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Taking debt recovery company to court

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Hi,

i am looking to take a debt recovery agency to court for documents they are unable to produce (i have now been chasing them for 5 months for these documents)
I also want to know if i can charge the company with the costs of going to court.
I have been chasing them for months and this is my final step.

Can someone please advise.

Thanks

Comments

  • molerat
    molerat Posts: 34,555 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    What are you wanting to take them to court for ? Producing documents is not something for the small claims track. What financial losses have they caused you ?
  • doomc23
    doomc23 Posts: 19 Forumite
    They are affecting my ability to get a mortgage along with my wife. On my credit rating this is the only red mark i have against my name. It is also an unjust one at it.

    My reasoning for bringing them to court is because there is no accountability with this debt. No paper trail, no nothing. When i asked the company 5 months back to show me where this debt had come from they were unable to produce the documents"

    it came from a santander account i closed 4 years ago at £0. I was then sent a letter (8 months later) saying that i owed santander £688.
    When i contacted santander to ask why this was i was informed that it was down to a sky bill that was due to come out of my account. I did pay that will so im not sure how this happened. Anyway, supposedly this was just a £30 charge and it kept snowballing as i didnt pay the £30 (I knew nothing about) and so on and so on.
    When i called into the bank to speak with the manager they informed me that i had to pay the fee. I asked why i was never told when i was closing the account that these would still be direct debit or why wasnt i informed sooner before it reached this unpayable amount.

    If i got a loan from the bank i would have felt morally obliged to pay it but i wasnt paying back something that i never borrowed.

    It was then passed on to robinson way where i left it until the past 6 months as i now am applying for a mortgage.

    I was young and never taught how a bank operated, to screw the people. I always just thought it was there to store my money. These are things that should be taught in school. Anyway, i now have a bit of insight and i want to fight this. Any advice would be much appreciated. The road i have taken is for this company to show documents which until this day the cannot.

    Thanks all
  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    I would take some legal advice, or at least ask for opinion on some consumer legal forums before you issue court papers against a company for something like this.

    It can get nastily complicated and expensive, as Durkin v DSG Retail showed.
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
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