid?

Hmmm, right if you email the letters you do have then tomorrow morning I will sort you a response to get this sorted once and for all. You'll be alright... can you please just clarify when you paid and when it was returned and also how you settled the £2500, you have avoided answering me - I need to know who you spoke to to agree that settlement and how it was agreed (phone etc)...

Thanks

webmaster@all-about-debt.co.uk

Oh, I've been using the email link in the side bar... will send via this address...

[Never-In-Doubt]

Re: Old Debts Repaid?

Oh, I've been using the email link in the side bar... will send via this address...

ok please answer the missing question too

[scribbler]

Re: Old Debts Repaid?

Have you got everything you need?

[Never-In-Doubt]

Re: Old Debts Repaid?

Ermmmm - ill check emails later. Sorry for delay

[scribbler]

Re: Old Debts Repaid?

no worries, just wondering... sure you have a ton of other things to do