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ownership of debts

After running into debt whilst seriously ill around 1997, I agreed to pay a few pounds a week to my creditors, and did so for years. Then the debts got sold off to other companies multiple times. I then had another series of medical crises, and a relative took over my financial affairs, continuing to pay the agreed amounts from my bank account. Unfortunately he got into a muddle. When I recovered enough to investigate, I found several discrepancies in the demands for payment including being charged twice for the same account and for one that was not mine. By this time the debts had been bought by one particular firm.
To clarify the situation I have asked for copies of the original agreements on the debts, to ascertain their ownership. The Company has said that they cannot provide these owing to the age of the debts. Do I still have to pay them if they cannot provide this information?
I would be grateful for any advice.

Comments

  • Brie
    Brie Posts: 15,501 Ambassador
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    If they can't prove you owe them they can't enforce the debt.  Stop paying and see what they say.  
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  • RAS
    RAS Posts: 36,115 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Please just stop paying them. They need the correct documentary proof of your debts. Many will be covered by CCAs, some may not. 

    If they sell on the debt, it's possible that the new creditor will ask for payment, so send the Prove it letter. 


    If you've have not made a mistake, you've made nothing
  • fatbelly
    fatbelly Posts: 23,233 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Cashback Cashier
    I agree. Stop paying and report back here if anyone kicks off about it.
  • sheenas
    sheenas Posts: 194 Forumite
    100 Posts First Anniversary
    In many cases when debt is sold on , they don’t have the paperwork. The agreement or a copy is required and if they don’t have it then they can’t enforce payment. It’s been a very long time and it’s seams likely they are incorrectly charging you, so ask them for a copy of the original loan agreements before paying any more money. 
  • sourcrates
    sourcrates Posts: 31,956 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    Yes, agree with all of the above, in situations such as this, were the lines seem particularly blurred, the best course of action is to stop paying.

    The debts current owners will them write to you, so you can then ascertain your position with each account.

    If a certain creditor has not produced evidence of your liability, that renders the debt unenforceable in court, and you can just stop paying them.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
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