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unenforceable debt?

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  • unenforceable debt?

    I did a SAR on my original credit card lender and came across information in my file record that leads me to believe that my debt was written off by the original lender and "accidentally" sold on (unenforceable at the point of sale), so once they realised the error they then made a payment back to the debt buyer. I have this in writing but the way it is worded I don't know 100% for sure as well as what it means for me as far as defending the debt buyer who is still pursuing their Claim. The original lender refuses to deal with me and just passes me to debt buyer, who naturally wont admit anything, and are probably relying on my inexperience in a court.
    I feel like this possible debt write-off issue is my only angle of success.
    If anyone has any experience or input would be very grateful to hear it.
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  • #2
    Originally posted by bettyb View Post
    I did a SAR on my original credit card lender and came across information in my file record that leads me to believe that my debt was written off by the original lender and "accidentally" sold on (unenforceable at the point of sale), so once they realised the error they then made a payment back to the debt buyer. I have this in writing but the way it is worded I don't know 100% for sure as well as what it means for me as far as defending the debt buyer who is still pursuing their Claim. The original lender refuses to deal with me and just passes me to debt buyer, who naturally wont admit anything, and are probably relying on my inexperience in a court.
    I feel like this possible debt write-off issue is my only angle of success.
    If anyone has any experience or input would be very grateful to hear it.
    A debt can be discharged by a third party, so that is possible, however i think that to be able to deal with this youre going to have to provide some further information and possibly documents before anyone could advise fully
    I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

    If you need to contact me please email me on Pt@roachpittis.co.uk .

    I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

    You can also follow my blog on consumer credit here.

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    • #3
      many thanks PT. I can send through the mentioned issue via the attachment I have, that would be fine by me.

      Credit card debt assigned to buyer,
      Buyer starts a Claim pretty much right away,
      No docs provided. They ignore my correspondence.
      My SAR to the original lender did eventually provide me with statements, defaults, assignment, an online agreement piece of paper with incorrect address and credit limit after many attempts. They sent all of this to the buyer too.

      When I questioned the original lender about the lack of agreement they said you've used the card that is the agreement, something along those lines.

      Anyway since the original lender has wiped their hands off the whole issue, the Debt buyer is pursuing enforcement by way of Judgment.

      I have the lack of agreement, but I really want to know about this debt write-off and if the original lender has stuffed up and the debt buyer is taking a chance, and hoping a litigant in person doesn't properly argue this issue.

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