Have you tried to have anything done about the CCJ and default? Depending on the circumstances, there are ways to legitimately have the CCJ set aside and it may be worth checking to make sure that the necessary regulations were adhered to when the default was issued. If not, there are things you do to have it removed...

Just a thought - If they continue to chase this debt after you have stated that it is statute barred and that you have no intention to pay it, you should advise them that you may be able to claim harassment contrary to section 40 (1) of the Administration of Justice Act 1970.

The other side say that the six year period starts when the default notice is issued (which I did not receive) and I say the period starts when a required payment is missed.

That's nonsense. It starts from when you last serviced the debt or contacted the creditor in a manner that would suggest that you acknowledge the debt. If it were down to the date the default was issued, a DCA could simply buy a debt, issue a default one day inside the limitation period and restart it. Obviously, all of this is irrelevant if they have already obtained a judgement, but if not, you have nothing to worry about. I'd be surprised if it even makes it to court, but you should have no problem stating a defence based on the Limitation Act 1980, paragraph 5, I believe.

Well, in that case, I would say that no news is good news. Under Regulation 34(3) of the Council Tax (Administration and Enforcement) Regulations, 1992, the council should not apply for a Liability Order if more than six years has passed since the application became due, so if they don't already have one, then they are too late to apply for one. However, if they have already obtained one, then checking up on it now may just be opening a can of worms. Personally, I would ignore it unless somebody actually starts asking for money, at which point you can ask for more advice.

I guess they will say its morally wrong not paying for a parking ticket if you use their car park.

Ah, the parking attendant's blinkered view! ...but is it morally wrong to park in a free car park and not display a free ticket!?

Completely correct. However I am not aware of a council allowing this to happen, it's normal practice for a council to obtain a liability order well within the 6 year limitation period.

Phew! So I'm not as daft as I look after all...

Anyfin, has anybody actually contacted your friend about the outstanding amount?

It's not a huge reduction, but it stills means more money in your pocket, and all for the cost of a phone call. Well done!

I believe (although I could be wrong!) that it depends on whether or not the local authority have obtained a liability order within the 6 year time limit. Have you received any communication from them about this?

I agree. The situation would be different if the goods purchased were defective, but really what you are querying is the contract with Haven for renting out the caravan on your behalf. This has nothing to do with the finance company. Ignoring your obligations in repsect of the finance agreement will only cause you more problems. As tomterm8 suggests, have a suitatbly qualified legal representative look over the contracts and give you some advice.

Ah, Wino, you have my sympathy. I love waking up every morning and thinking how lucky I am to have credit cards. There is just something a little bit special about having £50k of unsecured debt hanging over me. It really motivates me to go to work in the morning...

I suspect, being a Mamas n Papas store, probably not...

Yes, definitely worth querying it. Ask to speak to the customer loyalty team, stress to them that you have been an excellent client and request that they drop you to a rate to reflect that. Personally, I wouldn't accept anything above 15%, especially if you have a good credit rating. If they won't play ball, apply for an interest free card elsewhere. To be honest, if you are carrying a balance on the card, it may be worth doing that anyway...

Okay, I'm back, but it looks like the cavalry have arrived! Thanks, Michael and Lucy, for stepping in and good luck with your letter, mcgreedy.

hmm i'd have aswell admitting the debt to my next door neighbour and paying them, they would have the same rights to pursue it?

Well, no. Your neighbour has no legal right to pursue the debt. However, if the DCA has bought the debt or been asked by the original lender to collect on it, then they are legally entitled to do so.

Ive made payment to a company who bullied and used scare tactics to obtain money. I do understand the "effectively admitting the debt" by making payments, i'm not disputing the debt, but how can you admit the debt to a company who has illegaly collected money from you, how is that going to hold any water?

As above, they are legally entitled to collect the debt. Even if it is statute barred, they are legally entitled to attempt collection, there is just no way to legally enforce collection (This applies to England and Wales. The law differs slightly in Scotland).

