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This is my first ever post to a board so hope you will excuse if I get things wrong.
Story so far:
I sold my share in a business partnership in 2006 with the proviso that this was a full buy out including the remaining partner taking over all debts and responsibilities - A loan had been taken out in 2005 under both names. Documents were sent to bank and they agreed verbally to remove my name from this joint loan. Last year, the owner of the business became ill, later died the business was closed. The family of the deceased are trying to sort out my ex partner's affairs. He did leave debts, including monies owed to myself but they will have some proceeds from the sale of his house to fall back on should they ever be able to sell it in todays climate.
Early Feb I received what looked like a phishing letter, I ignored this but read up about the company on the internet. Waited for the next letter duly received from a Debt Collection agency. I also received phone calls which I refused to answer. The letter was threatening in tone and gave no indication of what the debt was for. To my knowledge there was no debt outstanding. Looking at different threads regarding this company and how to respond, I sent them a without prejudice, prove it letter. Their response was to send a copy of a statement purporting to be from Lloyds TSB showing details of payments of this joint business loan from which my name should have been removed. Of course, it had not been and with my ex business partner's death regular payments had ceased. They are not asking for too much, but that is not the point. Why did the bank not approach me in an acceptable manner, I would not have liked it, but I would have appreciated it better than what is being done.
I was not sure how to progress this issue but because this company is not giving me much time to respond appropriately I was going to send a CCA letter or a SAR letter (think I have that right) requesting any information relating to this loan as appertaining to myself, I do not have a copy of the agreement, which incidentally the papers were brought to the premises for signature. However, overlooking the statement information this company has sent, I have noted that on the 3rd page of the statement is headed with another person's name same account number. This person seems to have continued paying this account as the final entry at the end of page 4 of 4 is £0.00. I really dont know what this is about - has someone paid the account on my ex-business partner's behalf. In which case why is the DCA trying to claim monies. Could this loan have been sold on, in which case why pay it off? Not sure where to go from here. Can I argue that this account has been paid in full by a.n.other or do I continue on the original route and ask for a CCA disclosure to procrastinate a bit whilst I take advice. I am also not sure if I request a SAR what info I can request as I am an ex business partner. I would have liked to view the agreement and terms and conditions to find out where I stand. Dont even know if it had insurance attached or even if that would make a difference. Also I would like to know how this other person figures in the story. (Seems to be a private address not a company) I even wonder if the DCA has not contravened the data protection act by sending this statement with another person's name displayed, although thats probably trivia.
A bit jumbled I know but any guidance would be appreciated.
Story so far:
I sold my share in a business partnership in 2006 with the proviso that this was a full buy out including the remaining partner taking over all debts and responsibilities - A loan had been taken out in 2005 under both names. Documents were sent to bank and they agreed verbally to remove my name from this joint loan. Last year, the owner of the business became ill, later died the business was closed. The family of the deceased are trying to sort out my ex partner's affairs. He did leave debts, including monies owed to myself but they will have some proceeds from the sale of his house to fall back on should they ever be able to sell it in todays climate.
Early Feb I received what looked like a phishing letter, I ignored this but read up about the company on the internet. Waited for the next letter duly received from a Debt Collection agency. I also received phone calls which I refused to answer. The letter was threatening in tone and gave no indication of what the debt was for. To my knowledge there was no debt outstanding. Looking at different threads regarding this company and how to respond, I sent them a without prejudice, prove it letter. Their response was to send a copy of a statement purporting to be from Lloyds TSB showing details of payments of this joint business loan from which my name should have been removed. Of course, it had not been and with my ex business partner's death regular payments had ceased. They are not asking for too much, but that is not the point. Why did the bank not approach me in an acceptable manner, I would not have liked it, but I would have appreciated it better than what is being done.
I was not sure how to progress this issue but because this company is not giving me much time to respond appropriately I was going to send a CCA letter or a SAR letter (think I have that right) requesting any information relating to this loan as appertaining to myself, I do not have a copy of the agreement, which incidentally the papers were brought to the premises for signature. However, overlooking the statement information this company has sent, I have noted that on the 3rd page of the statement is headed with another person's name same account number. This person seems to have continued paying this account as the final entry at the end of page 4 of 4 is £0.00. I really dont know what this is about - has someone paid the account on my ex-business partner's behalf. In which case why is the DCA trying to claim monies. Could this loan have been sold on, in which case why pay it off? Not sure where to go from here. Can I argue that this account has been paid in full by a.n.other or do I continue on the original route and ask for a CCA disclosure to procrastinate a bit whilst I take advice. I am also not sure if I request a SAR what info I can request as I am an ex business partner. I would have liked to view the agreement and terms and conditions to find out where I stand. Dont even know if it had insurance attached or even if that would make a difference. Also I would like to know how this other person figures in the story. (Seems to be a private address not a company) I even wonder if the DCA has not contravened the data protection act by sending this statement with another person's name displayed, although thats probably trivia.
A bit jumbled I know but any guidance would be appreciated.
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