DrydensFairfax

[Deleted User]

Only by your default. It proves the existence of the debt.

A default doesn't make the debt disappear.

StopIt

ScaredWitless wrote: »

The copy of the credit agreement that was sent to me last year is no longer valid as its been terminated.

Yes, and the T&Cs of the CCA agreement will say upon termination by default you'll become liable for immediate payment. Termination of an agreement by default doesn't end your liability under it.

ScaredWitless

As far as I am concerned Max Recovery have not shown me any legitimate reasons why I owe them money by not providing me a with a deed or notice of assignment under the Consumer Credit Act 1974.

So as far as I am concerned the debt does not exist until they can provide me with the valid paperwork that has been request.

It is also an offence under the Fraud Act 2006

Section 3 Fraud by failing to disclose information
person is in breach of this section if he—
(a)dishonestly fails to disclose to another person information which he is under a legal duty to disclose, and

StopIt

ScaredWitless wrote: »

As far as I am concerned Max Recovery have not shown me any legitimate reasons why I owe them money by not providing me a with a deed or notice of assignment under the Consumer Credit Act 1974.

So as far as I am concerned the debt does not exist until they can provide me with the valid paperwork that has been request.

It is also an offence under the Fraud Act 2006

Section 3 Fraud by failing to disclose information
person is in breach of this section if he—
(a)dishonestly fails to disclose to another person information which he is under a legal duty to disclose, and

You can quote all you like.


If a CCJ claim is issued, you need a defence that will actually work. Speak to your local CAB rather than trying to argue the toss here, seriously it wont do any good if these guys try to take your debt to court.

Arleen

Gotta love all those lawyers who have never even seen a course in law. Let us know how the CCJ hearing went!

sourcrates

Only a court can request a deed of assignment, its a plethora of documents, of which yours is only one, among many.

Your debt has not been assigned, it has been sold, from what you have said, the provision of a credit agreement would be evidence enough of liability for a court, the fact you claim it's a terminated agreement has no bearing on anything.

As others have said, they may or may not pursue this, but you will require a better defence than the one stated here, if they do get legal.