What to do when your account is Assigned?

[mk_chatham]

Re: What to do when your account is Assigned?

Anyway I thought I said we'd add a general acknowledgement response to the templates.

I'll do it tomorrow and we can use that as a generalised "thanks but no thanks".... In fact I'll add a whole section with different examples / templates.

Then the option is down to the user

Hi Niddy

That sounds like a plan.

My worry in writing my own replies, and not sending AAD templates, is if I inadvertently reset the SB clock by sending a reply which would count as acknowledging the debt. Two years on with four years to go, on the UE debts, I certainly don't want to do that.

Maybe a few pointers on what NOT to write may be useful - I'm sure that I should not refer to the debts a my accounts, for example.

MK

[Never-In-Doubt]

Re: What to do when your account is Assigned?

Good ideas. Yea - exactly.

I'm talking about adding a dozen or so quick responses such as "thanks for letting me know you've assigned this account however I regret to inform you it's in dispute with xxxxx. Please go back to xxxxx and and read the account correspondence".

That sort of thing. Short, sweet an to the point.

[mgfboy]

Re: What to do when your account is Assigned?

will this hold true when the agency that purchased the debt from the original lender was the agency that chased it in the first place for the original lender?????

[Slickfm]

Re: What to do when your account is Assigned?

Copied over from my diary, just to add to this thread, point being the DCA have already had this account before being appointed by Arrow!!

MBNA card update

Hiya all, like other fellow posters, I too have received today a notice of assignment from MBNA with a letter from Arrow Global also enclosed. Arrow have said that Fredricksons will be looking after the account. I find this quite a strange move as fredricksons were involved with this account back in July last year at which point I sent them the 'no CCA' template with a copy of a letter from MBNA confirming this. I didn't hear any further from them after that.

[PlanB]

Re: What to do when your account is Assigned?

MBNA sent a letter saying "no CCA so we will not issue court proceedings to recover any amount owed either now or in the future". Nice. Now MBNA has sold my account to Arrow which names Wescot as the *new* DCA. Only last August Westcot was the DCA used by MBNA but they returned the account with a fab letter saying "all this means is the creditor can't enforce in a court of law". So now they've been re-assigned the account by Arrow I shall send the Account Sold in Dispute letter with a copy of the MBNA "we've not got a CCA" letter plus a copy of their own letter when returning it to MBNA last summer to help them with their short term memory loss

The point is that this time around the account has a different Westcot reference number so they won't automatically put two-and-two together and realize that the new Plan B is the same as the other Plan B last summer. Westcot (all DCAs?) log a debt under a reference number on their database which doesn't seem to crosscheck for any other debts they have been, or still are, chasing you for (I presume) otherwise they'd know that they currently have 5 of my accounts right now which means they could save on postage by putting all my letters in one big envelope

[Deepie]

Re: What to do when your account is Assigned?

MBNA sent a letter saying "no CCA so we will not issue court proceedings to recover any amount owed either now or in the future". Nice. Now MBNA has sold my account to Arrow which names Wescot as the *new* DCA. Only last August Westcot was the DCA used by MBNA but they returned the account with a fab letter saying "all this means is the creditor can't enforce in a court of law". So now they've been re-assigned the account by Arrow I shall send the Account Sold in Dispute letter with a copy of the MBNA "we've not got a CCA" letter plus a copy of their own letter when returning it to MBNA last summer to help them with their short term memory loss

The point is that this time around the account has a different Westcot reference number so they won't automatically put two-and-two together and realize that the new Plan B is the same as the other Plan B last summer. Westcot (all DCAs?) log a debt under a reference number on their database which doesn't seem to crosscheck for any other debts they have been, or still are, chasing you for (I presume) otherwise they'd know that they currently have 5 of my accounts right now which means they could save on postage by putting all my letters in one big envelope

Why don't you send this with a copy of the letter you have >
CCA Query - Letter Previously Confirming No CCA :niddy

[PlanB]

Re: What to do when your account is Assigned?

