Legal action pending?

mr_jma

:eek:

I had an old credit card debt which I have disputed over the past three years. The bank was in default of my CCA for long time, then out of the blue a credit agreement was sent to me. I was advised that the agreement was unenforcable as it was a microfiche copy and was illegible. I have been told that it will not be given to a court for evidence, is this true or are all copies acceptable by the courts?

I have been given 7 days to respond to a letter direct from a solicitor that was sent late so I only really have 2 days, is this a usual tactic? I'm not sure how to respond so would appreciate any advice on how to proceed.

vax2002

Only legible ones.
the solicitors trick is to get you under instruction, it makes bullying you easier.
Now how old is this debt ?
Do you actually know when you stop paying ? What year and month.

fatbelly

Is this a real solicitor or a debt collection agency?

mr_jma

I have a letter from the bank dated 29th September 2008 so it would be just before that when I stopped payments.

I never claimed any late payment fees back but would like to do so to reduce the amount. If i was successful in getting the fees paid back will this count as a payment?

mr_jma

It's geofery parker bourne {sp} and it's direct from their office. The one before that was from the dca {iqour} using the gpb leterheaded paper.

fatbelly

mr_jma wrote: »

It's geofery parker bourne {sp} and it's direct from their office. The one before that was from the dca {iqour} using the gpb leterheaded paper.

I think that makes it less likely that there is a genuine intention to test enforceability in court.

Do iQor now own the debt - or are they still referring to the bank as their client?

mr_jma

fatbelly wrote: »

I think that makes it less likely that there is a genuine intention to test enforceability in court.

Do iQor now own the debt - or are they still referring to the bank as their client?

It says "Client: Iqor" and "Creditor": HBOS".

What does under instruction mean and what happens if I reply to their letters, am I then under their instruction?

mr_jma

I was about to write back to the solicitor stating the account is in dispute, is this the right thing to do or is it best to ignore them?

fatbelly

In most cases GPB is just a letterhead used by iQor - does the letter not say 'don't reply to us, reply to iQor'?

You presumably would have told HBOS that you were stopping payment because you regarded the account as unenforceable in 2008 and their 6-year window for testing this in court started then. You must be careful not to extend that period by acknowledging the debt

It appears that HBOS still owns the debt. iQor will probably pass the debt back when they have exhausted their standard letters, but court action can't be ruled out. If you must write, start your letter with

I do not acknowledge any debt to you or any other company or organisation that you claim to be representing.

chanz4

cant be hard for them to blow the copy up, think your clutching at straws

nottoolate

chanz4 wrote: »

cant be hard for them to blow the copy up, think your clutching at straws

:rotfl: :rotfl: :rotfl: :rotfl:

they can blow it up as a giant poster and plaster it all over the court building

if its illegible then its illegible at any size and shouldnt be enforced

if it not a valid agreement then it wouldn't make one bit of difference. no matter what size