Search the Community
Showing results for tags 'statute'.
-
I've recently started to receive letters from Lowell and today, out of the blue, a phishing letter from Robinson Way. I've plumped for a free Noddle file and can see Mkdp and Lowell. Lowell have mentioned a Barclaycard and their balance reflects what is in my file. I presume Robinson Way will follow the phishing letter with demands for payment. I presume both relate to old Barclaycards. The default dates show mid 2010 however I was thinking the dates would have been 2009. Is there a chance the default dates are wrong? How do I go about moving this forward? One account was opened in 1994, one in 2003. I'm confused about what I should be asking for having read different things about a CCA pre 2007. There will be charges no doubt, not sure about PPI. I need to engage with Lowell now as they've been persistent , but will wait for Robinson Way to say exactly what it is they are chasing. The Lowell account is a card account that was sold to Barclaycard , maybe an egg card. When would a true default date be?
-
Hi, I stumbled across this website and I hope you can help me. I'll be so greatful if you can. I have a defaulted Lloyds account which I last used in 2007, and in oct 2013 it defaulted. The overdraft had grown from about £250 to over £1600. I received not a single letter... .up until 2013 when I got one from a credit collector demanding I repay it. I have been arguing it is statute barred for some time now, and they have supplied me with statements showing no activity since 2007 and a steadily increasing debt. It defaulted shortly after maxing out and defaulted. I seem to be going round in circles, after reading what feels like the whole internet on this topic, my point is that LLoyds could have taken action after a nominal two years of inactivity, thus starting the SB clock. Is lloyds had withdrawn the account as per their own T&C then it would have defaulted a long time ago, and been a much smaller debt. Do you think that is a fair argument? If it is, clearly it's not in their interest to agree, so how do I force the issue as I don't want this to go on another 2 years! Thanks for any help you can offer -
Hopefully I can get a bit of clarity of where I actually stand. Having racked up a bit of debt in younger years I had little choice but to default. Due to circumstances I simply stopped paying (although I did enter some dialogue for a short time but the overly aggressive stance of the creditors meant it never progressed) - this would have been circa 2007/8. Since then I've had a fairly troubled life - never having any money to pay off the debts and simply ignoring any letters sent. I've not heard from most for 18 months or longer. I'm now in a position where I want and am able to sort my life out, took the plunge and ordered a credit report from both Noddle and Equifax. Both are showing as clear, with no debts, defaults or CCJ's showing. The only thing listed is my basic bank account. Am I correct in thinking these debts are statute barred or are they likely to come back and haunt me? Also, what impact are they going to have in the future, for example will I ever be able to get a mortgage or even a mobile phone on contract? Thank you in advance for any advice.
-
Hi there and wonder if anyone can help. Unfortunately, my husband passed away a couple of years ago and he handled all the payments of bills, etc. since the 90s we hired a company to tend to the garden once a month and they billed us quarterly. The problem is that two years ago when i went to pay for the services for the proceeding months ahead, they told me we haven't paid them since 1997 and gave a bill for a few thousand as they are saying it's back dated from then until now. i told them that my husband would have paid them, and he always paid things like this in cash, and they should have a record as i cannot find any receipts of payment. They said they will take me to court if i don't provide receipts as proof of payment but i cannot find any receipts . I told them if it's true that he didn't pay, why was service still continued after all this time? Their response was that the computer automatically generated the service to be met i told them I cannot find anything but shouldn't they be providing proof that money is owed??? Also wouldn't this be classed as statute barred as well? In actual fact, when i was first presented with this information about this so called debt, i did pay them for the next six months as i still wanted the service of the gardener but the money was not to go towards the "debt". How should i proceed with this one. Thanks in advance. -
Hi All. I've an old statute barred debt with a credit card with Bank of Scotland / HBOS and I'm sure that I was sold PPI as part of this. Last contact was 2007, so we're talking well over statute barred timescales. The question is - should I put in a PPI claim, or will this end up being swallowed by HBOS ( the remainder of the debt was in fact charges and interest and I told them I wasn't paying that, as it was unfair - I'd paid off what I owed them as the capital amount). Thanks in advance, lukeyboy1 -
I have a large number of accounts which are now statute barred (I'm debt free with a great credit score; fwiw). If I were to reclaim charges / PPI on these accounts would it restart the clock? Most accounts are now 10 years old. I'm happy with where I am but just an idle thought. Thanks
-
Hi All hope you're all well? I still haven't worked up the courage to sort out my CC's, but I have an interesting tale to tell. Bare with me I may go on a bit. About 10 days ago I went into a strange bank to pay one of my cards, I paid the min on B Card. A couple of days later I had a Phone call from said bank (Lloyds) inquiring if I had adequate service on my visit, I said it was fine. He said he noticed I was paying interest on the card, also that I used to have a Lloyds CC that I closed some years ago, he said I qualified for a new card and 1 year of 0% and asked if I would like one and to transfer the balance, I said sounds like a good idea, he said he would be in touch but to continue paying until then. A couple of days later I got in the post a pin mumber. A couple of days later I got the card with £3500 limit. A couple of days later I got the agreement to sign. Followed next day by a letter telling me they had transferred the balance. I don't quite know what to make of it. Any comments anyone. Watch this space. Cheers -
