Sharp practise?

Bell_2

I need some advice and hope people are not too hard on me as I am a new member. I have had serious debt problems for some time due mainly to the break up of a relationship.
There are two main debts left at present both of which are owed amounts in the region of 4K. I am attempt to take stock of my position and plan for the future, I took the advice I had read on this forum some months ago and asked both companies to send me an up to date copy of my account with details of money paid to date and outstanding balance and a copy of my original credit agreement. Both companies Cabot financial and Interm Justica sent letters saying they did not hold information as they were not original credit holders, but they had contacted the companies to ask for copies. Some 2 months have passed and neither company has sent me anything, so I stoped making payments. I have now had the usual letters saying to contact them, I phoned both and said that I would make payments as soon as the supplied me with the information I asked for under the 1974 consumer act. Cabot have since not been in touch but IJ called today and a women was very aggresive, asked me why I wanted the information and said they were starting legal action to make me bankrupt.
What I need advice on is if they are unable to give me copies of the original documents can they take me to court, because I have been paying these debts off slowly for 6 years, would a court say that even though the companies can not produce paper work, I have admited liability by making payments.

jen30_2

:wave: Hi Bell, I can't really help you with this but just wanted to say HI:wave:

I'm sure someone will be along shortly to offer you some great advice.:D

Welcome to the site.

Jen

Wilkinson_Sword

Could you not write to the original debtors asking for this information?
It seems that the companies you've written to already are mearly collecting the debt on behalf of someone else

bargainbetty

Hello Bell,

If the nasty lady calls back, get her full name and that of her manager. Inform her very politely that you have requested information that you have every right to under the Data Protection Act, and that by withholding this information she and the organisation are acting illegally. Tell her that untill you receive this information, in writing, you will continue to withhold payment.
make sure you put all this in writing too, and send it recorded delivery.

Finish by requesting (on the phone and in writing) that they restrict their communications with you to letters. Consider any further phonecalls harrassment.

Say you look forward to receiving the information requested and politely end the call.

They are using intimidation techniques, and by deliberately withholding information they are damaging any court actions they may wish to undertake. Silly beggars.

Good luck sweetie!

x

terriblesaver

Poor you Bell but well done for asking for help. As said above, they have no right to be rude to you and they have not supplied the info requested so I would contact the original debtor for info. We have done this with numerous creditors who seemed embarrassed that the people that they had asked to chase the debt were unhelpful, unwilling and rude to boot.

Take each day at a time and keep smiling
x

Bell_2

Thanks for the advice regarding how to deal with the calls etc. Do you have any thoughts on the matter of them not being able to supply me with the original agreement. I had read on the forum that without it the debt is uninforcable. Which would be great, but my worry is that because I have been paying it off for six years the court would say that I had accepted liability.

Dr.Shoe_2

This is true but they cannot take it to court unless they have a copy of the original credit agreement and a "deed of assignment" which could be in the form of a letter from the original lender authorising them to take over the collections. You should have recieved a letter from both the original lender informing you that the debt is being passed to a DCA and a letter from the DCA telling you that they will be dealing with you from then on.

***YOUR ADDRESS***

***THEIR ADDRESS****

***DATE***
Dear Sir/Madam (or name if known)
Re:− Your Ref: XXXXXX

Concerning your letter of XXXXX, I do not acknowledge any debt with your company. I note that you are acting on behalf of XXXXX.

I would be grateful if you would send me a copy of the original credit agreement and deed of assignment. I understand that under the Consumer Credit Act 1974 (Sections 77−79), I am entitled to receive a copy of my credit agreement on request. I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

I understand a copy of a credit agreement should be supplied within 12 working days.

I understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.



Yours sincerely (or faithfully if you know them by name)

***YOUR NAME***

rog2

Do as suggested by Dr. Shoe. It looks as if you have already asked for this information, but not formally. If they do not comply within 12 days, then their 'failure to comply with your request' is a criminal offence, wether or not they are the original creditor' and you are entitled to report them to the relevant statutory authorities (see Consumer Credit Act 1974).
A credit agreement which is not properly documented and signed by the customer is totally uninforcable under the terms of the CCA and, therefore, is a complete defence to any court claim that is issued.

sparkle84

Dr.Shoe wrote:

This is true but they cannot take it to court unless they have a copy of the original credit agreement and a "deed of assignment" which could be in the form of a letter from the original lender authorising them to take over the collections. You should have recieved a letter from both the original lender informing you that the debt is being passed to a DCA and a letter from the DCA telling you that they will be dealing with you from then on.

***YOUR ADDRESS***

***THEIR ADDRESS****

***DATE***
Dear Sir/Madam (or name if known)
Re:− Your Ref: XXXXXX

Concerning your letter of XXXXX, I do not acknowledge any debt with your company. I note that you are acting on behalf of XXXXX.

I would be grateful if you would send me a copy of the original credit agreement and deed of assignment. I understand that under the Consumer Credit Act 1974 (Sections 77−79), I am entitled to receive a copy of my credit agreement on request. I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

I understand a copy of a credit agreement should be supplied within 12 working days.

I understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.



Yours sincerely (or faithfully if you know them by name)

***YOUR NAME***

Make the £1 by postal order and not by a cheque