BW legal

[Devlin1]

Have been chased for a debt by above company not certain if the debt is mine so wrote to above company for full disclosure of debt which I believe they are legally obliged to do so, did not comply , next I heard was a court order .based my defence on these facts question is are they legally obliged to give me this information //????

[Law Student 1]

@ULA @Celestine
Hi,

All creditors are legally required to send a debt validation letter which outlines the details of the debt, are you sure you did not receive this letter? If the company has not sent this letter then they cannot seek a court order, and yes they are legally obliged to give you this information. Another solution would be to contact the company let them know your situation and ask them whether they can withdraw the court order and sort the problem out without involving the courts.


Hope this helps

[EnglandPi]

Is the court order sealed by the court? The seal looks like a round rubber stamp mark with the name of the court on the inside edge of the mark.

Have you received a pre action protocol for debt claims together with a reply form and a financial questionnaire?

Is the document entitled court order or something else?

[Leigh1234]

Yes they are required to provide details of original creditor, however in my mind this is the massive loop hole they manipulate..and the FCSA either allow it or do not have enough complaints/reference to this activity to take action. I too was a little baffled by a debt letter, so asked who the original creditor was. 8 months later, after responding to court letters to the same effect and it basically not having a bearing, therefore CCJ issued, I received a letter telling me the OC...which was just another debt company so didn’t shed any light. The CCJ had £100 added to it for me receiving this information. Listed on the breakdown as client request for investigation!!!
this proves another loop hole. When a debt is defaulted, the debt collector who it has been sold to should detail the default date on your credit file as the actual default date from creditor. As I’m sure many have experienced they enter the default date as the date the received it...plus the fact that those collection agencies will then sell it again once it reached 6 years...the 2nd agency then report to your file from that date, meaning many debts are on our files for in massive excess of 6 years! More needs to be done about this. A change.org petition I’m thinking. Who’s in?

[Matty B]

I personally have never had a default date changed when an account has been sold. Often it seems, people who say this has happened are misreading the CRA report. If it does happen, a complaint and compensation should be forthcoming