Debt Collection Dispute Resolution

Summary

In the UK, if a debt is disputed, you should inform the debt collector in writing and provide evidence supporting your dispute. The debt collector must cease collection efforts until the dispute is resolved and must investigate and provide verification of the debt. If your vehicle was repossessed and sold without proper notice, document all communications and file a formal complaint with the finance company and debt collector. If unresolved, escalate the issue to the Financial Ombudsman Service. Consider consulting a solicitor for specific legal guidance. A Notice of Assignment informs you that your debt has been transferred to a new creditor and includes details of the original debt, the new creditors identity, and payment instructions.

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Benn
Hi Benn! How can I assist you with your legal issue today?
How can a debt collector demonstrate a chose in action
Benn, a debt collector can demonstrate a "chose in action" (the right to sue) by:
- Showing the original contract or agreement
- Providing evidence of the debtor’s default
- Presenting an assignment of the debt if they are not the original creditor
Do you need specific information about any of these points?
What is an assignment of the debt
An assignment of debt occurs when the original creditor transfers the right to collect a debt to a third party, such as a debt collector. This transfer must be documented with a written agreement specifying the details.
Would you like more details on how this process legally works in your area? If so, please provide your location.
United Kingdom
In the UK, the process for the assignment of debt involves the following key steps:
- The original creditor (assignor) and the debt collector (assignee) must enter into a written agreement.
- The debtor must be notified of this assignment in writing.
- The notification must clearly state the debt details and the assignee's contact information.
Is there anything else you need to know about this process?
Yes what if that debt is also disputed
If the debt is disputed in the UK, consider the following steps:
- Inform the debt collector in writing that the debt is disputed.
- Provide evidence supporting your dispute.
- The debt collector must cease collection efforts until the dispute is resolved.
- They must investigate and provide verification of the debt.
Would you like more details on handling a disputed debt?
If I submit a long paragraph can you answer it?
Yes, Benn, I can answer a long paragraph. Please go ahead and submit your detailed question, and I'll do my best to assist you.
Bare with
Sure, Benn. Please provide your detailed question, and I'll do my best to help you.
The vehicle still had my possessions in it. When I contacted the garage I was told my vehicle had been picked up the finance company. I contacted the finance company to arrange retrieval of my items and I was told they didn’t actually collect the car and it was still where I left it & they have no interest in the car anymore. It was later established that they had sold the vehicle to the garage for £* stating the vehicle was in serious disrepair. The vehicle was not in any disrepair and had been repaired and was ready to be on the road. I have now lost my car, my possessions & the finance company have now sold the alledged debt onto a debt collector asking for 9K what do I do?
Benn, here are some steps you can take:
- Document everything: Collect all communication and documentation related to the sale and possession of your vehicle.
- Send a formal complaint: Write to the finance company and the debt collector disputing the debt and explaining the situation.
- Contact the Financial Ombudsman Service: If the finance company does not resolve the issue, you can escalate it to the Financial Ombudsman.
Would you like more details on how to file a complaint?
I bought a vehicle on hire purchase and my contract states I am not responsible for fair wear and tear. The vehicle was advertised as having the timing chain replaced at *’* miles I bought the vehicle at *’* miles. I done roughly 17K miles in 12 months and the timing chain failed again. I took the vehicle to a garage and they stated the chain is on the original and has never been replaced. Because I couldn’t afford the 4K repair bill and the hire purchase agreement costs the vehicle was repossessed by the finance company without notice. The vehicle still had my possessions in it. When I contacted the garage I was told my vehicle had been picked up the finance company. I contacted the finance company to arrange retrieval of my items and I was told they didn’t actually collect the car and it was still where I left it & they have no interest in the car anymore. It was later established that they had sold the vehicle to the garage for £* stating the vehicle was in serious disrepair. The vehicle was not in any disrepair and had been repaired and was ready to be on the road. I have now lost my car, my possessions & the finance company have now sold the alledged debt onto a debt collector asking for 9K what do I do?
Benn, here are steps you could consider:
- Document Everything: Gather all related documents and communication.
- Formal Complaint: Write to the finance company and the debt collector disputing the debt.
- Financial Ombudsman: If unresolved, escalate to the Financial Ombudsman Service.
- Legal Advice: Consider consulting a solicitor for specific guidance.
Do you need more details on any of these steps?
What is a notice of assignment
A Notice of Assignment is a document that informs the debtor that their debt has been transferred from the original creditor to a new creditor (the assignee). This notice must include:
- The details of the original debt.
- The identity of the new creditor.
- Instructions on how to make future payments.
Would you like more information on the legal implications of a Notice of Assignment?