Debts Sold To Debt Collectors. Free Advice. StepChange (2024)

If you have missed payments (arrears), your creditor may:

  • Use a debt collection agency to try to make you pay
  • Sell your debt to a debt purchaser

This is a normal part of the debt collection process.It applies to most common types of consumer debt including:

  • Loans
  • Overdrafts
  • Credit cards
  • Store cards
  • Hire purchase arrears
  • Catalogues

Why do creditors sell debts?

A creditors' business model is to lend money and collect it. Chasing debts, arrears, and people is not their business.

It is easier for them to give this work to debt collection agencies or sell the debt to a third party debt purchaser.

How does it work?

A 'debt collector' is in the business of collecting debts.

  • Some debt collectors are hired by creditors to chase debts for them
  • Other debt collectors buy debts to chase for their own profit
  • Some debt collectors do both

A ‘debt purchaser’ buys unpaid debts from creditors in bulk.

Let’s say you owe £100. A debt purchaser may buy that debt for £70.

They will then keep asking you for £100. If you give them £100, they have made a profit of £30.

For the creditor, selling the debt means they get back some money right away.

If you set up a payment plan or are made insolvent, they may have to wait a long time or get nothing at all.

If they sell the debt, they can stop chasing and focus instead on their business of lending and collecting.

What happens to me when the debt is sold?

Once your debt has been sold you owe the buyer money, not the original creditor.

The debt purchaser must follow the same rules as your original creditor.

You keep all the same legal rights.

They cannot add interest or charges unless they are in the terms of your original credit agreement.

Can you dispute a debt if it was sold to a collection agency?

Your rights are the same as if you were dealing with the original creditor.

If you do not believe you should pay the debt, for example, if a debt is stature barred or prescribed, then you can dispute the debt.

Find out more about disputing debts.

There is also a chance that the debt is 'unenforceable'. This means it does not comply with the Consumer Credit Act 1974 (CCA).

This could happen if the debt goes between multiple collection agencies making it harder for creditors to comply with information requests.

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Debt collectors acting on behalf of the creditor

If a creditor is finding it difficult to collect a debt, they might pay debt collection agencies or debt collectors to contact you instead.

If they do not tell you the debt has been sold, then they are working for the original creditor. This means the original creditor still owns the debt.

Learn more about what creditors can and cannot do.

What's the difference between bailiffs and debt collectors?

The most important thing to know is that a debt collector does not have any special legal powers to collect a debt. But a bailiff does.

Read our guide to bailiffs and debt collectors to find out more.

How will I know if my debt has been sold to a debt purchaser?

Your original creditors need to tell you when they sell your debt.

You will also get a letter from the new owner of your debt.

This letter should:

  • Explain who the new owners are
  • Include the name of the original creditor
  • Usually include the account number of original creditor
  • Explain where your payments should now go

If you are not sure which debt has been sold, contact the debt purchaser to ask.

If you are not if you this is a real letter, call your original creditor to check.

You will probably get phone calls from the debt purchaser too.

  • Make sure you tell them your situation and what you can afford to pay.
  • Do not let them pressure you into making payments you cannot afford.

If you are contacted by debt collectors or told your debt will be sold, you should get debt advice as soon as you can.

Take two minutes to answer a few simple questions, so we can understand the best way to help you. Or you can contact us here.

Related articles

  • What to do if your debt has been passed onto a debt collection agency
  • Default notices and missed payments. Do they affect your credit rating?
  • What to do about letters from creditors

Debts Sold To Debt Collectors. Free Advice. StepChange (1)

"Get in touch with StepChange, you'll wish you'd done it sooner" Rob, Wiltshire

Debts Sold To Debt Collectors. Free Advice. StepChange (2024)

FAQs

Do you have to pay a debt that has been sold? ›

Once your debt has been sold you owe the buyer money, not the original creditor. The debt purchaser must follow the same rules as your original creditor. You keep all the same legal rights. They cannot add interest or charges unless they are in the terms of your original credit agreement.

What is the 11 word phrase to stop debt collectors? ›

If you are struggling with debt and debt collectors, Farmer & Morris Law, PLLC can help. As soon as you use the 11-word phrase “please cease and desist all calls and contact with me immediately” to stop the harassment, call us for a free consultation about what you can do to resolve your debt problems for good.

How do I get rid of debt collectors without paying? ›

You can sue the debt collector for violating the FDCPA. If you sue under the FDCPA and win, the debt collector must generally pay your attorney's fees and might also have to pay you damages. If you're having trouble with debt collection, you can submit a complaint with the CFPB.

