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debt companies


berni21
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:x Hi Everyone,

Bit new to this and bit in the dark about everthing.

Just wondered if any body knew about changing debts from one company to another. I have been paying a debt off monthly for the past 18 months and have recently been approached by another debt company for the same dbet who are now threatening legal action. I have had no confirmation from the original company who the debt was to and the company I am curently paying have no idea why this is happening. I havent got the details for the original debtors and the company harrasing me wont pass them on to me despite me requesting either written confirmation or a telephone number.

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You can't be pursued twice for the same debt, especially if you are already paying off one debt. You have a binding contract with the company with whom you are already paying.

 

Have you checked with the company you are already paying to see if they have been bought or taken over, as perhaps they have and the records have gone a bit funny? Perhaps bank details have changed and you haven't been notifed and therefore they haven't logged the payments?

 

The debt company LEGALLY have to provide you with the original agreement you signed which relates to the debt that they are pursuing. If they can't/won't do that, they cannot legally enforce the debt.

 

Here is a letter (thanks to dollies01 in another thread) which you can use to the company pursuing you:

 

 

 

To Whom It May Concern:

 

I do not acknowledge ANY debt to your company. I require you to supply the following documentation before I will correspond further on this matter.

 

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose a cheque made out for a £1 2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

 

3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

 

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

 

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defense to any court claim that is issued.

 

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

 

Yours truly,

 

 

 

__________________

  • Haha 1

Lived through bankruptcy to tell the tale! Worked in various industries and studied law at university. All advice is given in good faith only :)

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Thanks i'll take your advice and seewhat response I get.

I didn't think I could be pursued by two companies luckily I have al the proof of payments so i'll get back on to the company I am paying to make sure they have payments logged. Thanks again.

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