Debt Collection Agencies saying that they are not the creditor

[mattjunior]

In response to this thread,http://legalbeagles.info/forums/show...ollector/page3, firstly thanks to [MENTION=6]Amethyst[/MENTION] @warwick65 @nemesis45 @dianaM @MIKE770 [MENTION=5553]charitynjw[/MENTION] @pt2537 for all their help, advice and guidance.

One of the issues arising from this situation, where Arrow are instructing Restons to issue court proceedings for a debt sold to Arrow from another DCA, is that Arrow, when asked for the original credit agreement under the CCA 1974, stated that they were not the creditor 'as envisaged by the statute'.

I will edit this as people put me right but it seems as though they are the creditor and are trying to mislead people, possibly into thinking they can't ask Arrow for the credit agreement?

It's been suggested that I complain to the FCA and there was also a suggestion that this is common and that others may want to complain. I thought it might be an idea to start a new thread about this.

[warwick65]

Re: Debt Collection Agencies saying that they are not the creditor

Hi Matt

I have just been looking at my old files and I have a letter from AG dated January 2013 where they claim they are not the creditor.
the company concerned were AG Guernsey and I have not heard from them in nearly 4 years. I know I said complaints to the FCA were anonymous I will leave my complaint until jan 2018 when the debt will be SB , obviously if I hear from them beforehand it will be a different matter.
Equally if one of my many others gets sold to them and I send off a cca with the same response I will complain

[Amethyst]

Re: Debt Collection Agencies saying that they are not the creditor

You know what, I hadn't even considered a complaint to the FCA. Doh! You're right it is misleading - I never understood how they thought they could possibly say they aren't the creditor because being the creditor is what allows them to bring the court claim ... and s189 cca is very clear... but I've always looked at it from a court/ tactics perspective .... I wonder if they do say the same thing when there aren't court proceedings.

[warwick65]

Re: Debt Collection Agencies saying that they are not the creditor

.... I wonder if they do say the same thing when there aren't court proceedings.

In 2013 AG Guernsey said the same and there were no court proceedings

[Amethyst]

Re: Debt Collection Agencies saying that they are not the creditor

See I think they might have an argument if they aren't in court proceedings - ( tho not really but more of one)- in court action brought in their own name they really can't be arguing they only have the rights and not the duties ... or they couldn't bring the claim in their own name ??

Waffle apologies lol.