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JimLawyer
JimLawyer, Solicitor
Category: Law
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Experience:  Senior Associate Solicitor
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I wonder if you can help. Does a debt collection company

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Hi I wonder if you can help.
Does a debt collection company have to produce a copy of the original loan agreement if they want to collect a debt they bought from the original lender?
Customer: replied 8 days ago.
a bit of background. Following the collapse of the debt management company I chose to manage my debts about 3 years ago I sought advice on how to handle my debts myself and was advised to write to each company asking for the original agreements before making anymore payments. Arrow Global did not send original agreements but have now logged a claim at the county court business centre. I have 14 days to respond and I want advice on how to proceed with this given that this debt was being paid in a timely manner until the collapse of the debt management company
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Nicola
Customer: replied 8 days ago.
Can you please continue to try and find and answer.

Regards

Peter

Hello, my name is Jim and I am a qualified lawyer happy to help you today.

If they have a copy of the loan agreement it still demonstrates to the court there is a binding agreement for the loan.

In terms of the claim, you need to login to the money claims site and defend the claim - your defence was that you paid the debt and as such there is no merit in the claimant's claim. Did they use the money claim site or the paper method? If the latter then you need to fill in forms N9 and N9B (copies attached) and return to the court.

Would you like to have a go at drafting the response and show me so that I can guide you?

Customer: replied 7 days ago.
Thank you for responding.
Perhaps I wasn't clear. I'll try and clarify.
The original loan agreement for £15000 was taken out through Nationwide in I think 2001. I got into financial difficulty in 2005 with about £4300 remaining. This wasn't the only one there were others and I went into debt management in 2005. It was arranged that I pay £5 per month by the debt management company who made the arrangement with a company called Arrow who had bought the debt from Natiowide.
In 2016 my debt management company collapsed taking my pot of money and all my documents. So I had to start afresh with my creditors. I was told to contact each one and ask for a copy of the credit agreement I signed for each particular one. Some responded with the document and some didn't. I stopped paying those who didn't ( Arrow was one ) as I assumed they couldn't collect. All went quiet until last month ( 3 years later) when a solicitor acting for Arrow said they were claiming to the court against me for payment of the outstanding loan amount.
My question is not whether I owe the money as I do. It's whether the company trying to get the money off me has a legal right to do so if they cannot produce a copy of the loan agreement I signed back in 2001, with Nationwide.

Regards
Pete

I see, thank you for clarifying.

You should still defend the claim being made - under Section 78 of the Consumer Credit Act they have to provide a signed agreement. If they do not and they issue a claim then you can defend it as I said earlier. The court will consider whether they have or have not breached Section 78 and each case is different. Based on the facts of your situation I would be defending it.

I hope this answers your question – if so could you please click 5 stars at the top of your screen, that will give me a rating on the site and I can answer any follow up questions at no extra charge.

Many thanks,

Jim

JimLawyer, Solicitor
Category: Law
Satisfied Customers: 5510
Experience: Senior Associate Solicitor
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