Early last year my husband received a county court summons for £11,500 for a credit card debt sold on to a DCA. He replied and defended the action on the basis of the limited information on the summons and that he was awaiting a reply to the CCA letter sent to them on the day the summons was received. He never received a copy of the CCA, just a letter from them saying the debt was no longer enforceable and they could not proceed any further through the courts, but would he please call them to discuss a repayment plan. They also promised to forward the copy of the CCA. That was over a year ago and we are still haven’t received the CCA, but what he did not advise them was the debt would not really be statute barred until last October , three months after their letter. Move forward to now, and I have received a letter from the same DCA and they are chasing a debt for £8.250 for a card of mine. This will become statute barred in the middle of August when it will be 6 years since the last payment. I received a letter from them dated 6 April but not received until 12 April, saying if I did not contact them within 14 days they would commence legal action. My understanding of statute barred debts is they expire six years after the last payment or admission of the debt and the creditor has until this time to obtain judgement. Is this correct and can the DCA request to the courts an extension this period for the time it takes to transfer to a local court and to a hearing? The default for this will expire soon and I am l keen to keep as clean a record as possible after eight years of financial misery. I appreciate I am morally wrong but this DCA will have purchased the debt for peanuts, -
Lowells & New Look store card - they say Not Statute Barred
nicole2403 posted a topic in Store Cards
Hi Guys, I received a chasing letter from Lowell for a debt I thought was SB they have replied saying it is not. I have been paying this through a DMC but stopped payments in 2012 (i checked my statements). Thing is I completely forgot about this and sent them a prove it letter. The debt is a store care debt and total £299.00 - They have said they have placed my account on hold when they request the contract from the creditor. What shall I do when they do reply? Thanks for your help -
I have also had my Barclaycard debt passed to a debt collection co., but this morning I had a 'phone call from B/Card telling me that they had never had a debt cancelled and that they did NOT have to produce a copy of their agreement for credit cards. Are they correct please?
-
Hi. Robinson Way own an old account of mine that I have not made payments to since Feb 2010. I thought that it would now be Statute Barred I sent them the 'stat barred' template letter last week. I have a response from them today. 'After reviewing your account we write to confirm that this debt is not statute barred. The default date on you account was 19th March 2012 and therefore this is within the 6 year period.' Are they correct? I always thought that the 6 year period began from the first missed payment. Thanks. Paul. -
Hi, apologies if this is posted in the wrong section, I am posting on behalf of a friend whom has recently started talking to his parents again after 6 years. He moved away and hasn't made contact until recently. His mother has kept a gigantic amount of mail dating back years all unopened, we got to work sifting through them. Have come across a letter from Lowells dated August stating that he has failed to make payments against the CCJ they issued against him, she has every letter that was sent to the house in his name, there are no court papers and no prior letters to this one from Lowel or letters since that onel. Its all very strange. The debt they have got a CCJ against him for is a mobile phone contract on Orange/EE he had around 7 years ago so this debt would have been statute barred, he isnt even sure if there was money outstanding but is adamant he closed the account after contacting them due to having no signal in his home, this was discussed with a customer services operator and they both decided it would be the only option. He doesnt remember anything else. Where does he go from here because obviously he did not receive any court summons and if he had he would have defended against it with the supposed debt is barred. What is the next step for him in sorting this out? Any help appreciated Thank you -
The old Statute Barred dilemna Cabot Chasing
Ho Chi Min posted a topic in Telecoms - mobile or fixed
Hi Can someone clarify if one should or should not send the SB letter before receiving a claim form. There appears to be some disagreement over which course of action to take. I have received a 'nice' letter asking me to start talking to them about repaying a debt that I last acknowledged at least 8 years ago. -
Hi All, Received so much help and support way back in 2005-2008 which turned my life around. Unfortunately a DCA (CABOT) has re-surfaced issuing a CCJ Claim chasing what I believe to be a Statute Barred debt for Vanquis they have bought. I will post all details in the relevant place and look forward to your much appreciated assistance. Regards -
Hello, Can anyone help answer a few questions I have regarding a court claim? Name of the Claimant ? Arrow Global / Restons Date of issue 08th September 2016 Particulars of Claim: 1.The Claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the Defendant (s) and Marks and Spencer Financial Services PLC dated on or about Oct 05 2004 and assigned to the Claimant on Dec 19 2013. 2.PARTICULARS a/c xxxxxxxxxxxxxx DATE ITEM VALUE 07/06/2016 DEFAULT BALANCE 564 Post Refin Cr NIL TOTAL 564 I acknowledged the claim on MCOL 14th September with the intention to defend in full as I believe the debt is statute barred. I have not submitted my defence yet. Actions so far Court claim dated 08th Sept (recieved 12th Sept) Acknowleged claim 14th Sept CPR.31.14 to Restons on 15th Sept CCA to Arrow 16th Sept I believe the debt is statute barred ( last payment/contact over 10 years ago) so should I go ahead and submit my defence now on the grounds the debt is statute barred, or should I wait for paperwork re the CCA and CPR requests? Thank you for any help!
