DrydensFairfax

StopIt

ScaredWitless wrote: »

I have asked for evidence of the debt.

Sent me a copy of a credit agreement which I understand has now been terminated, even though I haven't received any official notice.

Hasn't sent me a copy of the deed or notice of assignment thats been asked for.

So have no proof Max Recovery legitimately owe the debt.

They don't have to, and if they apply for a CCJ, you need to have grounds for a defence if they've already sent the correct CCA paperwork.


To the OP. Tell them to bug off. The debt is gone, alas like the person responsible so they can stop chasing it as it just creates upset for no reason.

ScaredWitless

They haven't sent me any valid proof the debt exists.

Why should I pay for a debt they have no proof like a terminated credit agreement, no deed or notice of assignment, and certainly no default notice?

ScaredWitless

It quite clearly states at the Financial Conduct Authority that when someone purchases a debt off an orioginial creditor they are supposed to provide a notice of assignment to the debtor.

StopIt

ScaredWitless wrote: »

They haven't sent me any valid proof the debt exists.

Why should I pay for a debt they have no proof like a terminated credit agreement, no deed or notice of assignment, and certainly no default notice?

Tell that to a court if/when they issue CCJ papers.


You don't have to convince anyone here, but the courts of your defence if that happens. I care little either way but I can say that personally I would look for better defences and seek legal advice in the occasion of a claim.

ScaredWitless

6.5.2 FCA Consumer Credit Sourcebook says the following:-

Notice of assignment
...................................................................................................... (1) Where rights of a lender under a regulated credit agreement are
assigned to a firm, that firm must arrange for notice of the
assignment to be given to the customer

ScaredWitless

So under section 6.5.2 I have never received a notice of assignment thats been asked for!!!!!

StopIt

ScaredWitless wrote: »

6.5.2 FCA Consumer Credit Sourcebook says the following:-

Notice of assignment
...................................................................................................... (1) Where rights of a lender under a regulated credit agreement are
assigned to a firm, that firm must arrange for notice of the
assignment to be given to the customer

That's for when companies like Wescot manage debts for an Original Creditor, not when debts are sold.


Also, you broke the Agreement by defaulting, and your right to this ceased when the account was closed and sold. Your debt, while a CCA debt, is no longer under the original agreement as that's long gone.

ScaredWitless

So, if there is no valid agreement for this "debt", and they can't or wont produce a deed of assignment, why should I pay for something I feel I dont owe?

[Deleted User]

ScaredWitless wrote: »

So, if there is no valid agreement for this "debt", and they can't or wont produce a deed of assignment, why should I pay for something I feel I dont owe?

They did, when they

ScaredWitless wrote: »

Sent me a copy of a credit agreement

ScaredWitless

Deleted_User wrote: »

They did, when they

The copy of the credit agreement that was sent to me last year is no longer valid as its been terminated.