Is FIRE stupid ???

CLAPTON

as i asked, what do you want to achieve

e.g.
do you doubt that the debt actually yours

do you accept its yours but hope they dont have the original agreement and so making the debt unenforceable

is it an old debt and you want to use the statute of limitation to make the debt unenforceable

Money-come-lately

So what I really need is a template letter to deal with letter that I have recieved from FIRE.

Anybody have any ideas?

Money-come-lately

Maybe someone has been in this situ before?

Money-come-lately

Anybody with a template letter to send in this situation?

CLAPTON

not a template but write back making reference to your original letter and their reply and pointing out that as they have failed to provide the information requested in your original letter within 12 days so the the debt is unenforceable, additionally if they do not provide the information within 30 days they are committing an offence.

Money-come-lately

Thanks CLAPTON.
I've now written this letter.

I've sent a few letters to DCA's requesting signed copies of my original credit agreements.

So, if they cannot produce after 12 days (working days or total no of days?)
they cannot do anything about it in terms of CCJ's Bankruptcy?

I made a £25 payment to one of these DCA's a few weeks ago as they were bullying me with threats of bankruptcy. If this DCA cannot provide a copy of the credit agreement will they also be unable to take legal action to recover the debt?

CLAPTON

English law is never as simple as that. In the end, the judge decides but not being able to produce the original agreement will not help their case.

If you have previously paid money to them, then it may, just may be seen as admission that you owe the money.

However, dont be too sure they wont find the agreement.

Money-come-lately

Yes, I'll take all that into account - Thanks for that.

Just out of interest, I wrote to one DCA asking for a copy of the credit agreement - they have not yet replied. However in the meantime can they press ahead with petitioning for my bankruptcy?

Xbigman

Yes they can but as part of the court case they would need to prove the debt was yours, so the court paperwork would include the agreement.

As already asked, what are you trying to achieve? If you are massively in debt and trying to fend off bankruptcy asking for copies of agreements will not work. If the bankruptcy threat is nothing more than a scare tactic then its nothing to worry about anyway.
Regards



X

Money-come-lately

Well, thats the thing. How do you know if they are serious or not?

At least if they cannot provide a copy of the credit agreement to me then I know that they cannot go for bankruptcy. Or maybe I am being naive?:o