JoeBloggs

If debt has been passed onto a solicitor for repayment, then by law if you request it, do they have to provide the original paperwork with signatures on to prove that you took the debt out originally

Or can they just take legal action to recover the debt?

tonybooth

AFAIK they would only need to produce it at court. If your issue is genuine then a written explanation is the only way to go.

T

Milamber

iTrader: (2)

The claimant has to prove the claim. If they can't they lose.

The documents will have to be produced at court and annexed to the particulars of claim.

They will be presumed to be correct. If you are doubting the signatures then you will have to plead fraud. Good luck with that.

JoeBloggs

it could be potential fraud, but no real way of knowing without seeing the original documents, the solicitor said they dont have them, as they 'purchased' the debt from black horse, black horse said its nothing to do with them, as they sold the debt on

Milamber

iTrader: (2)

Did you get a "notice" saying your debt had been sold on in this way? Tell them without a copy of the notice or the original documents thay can kiss your ***.

JoeBloggs

no, no notice, or certainly not here

this was/is a joint debt (potentially) and the other party said they wont pay the debt, and to get it from me, the solictors say both signatures are on the documents (how do they know this if they dont have the original paperwork )

It is possible previous letters have gone out to the other party, but there isnt any way that this can be traced, unless the solictor gives this information out, and all they do is threaten legal action or demand payment over the phone

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"Joe"

Deny the debt is due and ask for evidence of its existence. The Solicitors themselves will be acting for either the original creditor, or someone to whom the debt has been assigned - in which case they have a duty to notify you of the assignation.

The other possibility is that the letter has been generated automatically on the solicitor's letterhead (I know for a fact that BT among other do this) by either the creditor or the assignee.

Its highly unusual for a proper solicitors firm to purchase debts - so its more than likely that a debt collection agency has done so and has issued you with an automatically generated letter as described above.

Original documentation is not necessarily required to commence a legal action. The creditor can declare an oath that the debt is due. If you failed to challenge the action, the court may find in favour of the creditor without original documentation ever being provided.

Any defence by you would call for production of the documents and evidence of the debt.

Ask for evidence and proof of assignation of the debt and take it from there.