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Court looming ?.


marcdeb
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Found the site while trawling thru the web looking for items relative to my wifes (so our) problem ...... and from what I've seen it's brilliant.

Looking thru the attachments I'm hoping I'll find some helpful stuff.

Anyway - problem is - my wife is being chased by Albion Collections Ltd. after my wife ceased paying on an account/loan (unsecured) arranged with the Halifax.

My wife - long story, try to keep it brief - was tricked into taking out a loan, supposedly short term, by an ex boyfriend of our daughter.

Turned out he was a con man - got the money and disappeared shortly afterwards when his true background came to light. Even though Halifax knew loan was on his behalf they hold my wife responsible - and - Halifax never even took the time to explain to my wife what could happen in the event of ...... - think you can guess the rest.

Loan arranger denies not explaining dangers/pitfalls.

Stated that due to my wife being of a certain age - late 40's when loan taken - and having had other loans in the past she should have been aware of consequences.

After 4 years wife has decided enough is enough - meeting the payments is damaging her health (stress/worries/working for no gain/etc) and have medical data to support this, plus she is working just to cover loan - so had the threats from Halifax - which we've replied to, now passed onto Albion who tell us that we will be having constant calls for settlement - or else !.

We intend sitting it out - wife wants her day in court - anyone out there who can tell us what to expect/could happen, etc., would be well received.

Will update all as we go along ---- thanks for listening.

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Advice is offered freely, without liability and without prejudice.

If in any doubt professional legal advice should be sought.

 

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My wife - long story, try to keep it brief - was tricked into taking out a loan, supposedly short term, by an ex boyfriend of our daughter.

user_offline.gif

 

Have the police been involved with this at all as possible issue of fraud? What were the exact circumstances of her signing the agreement ( e.g. did this guy go with her, was it in her sole name or was she a guarantor for him?

 

Could be quite tricky to defend in terms of county court as she would have to prove that e.g. she was coerced into signing or had no idea what she was signing / letting herself in for... proper legal advice would probably be needed.

 

But - short term - Do a CCA request to Albion ( letter asking for copy credit agreement & statement of account ). This will buy some time as they can't enforce anything until this is provided. Should be sent within 12 working days; if not received within 30 days is criminal offence.

 

Also poss issue of harrassment - OFT debt collection guidance quite useful also harrassment is contrary to Admin of Justice Act ( I think its section 41 but don't quote me on that ) again is criminal offence.

 

Debt collectors like Albion are not bailiffs, they have no right of entry to your property & cannot take goods.

 

You may also want to speak to National Debtline ( you can stay anon if you wish ) they give free confidential advice on 0808 808 4000.

 

Best of luck I hope this has given you a starting point

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( I think its section 41 but don't quote me on that ) again is criminal offence.

 

 

s40 :)

 

"S40 Punishment for unlawful harassment of debtors"

  1. "A person commits an offence if, with the object of coercing another person to pay money claimed from the other as a debt under a contract, he:
    • harasses the other with demands for payment which, in respect of their frequency, or the manner or occasion of making any such demand, or of any threat or publicity by which any demand is accompanied, are calculated to subject him or members of his family or household to alarm, distress or humiliation;
    • falsely represents, in relation to the money claimed, that criminal proceedings lie for failure to pay it;
    • falsely represents himself to be authorised in some official capacity to claim or enforce payment; or
    • utters a document falsely represented by him to have some official character which he knows it has not.

[*]A person may be guilty of an offence by virtue of sub-section (1)(a) above if he concerts with others in the taking of such action as is described in that paragraph, notwithstanding that his own course of conduct does not by itself amount to harassment".

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