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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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i have a charge on my property through bad debt but the company

Resolved Question:

i have a charge on my property through bad debt but the company who applied for the charge have now sold my account to a debt collector. Does the charge still stand/Does the charge switch to the debt collector with the debt
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : Did the debt have a condition saying it could be assigned please?
Customer:

Hi, Im not sure if it had a condition or not. The debt was finance on a van and it was repossessed and then the finance company applied for the charge. How can I find out if there is a condition on the debt. Thanks

Alex Watts :

You need to check the terms of the van.

Alex Watts :

If it says it can be assigned then the debt collector can collect and any charge should be amended to show this.

Alex Watts :

If the terms do NOT say it can be assigned, then NO it can not and it will be the creditor of the CCJ you pay

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Thanks, XXXXX XXXXX have the original paperwork for the van so what should I ask the creditor to get a copy?

Customer:

Also, can the charging order on my house be transferred to the debt collector without me being told?

Alex Watts :

You can ask for a copy under the Data Protection Act and Consumer Credit Act yes

Alex Watts :

The charge can not be transferred without you being told.

Alex Watts :

Does that help?

Customer:

Yes, Thanks for your Help. Adrian

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