What should you not say to debt collectors? ›

Don't provide personal or sensitive financial information

Never give out or confirm personal or sensitive financial information – such as your bank account, credit card, or full Social Security number – unless you know the company or person you are talking with is a real debt collector.

How do I remove debt that has been sold? ›

8 steps to remove old debt from your credit report
  1. Get all three of your credit reports. ...
  2. Verify the age of any outstanding debts. ...
  3. Double-check the dates on sold-off debt. ...
  4. Dispute the error with the credit bureaus. ...
  5. Send a letter to the reporting creditor. ...
  6. Get special attention. ...
  7. Contact the regulators. ...
  8. Talk to an attorney.
May 1, 2024

How long before a debt becomes uncollectible? ›

Statute of limitations on debt for all states
StateWrittenOral
Alaska6 years6
Arizona5 years3
Arkansas6 years3
California4 years2
46 more rows
Jul 19, 2023

What's the worst a debt collector can do? ›

Debt collectors cannot harass or abuse you. They cannot swear, threaten to illegally harm you or your property, threaten you with illegal actions, or falsely threaten you with actions they do not intend to take. They also cannot make repeated calls over a short period to annoy or harass you.

How to outsmart a debt collector? ›

You can outsmart debt collectors by following these tips:
  1. Keep a record of all communication with debt collectors.
  2. Send a Debt Validation Letter and force them to verify your debt.
  3. Write a cease and desist letter.
  4. Explain the debt is not legitimate.
  5. Review your credit reports.
  6. Explain that you cannot afford to pay.
Mar 11, 2024

What is the loophole of debt collectors? ›

Debt collectors lose the right in many states to sue consumers after three or more years. But there's a loophole: If the consumer makes a payment, even against his or her own will, that can be used to try to revive the life of the debt.

What happens if you never pay a debt collector? ›

If you never pay a debt in collections, the immediate consequence is a significant negative impact on your credit score. This derogatory mark can stay on your credit report for seven years, affecting your ability to secure loans, credit cards, and favorable interest rates.

Is national debt relief legitimate? ›

Is National Debt Relief legit? National Debt Relief is an accredited member of the American Association for Debt Resolution (AADR). It has been around since 2009 and has helped over 600,000 individuals reduce their debt. It also has an A+ rating from the BBB (Better Business Bureau).

How can I settle my debt without paying? ›

Get professional help: Reach out to a nonprofit credit counseling agency that can set up a debt management plan. You'll pay the agency a set amount every month toward each of your debts. The agency works to negotiate a lower bill or interest rate on your behalf and, in some cases, can get your debt canceled.

Why should you never pay a charge off? ›

A charge-off can lower your credit score by 50 to 150 points and can also look very bad on your credit report. It signals to potential lenders that you could skip out on your debt obligations for extended periods of time.

How do you scare debt collectors? ›

9 Ways to Turn the Tables on Debt Collectors
  1. Don't Wait for Them to Call. Consider picking up the phone and calling the debt collector yourself. ...
  2. Check Them Out. ...
  3. Dump it Back in Their Lap. ...
  4. Stick to Business. ...
  5. Show Them the Money. ...
  6. Ask to Speak to a Supervisor. ...
  7. Call Their Bluff. ...
  8. Tell Them to Take a Hike.
Mar 26, 2013

What debt collectors don t want you to know? ›

Debt collectors don't want you to know that you can make them stop calling, they can't do most of what they tell you, payment deadlines are phony, threats are inflated, and they can't find out how much you have in the bank. Furthermore, if you're out of state, they may have no legal recourse to collect.

When a business is sold, what happens to the debt? ›

There are three options for how to handle debt at the closing. The seller could pay off the debt with cash prior to the closing. The buyer could assume the debt. The debt could be paid at closing through escrow out of the seller's proceeds before they are released to the seller.

How likely is it that a collection agency will sue? ›

How likely is it that you will be sued for a debt? According to one Consumer Financial Protection Bureau report, 1 in 7 — or about 15% — of consumers contacted about a debt in collections were sued. But the likelihood of a debt collection lawsuit depends on several factors.

What happens if you ignore a debt collector? ›

If you get a summons notifying you that a debt collector is suing you, don't ignore it. If you do, the collector may be able to get a default judgment against you (that is, the court enters judgment in the collector's favor because you didn't respond to defend yourself) and garnish your wages and bank account.

Do I have to pay debt collector or original creditor? ›

In most cases, the original creditor will offer better repayment options than a debt collector will. However, if your debt has been sold to a debt buyer and the original creditor no longer owns it, you'll need to pay the collection agency to clear up the debt.

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