JoeBloggs

Got an outstanding debt that hasn't been paid in some time (long story) but basically there is no recollection of the debt which is allegedly from a few years ago, with no recollection of payments etc too

Now recently I recieved a phone call from a solicitors acting on behalf of their client

The original agreement was with Black Horse (aparrently) who eventually sold the debt to Tessera Portfolio Management

BTMK the Solicitors phoned, and then sent a letter demanding weekly/monthly payments, upon asking for the original documents showing the signature, I was told to speak to Tessera, who in turn said I had to speak to Black Horse

Black Horse said it was no longer anything to do with them, and no longer have the documents, Tessera say they dont have the original documents as they only 'purchased' the debt

BTMK don't have the documents, as they are only under instruction from their client (Tessera)

Anyway I sent them a letter, (from a Debt website) which officially asks for the original credit agreement, and as required by law they have to provide to me withing 14 working days as long as I send a cheque for £1.00

Apparently by law they have to respond, or can no longer ask for the debt to be recovered

This letter was sent to them at the end of January, and there has been no response from them until today

Today I have recieved a letter from a Debt Collection Agency called Robinson, Way & Company Ltd, who say if the total amount isn't paid within 10 days then this is a formal warning of court action

They say they have been instructued by their clients (Tessera) to recover the full amount owing (3 grand)

Is this right that the Solicitors can instruct a different debt collection company to now try and recover this debt, when they have been asked to provide the orginal documents as required by Law?

I told them in the letter asking for these documents, that if they don't have them that they need to obtain them from their client (Tessera)

I will be speaking to CAB on Monday about it, to see where I stand, but if I have officially requested the orginal credit agreement, do they not have to supply it, under the credit consumer act, and how can they expect me to pay for some debt if they can't or won't prove it is my signature on the documents, more so if they don't even have them

Any advice would be appreciated

Joe

bob r

iTrader: (46)

Wow

If it is your honest held belief that you do not owe them the debt and providing that you have in your possession evidential documentation to prove this, then let them take you to court as you will win.

If you do owe them the debt and you are trying to pull a fast one, then good luck.

JoeBloggs

I don't have any documentation to prove I didn't take out a loan or credit agreement etc etc, I wouldn't really

I'm not trying to pull a fast one, far from it, there is a chance that the debt is real, but quite possibly, and more than likely a forged signature

What I want to ascertain before any monies are handed is what the actual loan/ credit agreement was actually for, as around that time I had a lot of money in cash (hard earnt savings) and absolutley no need for any additional money or purchase, especially for more than 3 grand

the thing is not one person or company can say or provide evidence of the loan/credit agreement, despite asking them on several occasions

swampster

iTrader: (1)

It is upto them to prove you indeed owe the debt, and provide documentation of that fact. Otherwise any Tom, Dick & Harry could go round and say.. you owe me money sunshine, now cough up or its the bailiffs for ya!

turbomatt

iTrader: (1)

Personally there's no way that i could have forgotten about a 3 grand debt! Its not a small sum of money by most peoples standards.Surely you must know for certain whether you owe them this or not?

JoeBloggs

I don't know and thats half the problem, like I said in my previous post, there is a very high chance that my signature was forged, they say there are two signatures and that they got given my details by the other persons signature, the strange thing is if they know there are two signatures on the agreement, how come they said they don';t have the details, and can't send them to me

what would scooby do

Counter sue for harassment if they don't cough up evidence of the debt..

mart360

If your aware of the debt, why has it gone on so long? if you believe the debt is not yours, what steps did you take to remedy the issue?

if your trying to use the law to evade payment, then think carefully, fraud isnt one of the better crimes to have on your credit file

i fail to see how a 3K debt, has been evaded for so long, surely at the first stage of missed payments, letters would be sent , culmulating in a default notice, at which stage the the debt is then passed on to a third party for reclamation (been there had it done!!)

either your not telling us the whole story, or theres somthing strange going on.

Either way unless you clarify what the whole story is (you dont have to name names) any advice that is given is potentially useless, or could land you in more trouble.

Mart

JoeBloggs

It has only been evaded for so long because the credit company had only ever chased my ex for the debt, until one day my ex decided to tell the credit company to f'off and gave them my details, and told them to get the money from me

My ex had been evading it all this time, and I had no idea there was even a loan or credit agreement till I got a phone call one day from a solicitors demanding payment

The solicitors say my signature is on the original agreement (yet they refuse to provide copies of it) and just demand a payment to be made whenever I try to speak to them, hence me writing a letter my rights under the credit agreement act, and asking for copies of the original documentation I even enclosed the cheque for £1.00 as required, yet they have refused this, and now passed it on to a different debt collection agency (this is where my gripe is, plus I want to see the original document, and find out what the loan/credit agreement was for)

During that time, no money was needed, no big purchases were made etc

This is one of the reasons why I have strong grounds to believe that forgery has taken place, I can't prove or disprove that until I see some documentation

Brit_in_Japan

Did you co-sign some loan agreement for a friend? If so then you might well be liable if they have defaulted on the loan. You definitely need legal advice, so go to CAB. A copy of the original signed loan agreement is what you want to see, that will tell you a) if it's a forged signature and b) who the other person on that agreement is.

JoeBloggs

I dont recall signing or co-signing any loan or credit agreement with my ex, I have managed to find a letter with Key Protection Services from Black Horse around the dates they say the original agreement took place

It was a key insurance scheme by the looks of the letter, and free 12 months cover was provided, so it does look like the original loan/credit agreement did occur, but how my signature ended up on it is beyond me

I have asked my ex what it was for, they refuse to tell me, and also questioned why they should pay it back !!!!!!

I have asked Black Horse (original agreement), Tessera Portfolio Management (who bought the debt) and BTMK (Tesseras Legal Department) and the latest Debt Collection Agency for copies of the agreement, everyone of them companies tells me to speak to the other companies to get the requested information, and not one of them will provide any information other than demanding a payment be made to stop any further legal action

sti-04!!

Tell your boyfriend to pay it & to let you get on with watching Brokeback Mountain.

I want to believe

They will look to see where the original loan funds were paid,possibly into a bank account or if a cheque who and where it was paid in.

bobsabuilder

I had a similar thing happen with me.
Started getting letters from debt recovery then "solicitors" for a debt that I still believe was not mine or was forged.

I wrote back saying that they had the wrong person, that I never had such a debt and if they wanted a penny out of me they had better take me to court ASAP and gave them the details of my nearest county court (Doncaster).

I had a couple more letters, some of which look similar to court papers but were in fact their own bollox. I never replied to them again but get about 3 letters a year asking fo money which I file into the bin.


What happens is, they "lose" the original person through a house move etc and trawl through the electoral register for the same name in surrounding areas and then write to that person.
Problem is, its often a different person with the same or similar name!

Bob