Assistance with Collection and Debts

Questioner

Ir/Madam, Almost 13 years later I am confronted with a debt of a loan via a collection agency. This loan is via a kind of credit card and was used for a purchase at a store. I cannot remember this purchase or loan. I have not received any reminders about this in the previous years. The attached contract from the company where the loan was taken out at the time via a kind of credit card, looks rather unreliable, because the original amounts have been blacked out and other amounts have been adjusted by hand. Also my signatures do not match exactly. The personal data on the contract are stated correctly. I intend to email the collection agency requesting copies of the purchase receipt for the purchased product(s) for which this loan was supposedly taken out, any registered reminder(s) and a detailed calculation of the amount to be claimed. The amount to be claimed is now more than four times the original amount on the loan contract. Can you advise me if I can send such an email to the collection agency or if I should ask more questions? I also wondered if the 5-year limitation period applies to this.

Lawyer

You must really deny that the agreement was entered into by you, then if this is the case after proof has been provided, that the terms have expired (each term expires after 5 years unless interrupted)

Questioner

Thank you very much for your quick response. I will forward the email to the collection agency.

Lawyer

In addition to the advice of my colleague, if the financier (collection agency) were to summon you, they would in principle have the obligation to prove that you entered into the credit agreement. Assuming that you explicitly dispute this (which you should indeed do). It is possible that this proof will be difficult for the credit company to provide. Does the signature on your ID match the one on the credit agreement and does the financier have a copy of your ID? If not, this proof will be extra difficult for the financier to provide.

Questioner

Thank you very much for your quick response and additional information.