What you are asking here is if they can attempt to collect on the debt without a CCA. Well, yes, they can. The debt has only been in dispute since you requested a copy of the CCA, which seems to have been fairly recently, and they failed to provide one in accordance with the terms of the Consumer Credit Act. As long as they are in default, they cannot enforce collection, but the debt still exists. You could still make payments towards it, even though they have not provided a CCA and, assuming the debt is still within the period of limitations, the counter would again be reset.

Ignoring the statute of lmitations for the moment, the simple fact that they have not provided you with a CCA puts the debt in dispute and makes it legally unenforceable until such time as they provide an agreement. If they are still trying to pursue the debt right now, I believe there is a letter in the templates section that you can send to them. I'm afraid I have to head out right now, but hopefully somebody will come along shortly and point you in the direction. If not, I'll have a look for it when I get back.

Well, I guess the first thing to clarify is that the inbaility to produce a CCA does not cancel the debt, it only makes it unenforcable while the company defaults on supplying it. By making payments towards it you are still effectively admitting the debt. Therefore, I guess the answer to your question is no...

As you have made payments towards the debt, you have effectively acknowleged it, so if those payments were made inside the period of limitations, a new period will begin from when you last made a payment or acknowledged the debt in writing. However, if you made payments after the debt became statute barred, it will still be barred and you will have no further obligation to service it. Without more information, though, it is impossible to say for certain. If you post full details of the debt, somebody will be able to give you a more accurate answer.

I think you will need to be a little more specific about your complaint and what has been misrepresented, before anyone can offer any advice...

Cokezero, could you please edit your post and remove the quoted text. It makes the thread unnecessarily long. Thanks!

It's best to avoid talking to them on the phone at all, keep everything in writing. However, it is worth noting that when the debt is statute-barred, making a payment towards it or admitting liability will not reset the clock. Once it is statute-barred, it is statute-barred and that cannot be reversed. The clock will only be reset if the debt is akcnowledged in writing or a payment is made prior to the debt becoming statute-barred. There is nothing to stop the DCA asking for the money after the limitation period expires, they simply have no legal way of enforcing it, so you have no legal obligation to pay.

Well, I have received loan agreement, statements and, finally, a response from the bank, thanking me for bringing the matter to their attention.

The letter says that they have investigated the complaint and note that I took the loan out in November 2000, together with optional PPI. They say that my letter to them states that I was aware of the policy and the terms and conditions and that I would have been provided with a copy of the policy booklet, explaining the cover provided an that if I was unhappy with the policy, I could have been cancelled it within 30 days.

They then go on to say that the FOS guidelines state under section 2.3 Time Limits for referral of compaints to the FOS (DISP 2.3.1 (1) ©:

The Ombudsman cannot consider a complaint:

More than six years after the event complained of or (if later) more than three years from the date on which he became aware (or ought reasonably to have become aware) that he had cause for complaint, unless he has referred the complaint to the firm or ombudsman within that period and has a written acknowledgement or some other record of the complaint having been received.

The letter goes on to say that the length of time that has elapsed since the sale of my policy is such that any allegation of a mis-sale made after this time would be prejudicial to the firm being able to defend it.

So, typical bank response and only to be expected. Now, this is where I need some help! Am I right in thinking that the fact that I have only become aware that the PPI was mis-sold allows me still to make a valid complaint?

First of all, the PPI was not sold to me as an 'optional' policy. I was told that I had to take it or I wouldn't get the loan. Secondly, as I was self-employed at the time, it didn't provide full cover. Finally, I was not given a copy of the policy booklet, so had no idea that I could cancel the cover within 30 days. If I had known this, I would definitely have cancelled it. Nothing was explained to me when I bought the policy.

I'd appreciate any views on this and advice on where to go next. Is it LBA time...?

Thanks!

