Debt Collection Agency Failed to provide copy of original loan agreement

MrM75

Hello all, I wonder if anyone can help me.
A number of years ago I got into a bity of financial difficulty which resulted in me taking out a number of loans etc. eventually I defaulted on most of these and some were passed onto a collection agency. I have been making regular payments to a company but a few months ago I requested copies of my original loan agreements as I wanted to check if the correct checks had been carried out. Anyway it's coming up to three months now since I requested these documents but thus far the debt company have been unable to provide copies, my payments have been paused but i just wondered where I now stand. I guess I have two questions:
1. If they can't find the original documents it's my understanding that they can't legally enforce the debt? is this the case?
2. if they can't find the documents can i claim back any monies already paid to them or am I best just leaving it?
Any help appreciated. 

sourcrates

A request for information under sec 77 of the consumer credit act, can take a while to be actioned.

The guidelines state 14 days, but in practice it can take much, much longer.

This is because the paperwork always remains with the original creditor, even when a debt is sold, lenders typically keep your information for up to 6 years, but that is not always the case.

Was your debt sold, or is the company collecting your payments just acting on the creditors behalf?

Best advice is give them 6 months, and if nothing has arrived by then, send a reminder.

Your debt is unenforceable in court until they do respond to you, however long that may be, failure to produce documentation under sec 77 only removes the lenders right to take legal action, the debt is still owed, just unenforceable, so no, you can`t claim any payments back from them.

MrM75

I'm not sure if the debt was sold or not, but thanks for the answer, I did think that would be the case, so fingers crossed they have lost them.

retiredbanker1

They don't have to be original documents - they could reconstitute an agreement so don't celebrate just yet.

The Court case was RBS v I can't remember I'm retired LOL

sourcrates

retiredbanker1 said:

They don't have to be original documents - they could reconstitute an agreement so don't celebrate just yet.

The Court case was RBS v I can't remember I'm retired LOL

RBS V Carey, yes a recon copy would be perfectly acceptable.