Proof of debt

Apple_2

My O/H has a debt which has just been sold by the primary lender to a DCA.

It has been suggested, that without acknowledging the debt, we ask for hard copy proof that the debt is his. I assume that would be the signed loan agreement ?? Anything else ??

Has anyone got a template for this kind of letter ? Letters I've seen on various web sites don't include this ie they are for reduced payments, !!!!!! offers etc.

Many Thanks

IN_LIKE_EVERYONE_ELSE!

This was recently posted by harassed.

Harassed
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You have to write to the creditor, not the DCA (unless the original creditor has sold the debt). Use this form letter, send by Recorded Delivery and enclose a £1 postal order.


Quote:
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.

Apple_2

Thanks for that - it's exactly what I need. :j