help please. about debts sold to third parties

investor999

I have several debts which have been passed on by the credit card companies to third parties. I have requested (both verbally and in writing) that these third parties send me copies of my origonal credit agreement and statements (during this time I have been making the payments agreed.) this is so I can check the ppi is correct and that the new company is who they say they are.

I know that there is a limited period of time in which they have to provide this, which is set out in section 77 of the consumer credit act...

These companies have now had over 3 months to fill this request but have failed to do so.

I am also a little concerned because I have no proof from the origonal credit company that the debt has been passed on and only the new companies word on this. I cannot call the origonal credit company as I am no longer a customer.

Am I within my rights to withold payments until these documents are provided?? And if they never provide the proof / documents, can I cancel the debt??

Many Thanks

NickX

investor999 wrote: »

Am I within my rights to withold payments until these documents are provided?? And if they never provide the proof / documents, can I cancel the debt??

Yes, if the Debt Collectors cannot produce the original CCA then they have no evidence of your liability for the debt and the debt in unenforceable.

They won't tell you this, they will keep calling and writing demanding payment but in actual fact without the CCA they have no right to do so, and you could report them for harassment.

As 3 months have passed, you could write to the Debt Collectors and state that you notice that they have not been able to produce the CCA requested, therefore you assume that they made a mistake contacting you in the first place and you trust that they will not be needing to contact you again.

Good Luck with this and let us know how you get on.