Debt over 10 years old

[Jasper1965]

, they are not obliged to keep records indefinatley, and that due to a change in their archiving procedures, it was unable to locate a true copy of the legal agreement relating to the account. so they provided a re-constituted template of the loan agreement which related to a standard homeowner agreement, as such the address on the information was fictitious? no signatures either. and are saying that I am liable for the debt?

 

Despite judge Waksman giving these odious companies extraordinary priviledges in respect of reconstituting agreements he did at least quite clearly state that any such reconsituted agreement should be accurate and a fictitious address makes this recon agreement not only wholly worthless but possibly fraudulent.

 

There is in my mind a clear difference between a genuine attempt at reconstituting an agreement and a fraudulent attempt. It might be worthwhile contacting your local police force and informing them that a company is trying to get you to pay them £30,000 on the back of some obviously forged documents.

[Jasper1965]

It might also be worthwhile to write back to the OC enclosing both a copy of this dodgy agreement and a statement of truth for them to sign to the effect that this document is a true reconstitution of the original document. Tell them it looks nothing like anything you might have signed.

 

The OFt will probably be interested in this now as it is clearly a deceptive and therefore "Unfair business practice".

[Jasper1965]

Just write to tell them you are slightly concerned that the document they've issued bears no resemblance to any other document you hold or can remember signing yet the DCA are attempting to force you into payment on the back of this document. Could they kindly confirm by a statement of truth from an officer of the bank whether or not this is a true copy of the agreement which you would have signed at the time please and also formally confirm whether or not the original document exists?

 

Your situation sounds very messy, if you can get them to confirm that this wholly unenforceable document is a true copy this would cause the DCA a whole lot of trouble in the event they tried to bring Court action against you. Precludes them effectively from Court action especially as due to the amount involved it wouldn't be a simple small claims case.

I would then put the account into dispute permanently and stop all payments on the basis that they are taking them as acknowledment a relationship exists.

 

The charging order is very complicated, not sure how you would approach that but maybe one ray of light is that if either party were to unilaterally seek enforcement of the order it might be refuted on the grounds that HFC have sold the charge to the DCA (provable) or if it's the DCA then HFC have retained the charge (also provable) so neither really has the right to action unilaterally as you've documentation which bizarrely disproves either parties claim to the charge.:-| I like to think that in those circumstances any claimant would then be put to proof which is going to be impossible by the sounds of it but you need to continue pursuing the matter to establish exactly where you stand.

 

ps just hover your mouse over the word "Ombudsman" in your earlier posts.

Edited June 7, 2010 by Jasper1965