Uk default recovery / debt collection letter

claire21

My partner and his wife seperated 4 years ago and he left the home.
He has just recd a letter sent to his old address from uk default recovery asking for £5051 for CL finance ltd. He remebers he and his wife did have a loan for £2000 and presumes this is it.
His ex wife says this is the first letter about the non payment of loan recd since he left the marital home and she stopped paying the loan, 4 years ago.

What should we do? He has no paper work on the original loan.

rog2

He needs to write to the dca stating firstly that 'he acknowledges no debt to them' and requesting that they provide him with a true copy of the original signed credit agreement and any letters of assignment. They have a limited time to respond - I think it is 12 days, but stand to be corrected.

claire21

Anyone else got any advice please?

CLAPTON

Unless he/they intend ignoring the letter (as it isn't addressed to his current address) then they are both responsible for the debt.

Who ever is taking responsibility for resolving the matter needs to establish that the debt is their's.

So the first step is indeed to confirm details of the claim.. maybe this claim is nothing to do with their outstanding loan and he is just jumping to conclusions... well why would you pay an unknown company with no paperwork 5K?

its very important not to acknowledge the debt at this stage so something like this might be suitable


I/we acknowledge no debt to your company or client. I require you to provide the following documentation before I can correspond further.

You must provide me with a true copy of the alleged agreement you refer to and a statement of account. This is my right under the Consumer Credit Act 1974.
I enclose a Postal Order no.xxxxxx for £1 which is the statutory fee.

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and is therefore a complete defence to any court claim.

Please note that any legal action you may take will be vigorously defended.

As you know you are obliged to provide the documents within 12 days otherwise the alleged debt is not enforceable in law and your failure to provide the documents within 30 days is a criminal offence.

BettyRubble

Hi,

It might also be worth getting a credit report from experion as any outstanding debts will be on there. You can sign up on line and get it instantly I think.

smashedbooboo

You really need to get credit report from all three agencies. Sometimes there is differant info on each agency. Send off for them dont do it online. Its only 2.00 by post for each one. If the DCA dont provide you with requested info then report them to relevant authorities. if you count your first request as 12 days plus 2 for posting and recieving, if they do not supply true copy of agreement within this time then they are in default, Another 30 days it is then they are in criminal type stuff. Huge fines for this sort of thing. Do not talk to them on the phone and do NOT acknowledge the debt at this stage. The amount they are asking for could well have a pile of charges on it. So once info has come back then you could start to claim these back. Was there a ccj on this account. This is the only time when there could be cocmplications. Even if they cant come up with info the ccj can always be chased, it might drop off your credit file but it can still chased until paid. I will double check that but i am 99% sure on that one.

smashedbooboo

And yes i useless at spelling. sorry x