Im new and really need help and advice

mimiata

hi im new and dont know where to turn .
I will try and keep it short,basically my husband was in debt 5 years ago(before i met him)he got gregery pennigton to help him.He to his understanding past all the paper work over to them and everything was settled in 2003.
In jan this year his parents started getting really nasty letters addressed to my husband saying he has payied a loan of 3k,if he didnt pay then bailiffs would come out,we contacted the debt company and greg pe who said they had payied it not to worry.
To cut it short we found out the the bank didnt present greg pe the paper work,he does owe the money, can after 4 1/2 years can they ask for the money back,im paying them £15 month starting tomorrow,when ive asked where the debts been for 4 years i get told its been sold on to different firms!
I hope you can understand this,im so worried that we are going to get a knock at the door,the only thing we have worth anything is the car,but my mum is in wheelchair and my son has cerbal palsey so i need it.
Please can anyone give me advice thanks

catewithers

Hi Mimiata,

I'm sorry you've had this come and bite you out of the blue - really harsh. I'm not sure I can offer much advice but wanted to bump you back up the list so others who know more will see you.

My understanding is that they can ask for debts to be paid up to 6 years after the last time you acknowledge the debt - wither by admitting it in writing or by making a payment - someone please correct me if I'm wrong. Therefore they have the right to demand payment.

However, you may want to pursue the course of requesting a copy of the original Consumer Credit Agreement (CCA). Again, someone else will know more about this and I hope they will correct me if I'm wrong, but my understanding is that if they can't do this within a certain period of time (28 days?) then they have committed a criminal offence and are not legally entitled to pursue the debt.

CLAPTON

i'm afraid i dont really think i understand fully what you are saying:

but

a. have they provided a copy of the original signed credit agreement

b. have they provided a copy of the statement of account

c. have they provide documentation showing they owns the debt now.

if not then i would not commence payments until they provided satisfactory documentation
If you do then you are acknowledging the debt which i would suggest is not appropriate until the above points are clarified.

mimiata

thanks for replies,when we ask for proof all the debt collections agency say are you calling us a lier.
No one is willing to help us,yes we owe the money ive found out but after 4 years of nothing can they just ask for it back .
Cant sleep with worry that bailiffs are going to come as they keep threating us with this.

Hermione54

I am afraid they can ask for it back within six years of your last payment or acknowledgement of the debt. However, afaik, they cannot send the bailiffs round without a court order and a chance for you to plead your case before a County Court judge.

angelavdavis

Hi Mimi,

Sorry to hear you are so distressed from this situation.

Firstly, it is clear they are using bullying and scare tactics to try to frighten you into making payments to them.

Your husband will need to write to the original bank he owes, sending a copy to the debt collection company. Go to the post office and get a £1 postal order made out to the bank and enclose this in the letter to the bank.

I found the following letter on a similar thread:

YOUR NAME & ADDRESS

Reference: xxxx
Debt Managers ref: xxxx

Recently I have received a letter from <debt company name>, operating on your behalf to collect the above mentioned debt. Please be advised, 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 xxxxxx.

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.

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.

Yours faithfully

_______________________________________

I then suggest you wait to see what happens. As discussed, the debt company can't just send bailiffs round. Next time they phone, say you are not prepared to deal with them until your letter has been answered by the bank and that if they continue to harrass you and your family, you will have no choice than to report them to the Local Trading Standards office for breach of the Protection from Harrassment Act, 1997. If necessary, follow this up with a letter confirming the telephone conversation.

If they still continue - REPORT THEM (Trading Standards are in the phone book).

If you feel you need support in this matter, I suggest you visit the Citizens Advice Bureau who can assist you in this.

lixi

"thanks for replies,when we ask for proof all the debt collections agency say are you calling us a lier."

Say yes! You are entitled to see evidence of the debt that they are claiming you now owe them by virtue of whatever assignment they took. Statute provides for this - who are they if they can't produce it?! I certainly wouldn't pay them a penny until they produced all evidence to satisfy you that they can give you a proper receipt for the money apart from anything else.

I think the behaviour of these sorts of companies is absolutely shocking. It is equivalent to some guy called "Joe" (for example) turning up on your doorstep and saying something to the effect of "oi you know that £100 you borrowed off Sam a couple of years ago, well now you owe it to me so pay up and with lots of charges on top". I think you would tell him to sod off unless he proved it to you...

Lixi

angelavdavis

Just found the Payplan web link telling you about Bailiff Law, so you can quote this next time they threaten you:

http://www.payplan.com/debt-library/bailiffs-bailiff-law.php

In addition, Payplan also have a page relating to Harrassment:

http://www.payplan.com/debt-library/bailiffs-harrassment.php

angelavdavis

Oh, nearly forgot - send both letters Recorded Delivery so you have proof of their receipt in case they deny receiving the letters.

Arwen

I would also get your husband to complain to Greg pennington. If they asked for the paperwork and then didn't follow it up properly, then they havent dealt with your husbands case,making him in a worse position than he was before. He aslo paid for this cr*p.
Get some of the fees back.

mimiata

Thank you everyone for taking the time to read my thread and replying it really means alot xxx mandy