proof of debt

THE_LONE_RANGER_4 · 7 March 2006 at 9:37AM

hi, all i have had a in depth talk to a solicitor for my place of work and i thought the following may be of interest to those being harrassed by debt collectors via telephone
if they contact you by telephone and state they now own the debt ask them for documented proof of ownership of the debt or proof it has been assigned to them for collection,
also ask them for a copy of the credit agreament
none of the above is an unreasonable request,if you go to court also ask for the credit agreement to be produced if they do none of the above do not deal with them only the company you owe the money too,this is not an attempt to evade your debt it is you doing things in a legal and proper manner and requesting all concerned to produce the correct documents and more importantly a statement of the account and relevent charges in order that the debt being sought is the correct ammount .
the above chat resulted after i recieved 8 calls at my PLACE OF WORK BY RMA thankfully my employer took a dim view of them and there harrassment

Harassed_2 · 7 March 2006 at 12:03PM

If you find yourself in this situation, the properly formatted letter is below. Write to the creditor (not the DCA), using the letter below. Send it by Recorded Delivery and enclose a £1 postal order in payment of the statutory fee.

I do not acknowledge ANY debt to your company. I require you to supply the following documentation before I will correspond further on this matter.

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee, PO Serial Number xxxxx.

2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

And before any dc feels like chipping in with their 'point of view', any creditor is perfectly at liberty to ask to see a copy of their agreement at any time. And no, it is NOT time wasting. It's a perfectly legimate action to take, especially with debt buyers.

THE_LONE_RANGER_4 · 7 March 2006 at 12:27PM

yes i agree my works solicitor stated the debt collectors may well complain it is time wasting etc but that is not the issue ,the issue here is the debtor is requesting documents which should legally be produced by the collctor if asked to do so and until the dc produce the documents then they are indeed guilty of harrassment especially if the debtor disputes all or part of the debt .....when a person gets in to debt he is still PROTECTED BY THE LETTER OF THE LAW which certain debt collecting agencys seem to think is not the case ,so therefore perhaps there staff need to be educated to the letter of the law

proof of debt

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