I have a question and I am hoping someone may know what is the law here. A company that has purchased a debt has provided insufficient contract agreements to validate their right to collect the debt-they are unsigned credit applications. One of the agreements is signed, however it is on a fax, looks like the signature was photoshopped on and the person who had that credit card originally has stated they signed no such fax and was nowhere near the venue that apparently he must have gone into and signed on the fax date. As this is potentially “fraud” (maybe for want of appearing to be compliant by the Credit Agency) what is the legal standing here? The credit card holder, has never actually received or signed any original contract and no-one seems to hold an original signed agreement. Can the debt collector who has bought this debt pursue a claim in court?
Hi @Stacey1 and welcome to the forums.
I think it’s highly unlikely you’ll receive any real answer here. For one thing, this is a web-dev forum, not a legal forum. And the law will vary from country to country.
The best advice I can give you is to contact a lawyer in your country, or find an independent advisory service to help you in the first instance. In the UK, the Citizens Advice Bureau might be a good place to start; other countries no doubt have similar organisations.
If the company has really bought the debt, at least in most countries, the original bank which issued the credit card should have sent a letter to that person to inform him that the debt was sold to company X.
Until he doesn’t have a formal notificacion, he should find an agreement with his that original bank to pay off the debt.
Then he can request the documentation and, if he has any doubts, ask to any official Advice Bureau.
But, as @technobear says, law varies from country to country… so maybe he should check first with the Advice Bureau.
My (unfortunate) experience is that they never go to court, especially with so little proof. It normally is too expesive for them.
Still, this person should get specific information about the law in that particular country
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