FM

That's a useful link, pahtram. Nice to know I am not alone in this! I have a card with Virgin with a £20k limit. Following a divorce a few years back, the balance has been sitting around £19k and, almost like clockwork, every September I receive a letter from them telling me that my rate will be increasing from 12.9% to 26.9%. Every year I have to go through the same process of calling them, being told by a call centre monkey that it is either due to rising costs or increased credit risk and that there is nothing they can do. Every year I ask to get put through to somebody with the authority to do something and then get passed through to their 'customer loyalty' team. Every year, the person I speak to in customer loyalty tells me that they can drop the rate to 23.9% and, every year, (can you see how tedious this is getting!?) I ask to speak to their supervisor, who then agrees to keep it at the current rate, as a gesture of goodwill!

This year, though, I missed the letter and was charged interest at the higher rate for a month before I noticed it when checking my online statement. I called them and went through the same process, but couldn't get them to refund the additional interest payment. However, I called back the next day and spoke to the call centre manager, a lovely Irish woman, who credited my card with £150, to make up for the inconvenience.

While I was grateful to her for stepping in and resolving the problem, I am still mad at them for doing this every year. I plan to pay off the card over the next few months and cut it up. It really is not the way to retain customers! Good luck sorting it out, Gypsysaffy...

It sounds like Thames Credit have placed the default on your account in an effort to get you to pay up. However, even ignoring the fact that you have not serviced the debt in the last six years, as you have not received a default notice, they have no right to place this on your file. Personally, I would call them and ask them to provide you with information on the account. State that you know nothing about it, ask them to send you a copy the credit agreement and point out that, as no default notice was served on you, as per the the terms of the Consumer Credit Act, they have no basis for placing the default on the account. I had a similar situation with another of these companies recently and, following a simple call, the default was removed within 24hrs.

If you don't feel comnfortable doing this by phone, see below for a draft letter you could use (taken from a previous post by FreakyLeaky) :-

Thames Credit

Address details

Date: xxxxx

Dear Sir or Madam

Account details taken from Experian

After recently obtaining a copy of my credit file from Experian I was concerned to note that your company has placed a "Default" notice against my account.

Further to this I have no recollection of ever receiving such a notice, and I therefore require you to substantiate this data at your earliest convenience.

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit). Your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee, PO Serial Number *******

2. You must supply me with a signed true and certified copy of the original default notice

3. The deed of assignment from when the debt was purchased by Thames Credit

I would request that this data is provided to myself within the next 28 days, if you are unable to provide this data then I must insist that the Default notice is removed from my files as unsubstantiated.

Yours faithfully

We have an X5, which has sat doing nothing for the last few months, as my girlfriend, who normally uses it, is using another for work these days. The tax ran out at the end of December and, having gone on holiday for a couple of weeks in January, I forgot to tax it. I got back to my house in Glasgow a couple of days ago and, surprise surprise, there was a letter from the DVLA waiting for me, with an £80 fine attached.

Now, the shocking news - I'm actually going to pay it!!! I figure, this one is my fault, so there's no point trying to get out of it. I can just see the headlines now -

***CAG Member Actually Pays Fine***

Funnily enough, in the same mail I had a letter from Aktiv Kapital, asking me to pay £1271 for an outstanding debt from 12 years ago, which I know nothing about. I had this out with them months ago, when a default suddenly appeared on my credit file. Luckily, after a rather amusing phone call to them, it was removed within 24hrs. I called them again after a few more letters and pointed out that, as well as them being unable to provide a CCA or any details about the debt, it was statute barred anyway. The guy on the other end of the phone responded by stating that, despite the debt being statute barred, surely I should feel morally obliged to pay it? By the time I stopped laughing, he had hung up...

Why not just cancel the upgrade, return the phone and then upgrade instore?

Just had a chat with Kirsty, my other half and the horsey brains of the business. She came up with a lot of good points and said that she'd be happy to have a chat with you about it. I'll send you a PM with her number and email address and you can give her a call if you like.

Good luck...!