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Alex J.
Alex J., Solicitor
Category: Law
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Experience:  Solicitors 2 years plus PQE
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When a finance company is seeking to enforce a debt can they

Resolved Question:

when a finance company is seeking to enforce a debt can they place a claim without providing a credit agreement?
Submitted: 9 months ago.
Category: Law
Expert:  Alex J. replied 9 months ago.

Hi, Thank you for your question and welcome. My name is ***** ***** I will assist you. Have they made a court claim? Kind regards AJ

Customer: replied 9 months ago.
but on the particulars of the claim they have not included a credit agreement. Can they do that?
Expert:  Alex J. replied 9 months ago.

Hi, Thank you. When making a claim they should provide all evidence in a witness statement. Have they said a witness statement will follow? Have they provided any evidence that you made payments under this agreement? Kind regards AJ

Customer: replied 9 months ago.
No they didn't. They have provided a witness statement of the existence of a debt but have not provided a credit agreement to support the claim and I believe that this debt is now statute barred as, whilst they purchased the debt in 2011, thety appear to have purchased this debt from Bank of Scotland around 2009/2010 and, on further research, it was already defaulted back in 2010. They were asked for the credit agreement but this doesn't seem to materialise. Can they actually file a claim without the support of proof of payments or a credit agreement to support their claim? If they cant could you please tell me what legislation can I rely upon for this?
Expert:  Alex J. replied 9 months ago.

Hi, Thank you. They can file a claim, but the claim may not go any where if they have not followed the civil procedure rules. One of the civil procedure rules is you must provide all evidence supporting your claim - if they have not you could potentially have the claim struck out under Civil Procedure Rules 3.4(2)(a) - no reasonable grounds for bringing the claim as the claim is not supported by evidence. This application is done by filing a form N244. The claim may be statute barred, have they made a demand for the money in the last 6 years? Did you receive notice that the debt was assigned? Kind regards AJ

Alex J., Solicitor
Category: Law
Satisfied Customers: 3614
Experience: Solicitors 2 years plus PQE
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