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F E Smith
F E Smith, Advocate
Category: Law
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Experience:  I have been practising for 30 years.
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I have been paying a debt to a debt collector years debt I

Resolved Question:

Hello.i have been paying a debt to a debt collector for many years for a debt I have no recollection of having.they say it was for a credit card I had with hfc bank.i have since asked them for proof and a agreement with my signature on . They said they have applied to get it from the hfc archives.it has now been ten weeks and no reply.just sent another letterfor an update.would like to no wear I stand if no proof is found about this debt. Thank you Colin Murphy.
Submitted: 1 year ago.
Category: Law
Expert:  F E Smith replied 1 year ago.

Under s77 (fixed sum agreement) or s78 (running account credit such as credit cards and overdraft) of the Consumer Credit 1974 then unless they give you a copy of the executed agreement, they are unable to enforce any agreement. You should tell them what you have been advised and tell them that you’re not going to pay anything until they produce a copy of the agreement.

Can I clarify anything for you?

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Best wishes.

FES.

Customer: replied 1 year ago.
Thank you. Could you tell me if I can claim back all the money I have paid them in conection to this debt
Expert:  F E Smith replied 1 year ago.

You can all means ask for it but there is no provision in the Act for any money which has been paid over, to be returned. You can always argue that you paid this money by mistake (not knowing the statutory provision) and let the court judge decide. It would be interesting for the boot to be on the other foot for once.

Incidentally, under 77 and 78(1) you need to send them the fixed sum of £1 to get a copy of the agreement and then, it is sub section 4 a which says they cannot enforce the agreement.

Here is the statutory provision for you. http://www.legislation.gov.uk/ukpga/1974/39/contents

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