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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70204
Experience:  Over 5 years in practice
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Hi, I need some advice regarding a matter that has arisen

Resolved Question:

Hi, I need some advice regarding a matter that has arisen from the past regarding an old credit card debt, which is now being taken to the county court. I would like to contest in part the final figure that is being claimed and I wish to know if the correct procedures have been followed by this new company.
Firstly the debt was reassigned on the 26/8/11, without my knowledge.
On the court forms, the new company use the phrase "terms and conditions set out herein", however they have not sent a copy of the terms with the papers etc.
There has been no statements etc sent thru by the company that bought the debt etc.
I do admit to part of the debt, but I think the interest charged against the initial debt seems ludicrous, can I solve this issue and are the new owners of the debt allowed to charge interest.
I look forward to your response.
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is ***** ***** I will try to help with this.

How old is the debt and when did you last acknowledge it please?
Customer: replied 3 years ago.

Hi Jo,


The initial agreement started in 21/8/2009 with card originator. I have never acknowledged the reassigned debt owner.


Hope this helps

Expert:  Jo C. replied 3 years ago.
Please forget about the assignment. Its a red herring I'm afraid.

When did you last acknowledge the debt ? That can include things like paying it, asking for time to pay etc?
Customer: replied 3 years ago.

I have never acknowledge the debt ever to either party


 

Expert:  Jo C. replied 3 years ago.
Did you never make payment upon it at all?
Customer: replied 3 years ago.

Initially of course but things turned a little sour, and then one thing leads to another and it doesn't become priority

Expert:  Jo C. replied 3 years ago.
Thanks.

What I need to know is when you last acknowledged this debt.That can include things like paying it, asking for time to pay etc?
Customer: replied 3 years ago.

The last payment would have been around June 10. Didn't keep records,sorry


 

Expert:  Jo C. replied 3 years ago.
Thank you. That is fine. That is all I needed to know. I was hoping that they were time-barred under the Limitation act but clearly you acknowledged in 2010 and so they are within six years.

To be wholly honest, it is always been a lot harder to challenge these claims than people think.

The fact of the assignment is a nonissue. People take over the debts of others all the time and can still sue upon them.

In relation to the use of the term "terms and conditions set out here in" that is quite unlikely to be a good point. Whichever way you look at this, you have spent the money and so you are liable to repay it. The only issue may be the level of interest.

Of course, if you think they are applying a different race of interest to the one agreed then you can part admit the claim and invite them to prove the rest.

You could always make an offer settlements and at a reduced sum. They might accept that they might not.

Can I clarify anything for you?

Jo
Customer: replied 3 years ago.

So in the terms of interest, when does this stop being added or does it continue by the new owners of the debt. If this is the case should I ask them to prove the rate etc

Expert:  Jo C. replied 3 years ago.
I'm afraid that it just continues at the rate originally agreed.

Yes, I would ask for proof of the rate.
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