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Advice...

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  • Advice...

    Hello all.
    I am new to this site and am loking for some advice.
    I have old debt from a past relationship (in my name, taken out under duress, defaulted in Jan 2010) that reaches six years in Jan 2016.
    The Debt collection agency cannot provide me with the signed agreement.
    I was looking to find more information about my rights, and was thinking about seeing a solicitor/lawyer to see what my options are, and what else the DCA can do at this stage.
    Thank you for reading.
    Tags: None

  • #2
    Re: Advice...

    If the debt collection agency cannot provide you with the agreement they cannot enforce the debt.

    If this continues through January then you could be statute barred - which DCA is it with (then we'll have an idea if they are likely to try court action)

    If they find the agreement and provide it to you, then it can be checked to see if it is compliant with the consumer credit act. If it is, and you want to fight, then we could look into the circumstances surrounding you taking out the loan.

    With regards if they did try taking it to court, then they would still have to come up with the agreement and default notice and evidence the debt is owed.

    Do you own your own home?
    Approx how much is the debt ?
    #staysafestayhome

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    Comment


    • #3
      Re: Advice...

      Originally posted by Amethyst View Post
      If the debt collection agency cannot provide you with the agreement they cannot enforce the debt.

      If this continues through January then you could be statute barred - which DCA is it with (then we'll have an idea if they are likely to try court action)

      If they find the agreement and provide it to you, then it can be checked to see if it is compliant with the consumer credit act. If it is, and you want to fight, then we could look into the circumstances surrounding you taking out the loan.

      With regards if they did try taking it to court, then they would still have to come up with the agreement and default notice and evidence the debt is owed.

      Do you own your own home?
      Approx how much is the debt ?

      Thanks Amethyst for your prompt reply.

      The debt is £14,000

      With MKDP - who could not provide the agreement - now I'm informed its been reassigned to Raven Recoveries

      I am not a home owner.

      Comment

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