debts written off

[carols7687]

This is a loan i apparently took out in with Lloyds TSB. It has been passed to a company called 1st Credit. I asked them when did i take this loan out & was told they didnt have this information. I rang Lloyds TSB, gave the ref no that i had been given & after being passed to numerous departments, noboby could find any details of it. I rang 1st Credit & was told that it was 9 years ago & for �1,200 & if i didnt pay this money they were going to take me to court in 14 days, could force me into bankrupcy, force a sale of my property or put this as a charge on it & the debt could finally end up at nearer �5,ooo after costs were added. Can they legally do this?

[dot.hawkes]

as evidence for any court case against you they would hAVE TO PROVIDE EVIDENCE, WHICH WOULD CONSIST OF A COPY OF THE ORIGINAL AGREEMENT SIGNED BY YOU AND A COPY OF THE AGREEMENT TERMS AND CONDIYIONS. Therefore they should have those available now if they have bough the debt, also, if they have not contacted you in 6 years anyway, or you do not acknowledge them, the debt is i think unrecoverable, but don;t take my word for that

[themas]

See my answer on your other post.

[fredpuli47]

On the face of it they are out of time to claim, because the time limit for claiming is six years from the date of the debt or the debt being 'acknowledged' by the debtor e.g if the debtor has paid some of it or interest on it or agreed they owed it . It doesn't matter that the alleged debt has been assigned ('sold') to 1st Credit.

Don't ,whatever you do offer, them any money or acknowledge that you owe anything now..

They can't do anything without proving the debt.That means going to court.Some creditors try issuing an invoice and then try issuing a notice in bankruptcy rather than using standard court proceedings of issuing a claim. They do that because it is more frightening to the innocent victim.The answer is the same: if anyone tries that ,you write back to them and the court saying you don't owe any money.Then if they want to go on they have to go through the court and prove the debt , that you owe money, and the debt is not too old, not out of time.They can't do any of that without giving you and the court details in advance of the hearing and you an opportunity to be heard.Then and only then can they get judgment.

These companies thrive on threats, not all of which are strictly accurate in law or fact, and the fear and ignorance of the public.Stand up to them.