Why don't you send this with a copy of the letter you have >
CCA Query - Letter Previously Confirming No CCA :niddy

Sorry, yes you're right I meant that one (oops) but I was trying to make the point that even if you get the same DCA before and after an assignment (absolute) they may not know you're the same person so could start harassing you all over again not realizing your previous file history with them. Hope I've explained it better this time

[Deepie]

Re: What to do when your account is Assigned?

Sorry, yes you're right I meant that one (oops) but I was trying to make the point that even if you get the same DCA before and after an assignment (absolute) they may not know you're the same person so could start harassing you all over again not realizing your previous file history with them. Hope I've explained it better this time

It's just a number to them .....

[PlanB]

Re: What to do when your account is Assigned?

It's just a number to them .....

Exactly. Which is why you can't assume that they know you've already told them that the account was in dispute just because it's been on their books previously

[Pip]

Re: What to do when your account is Assigned?

Hmm! Interesting, all of this!
I have very recently received letters from MBNA and the bods they've sold the balance to, but they're very different from bobogosing's at the top of the thread.

The thing about them is that there is no mention of "Notice of Assignment" or any such legal-type declaration, despite the MBNA letter saying "the outstanding balance has been purchased".

[garlok]

Re: What to do when your account is Assigned?

Pip, I have just posted for you on your own thread. There does not have to be any "legal" declaration to you. Either party to the sale can just notify you. There is NO prescribed format for a NoA. Thats it done deal they have told you. You will not get a sight of the Deed of Assignment in this day and age probbaly only under the CPR if it goes to court. You should just wait for the debt purchaser to make the first contract and then take up as suggested.

regards
Garlok

[Pip]

Re: What to do when your account is Assigned?

Pip, I have just posted for you on your own thread. There does not have to be any "legal" declaration to you. Either party to the sale can just notify you. There is NO prescribed format for a NoA. Thats it done deal they have told you. You will not get a sight of the Deed of Assignment in this day and age probbaly only under the CPR if it goes to court. You should just wait for the debt purchaser to make the first contract and then take up as suggested.

Thanks Garlok.

I was just a bit puzzled by the huge difference between this and bobogosing's at post #1, even though both are ostensibly from MBNA. The previous NoAs I've seen though seem to be done by the purchasing DCA rather than the original creditor (looking like they've just forged the OC's letterhead). Hadn't realised though that there were no prescribed forms for a NoA or semi-equivalent letter, informing the debtor of the sale/purchase of an outstanding balance. You'd think something so significant would have had something a bit more standardised or described in some bit of legislation somewhere.

In that case maybe I'll scribble my first response to the purchasing DCA on the back of a fag packet!

[garlok]

Re: What to do when your account is Assigned?

Yes mate its a problem. It is possible of course at a later date if heaven forbid the worst happens and it ends up in court to argue about the assignment but you need expert help to do it and to get sight of those proper legal documents. We had two BC accounts sold and the letter "from Barclays" is so obviously a forgery its unreal and the first demands and threats from the purchaser came in the same envelope from an address where Barclays do not have an office of any kind except a local branch on the High Street. But it is legal sadly and we have to make the best fist of it we can. However once it is sold remember always that they have only paid at most 10p to 12p in the pound for it. Again this is may work in your favour if the UE route does fall over as it will be easier to negotiate a sensible F & F. But you are a fair way off all that yet I would have thought

regards
Garlok

[bobogosing]

Re: What to do when your account is Assigned?

Hello!

Sorry to sound dim but can I ask, what is the difference between assigned and purchased?

Its just that on mine, MBNA says they've assigned their rights to Arrow....

And on Pip's , it says , account has been purchased by Britannica.....

Thanks bobo x

[garlok]

Re: What to do when your account is Assigned?

Its essentially the same thing. If an account is purchased and therefore Assigned in Absolute then it is transferred lock, stock, barrel to the assignee including all of the obligations and liabilities etc. If a DCA is only acting as an agent for then this is termed equitable asignment, i.e the responsibilities of the agreement still lie with OC who is the only one entitled to enforce via the courts, maybe in conjunction with its agent but nevertheless the agent cannot instigate proceedings alone.

In Absolute assignment they can, they now OWN it in its entirety.

regards
Garlok