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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70715
Experience:  Over 5 years in practice
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I was just wondering if a debt is enforceable in court if

Resolved Question:

Good afternoon, I was just wondering if a debt is enforceable in court if the debtor has never acknowledged the debt and the agency cannot produce the original contract of the debt? Thanks
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.

Is there a CCJ?

Customer: replied 1 year ago.
there is.
Customer: replied 1 year ago.
Hi Jo are you still there?
Customer: replied 1 year ago.
How long should I normally expect to wait for an answer? Thanks
Expert:  Jo C. replied 1 year ago.

What is the date of the statement?

Customer: replied 1 year ago.
Hi Jo the statement is within the statue of limitations so no worries there. Please answer the question as a general statement rather than case by case as its the inability of the agency to produce the original signed contract that we are interested in from a legal perspective. If this means that it is enforceable in court without the original signed contract then this something we need to be aware of. Please bear in mind that the debtor has not acknowledged the debt in any way either in writing or verbally. Thanks.
Expert:  Jo C. replied 1 year ago.

It doesn't matter whether he has acknowledged it or not.

If there is a CCJ then there is a CCJ and it can be enforced.

Expert:  Jo C. replied 1 year ago.

If there is a CCJ then it has already been enforced.

However to get a CCJ there is no need for a signed original contract.

Can I clarify anything for you?

Jo

Customer: replied 1 year ago.
Hi Jo, sorry connection issues I live in the countryside.
That's great thank you so although a CCJ is obtainable does that in itself gives the agency the legal right to collect the debt? When an agency wishes to collect a debt it surely has to provide evidence that it has the legal right to do so.
I might be wrong hence the questions but in order for a judge to compel someone to pay any debt sold onto an agency the agency has to have the legal right and therefore evidence of a contract signed by both parties to be successful in court.
If on the other hand the debtor admits on the phone or in writing through voluntarily payment plan then the agency automatically has the right to collect the debt.
So really my question is that if a person has never agreed to the agency that they have the right to collect the debt and the agency is unable to provide anything but an account summary and account number from the original creditor will they be successful in court?
When I read what information has to be provided when taking someone to court for a debt it stated that the agency has to prove that it has the legal right to collect. Thank you for your help.
Ben
Expert:  Jo C. replied 1 year ago.

They don't need the signed original to enforce a debt. In fact, it is rare that a signed original exists now.

Expert:  Jo C. replied 1 year ago.

They can produce a deed of assignment easily enough to establish that they have authority to recover. That doesn't need to be an origiainl

Customer: replied 1 year ago.
Hi Jo, Sorry I assumed you wouldn't reply until the next working day. I see it's just when I worked in the city in a b2b loan you have to have original contracts to enforce a recovery.
Right so a deed of recovery is what stops agencies just making up account numbers and sums and trying to collect them?
It's just that some of the people my friend helps in his charity don't even remember taking out the loan in the first place.
A lot of people in these situations have a mountain of debt and many different agencies and I get the impression that when someone vulnerable gets into debt, the vultures circle and some of the people trying to recover the debt have no right to do so.
One person had three companies trying to collect the same debt so I am trying to work out exactly what these guys need to produce to prove beyond any doubt that the money is owed and they actually have the right to collect it.
When I read what documents you need to collect a debt when entering court the site said that the agency has to prove there was some sort of contract between the third party and the agency or original debtor. Is this correct because I read it straight off the UK Gov web site?
I shall look into the deed of assignment as this could be the thing that they can produce that will help us establish who these poor people actually owe the money to. I have no issue with people collecting money they are owed I just want to make sure that vulnerable people are paying the right people the right amounts.
So really I just need to know what else an agency needs to produce other than an account summary and name and address.
I remember being in debt in the UK as a student and it was no fun. I have lived in Europe for the last 12 years though as there just isn't the culture of debt here which I really think the UK should take notice of. Thank you very much for your help and have a great weekend.
Expert:  Jo C. replied 1 year ago.

The old consumer credit act did make requirements like that although caselaw provided a way around it quite often.

The new one is far less complicated.

Expert:  Jo C. replied 1 year ago.

As I have said really, they only need to show a deed of assignment to show that they have privity of contract.

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