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Time to pick your brains :0)

mcs1977
mcs1977 Posts: 43 Forumite
Hi guys and girls, a few years ago I owned a house with my then brother in law. Due to a lot of different factors the house was repossessed. When the house was sold at auction there wasn't enough to satisfy all debts secured on it so, after a while GE money sold the debt onto a company called Link Financial who found me and I've been paying £25 a month to them to hopefully clear the balance.

I recently found out they're charging me between £50 and £60 a month in interest when I was advised no interest was being charged. During my discussions with them, through letters not over the phone, I've requested a copy of the original agreement which they state they can't provide yet as its with GE money and will provide it as soon as they get it. I received my last letter from them about a month ago, where do I stand refusing to continue paying as they can't provide a copy of the original agreement and therefore prove the debt is mine? As I've been paying them for about 3 years has that ship sailed?

Martyn

Comments

  • paddyrg
    paddyrg Posts: 13,543 Forumite
    Don't stop paying, keep paying as normal whilst you resolve the situation or you'll only exacerbate the situation. Give them a chance to show you the agreement, then argue the terms if they're not acting in line with that agreement.
  • mcs1977
    mcs1977 Posts: 43 Forumite
    What is the legal time frame for them to provide a copy of the original agreement? I've been asking since October for a copy, in 3 different letters. I do agree about continuing to pay, I'm trying hard to rebuild my credit rating and don't want to be put back another 6 years lol

    Martyn
  • redpete
    redpete Posts: 4,703 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    mcs1977 wrote: »
    where do I stand refusing to continue paying as they can't provide a copy of the original agreement and therefore prove the debt is mine?

    Don't your ongoing payments prove that the debt is yours?
    loose does not rhyme with choose but lose does and is the word you meant to write.
  • CHR15
    CHR15 Posts: 5,193 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Agreed. Why have you been paying this debt all this time if you don't think it is yours?
    It's kind if an admission

    Whatever you do, don't stop the payments
  • Agreed about continuing to pay and I thought about it being an admission to be paying but thought I'd try something as they've not exactly been honest with me. If I'd known about requesting the original CCA a few years ago I'd have done it then. Are they not still required to supply a copy when asked and still within a respectable/governed time frame? And what is the procedure if they don't? I wont stop paying at the moment as I'm still trying to improve my rating and don't want to ruin the past 3 years good work but surely if they have to prove the debt is mine then they should provide me with a copy.
    What happens if they finally send it and it turns out I've not been paying the debt I thought I was?

    Martyn
  • CHR15
    CHR15 Posts: 5,193 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    They can send you a reconstituted copy of the agreement. It won't necessarily show your specific details and signature, this has been upheld through the Courts so even if you do receive a copy, it may not satisfy your concerns.

    Here's a rambling thread about an agreement which is illegible.

    https://forums.moneysavingexpert.com/discussion/3049186
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