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

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

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.

Do I have to pay a debt if it has been sold? ›

Unpaid debt doesn't go away. Until the debt is either paid or forgiven, you still owe the money. This is true even if it's a credit card debt that is sold to a collection agency and even if you think it's unfair.

Can a creditor sell your debt without your permission? ›

Your creditors can transfer and sell your debt to a collection agency without your permission. Creditors may choose to sell a debt — often for far less than it is worth — because they do not believe you will pay what you owe. Selling the debt can help them recoup at least some of their investment.

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 long before a debt becomes uncollectible? ›

4 years

Is it true you don't have to pay a collection agency? ›

If you don't pay a debt collector or collection agency, you'll likely face increasing efforts to collect the debt via phone calls, letters, or even social media contact. Not paying a debt in collections will also hurt your credit score. If you don't pay, the collection agency can sue you to try to collect the debt.

What happens if I pay the original creditor instead of collection? ›

Generally, paying the original creditor rather than a debt collector is better. The creditor has more discretion and flexibility in negotiating payment terms with you. And because that company might see you as a former and possibly future customer, it might be more willing to offer you a deal.

How can I get a collection removed without paying? ›

If there are negative items on your credit report but the information is accurately reported, you can write a goodwill letter to ask the creditor or collection agency to remove the collections account from your report. This isn't guaranteed to work, but it won't hurt to ask.

What not to say to debt collectors? ›

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.

What is the Rosenthal Act? ›

The California statute is called the Rosenthal Fair Debt Collection Practices Act. Creditors and debt collection agencies are permitted to take reasonable steps to enforce and collect payment of debts. That is because an efficient and productive economy requires a credit process.

Can debt collectors take money from your bank account without permission? ›

Debt collectors can ONLY withdraw funds from your bank account with YOUR permission. That permission often comes in the form of authorization for the creditor to complete automatic withdrawals from your bank account.

What is a drop dead letter? ›

Send a 'drop dead' letter

You have the right to ask them to stop contacting you. To do so, you can send what's sometimes referred to as a “drop dead letter” — a written notice to the debt collector informing them you want no further contact. By law, debt collectors are required to follow this request.

How do you 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 called debt trap? ›

The debt trap is a situation where you've been forced to take on more borrowings in order to pay off your existing debts. Eventually, you're stuck in a situation where the debt spirals out of control and exceeds your capacity to pay it off.

What happens when a company sells your debt to a collection agency? ›

If You Owe Money

The creditor will sell your debt to a collection agency for less than face value, and the collection agency will then try to collect the full debt from you.

Can a debt sent to collections be reversed? ›

Your original creditor may be most willing to take your debt back if you have already worked out a plan with your debt collector and begun repaying what you owe. However, there's no guarantee that the creditor will reaccept the original debt.

What if a charge-off is sold to a collection agency? ›

A charge-off doesn't mean collection efforts will stop. Instead, the new owner of the debt—the debt collector—will continue to take steps to collect on the account.

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