-
I have today received this copy agreement from MINT and would really appreciate advice regarding its enforceability. I don't think everything is shown on my single page with my signature and I assume the "here is your replacement card letter" and clear copy of the CCA is a reconstruct. Thankyou! mintcca001.pdf mintcca002.pdf mintcca003.pdf -
Hi, I received a claim form Northampton CC for an old MBNA debt. It was issued by Restons. I filed my defence stating the debt was Statute Barred as it was over 6 years since the last payment/contact. They however contest the last payment was inside the time, the state 2 payments were made inside the 6 years. However I have proof from Bank Statements and also my Credit Report that no payments were made as the account balance recorded by MBNA and sent to the CRA's was the same amount for this period (therefore no payments could have been made). Restons do not know I have this evidence as I only managed to dig it all out recently and I did not have time before submitting my defence within the timeframe allowed. The claim was stayed by the court but Restons have now sent an N244 form asking for the stay to be lifted, my defence to be struck out and Summary Judgement to be given. What do I do now? I was going to submit my evidence as and when the court asked for my Witness Statement. Please advise, thanks. -
Hi all, hoping to get some advice/help. I received a letter today from Lowell Solicitors who seem to have bought a debt, they say the original account was with Three Mobile. I had a Three mobile 10+ years ago. They want £443. They claim to have written to me already about this, that they have a CCJ against me and that I am in arrears and can take further action against me. I definitely haven't made a payment for this debt in over 6 years and believe that if any debt existed then it should certainly have been statute barred. This is the first time I've heard about any CCJ and the first time I've heard from Lowell. What should I do in this situation? I've seen other advice for prior to receiving a CCJ but don't know how to proceed if they already have one. Thank you! -
lloyds Overdraft 'debt' AIC then Apex, Now Robbersway chasing
pakanena posted a topic in Lloyds Bank
Hi there! I am so pleased to have come across this group and see that I am not alone This is my first post and I have spent a good hour reading through similar situations, and feel a lot more informed that I did when I woke up this morning. I took out an overdraft with Lloyds TSB aprox 5 years ago for 1,500 pounds when I was living in the UK (I now live in Spain and have done for 4 years). To be perfectly honest, I foolishly became so involved in life here that I forgot about my overdraft in the UK. That was until the beginning of last year when my step-father called me to let me know he had received several phone calls from Lloyds requesting to speak to me, and then letters demanding immediate payment. The most recent letter was received this year from AIC. I telephone Lloyd's debt collection last year when I first learned of this and advised them over the phone of my address in Spain, and reiterated to them several times that I did not live in the UK and did not appreciate them hassling my step father. They aknowledged my address and phone number, and said they would send a payment plan to me with international bank details so I could start making payments. Two months later my step father was receiving threats from the bailiffs and I had still not heard anything from Lloyds. Again they aknowledged my address in Spain and said they would send me written communication, and promised to remove all the UK information from their system. However they did tell me that they did not know how to go about setting up international payments but that they would "look in to it". Six months, and nothing. I called again, and was told the same thing. I asked for a mailing address or a fax number so I could send my request in writing and was refused. Then came the letters from AIC at the beginning of this year, AGAIN to my step father's address in the UK. He opened one of the letters and called me in a very distressed state, especially considering I had promised him that I was dealing with the situation. I called AIC two months ago and spoke to an arrogant young man, and explained the above to him. Needless to say he was less than interested and demanded ful payment. I said I could not make a payment of 2000 pounds. They took my Spanish address and phone number (again) and promised to write telling me what options I had. I heard nothing untile yesterday when I received a letter from them stating that as they had not heard from me they would be sending my file to their legal team in Spain, and that I should contact them immediately. Conveniently there is no return address so I cannot write to them. What irritates me is that I have had NO correspondence from Lloyds nor AIC until yesterday despite me informing of my address several times. I am happy to make repayments but need to know where to make them to!! Could anybody advise me on what to do as I do not wish to have legal proceedings started against me in Spain, and more so considering I was happy to make repayments on this debt but its now arrived at this point due to the considerable incompetance of both Lloyds and AIC. Do AIC have a mailing address? Many thanks to all of you -
Hi everyone I hope I've posted in the correct area, so much to view on here. My problem is my credit report shows that I owe £261 to Orange (mobile phone) this was taken out in 2001 I have neither been contacted by Orange or any credit chasing companies regarding this debt in many years, yet this report of owing the money still shows on my credit report and what Orange are doing to keep this on my report is saying that payments are up to date and each month I owe £261, this way they are keeping a debt active on my credit report. I only checked my credit report this morning and I've just opened a dispute with noodle and explained it to them but even so is this actually legal what Orange are doing? Orange sold out several years ago to EE I believe. Is there any way that I can get this removed please? Thank you for any advice Kind Regards
-
I am currently trying to get information from Hillesden regarding a HP agreement I took out in 2001 with Associates Capital for a car. This agreement was taken over by Welcome Finance. Prior to this change I contacted Associates and told them I could no longer afford the car due to personal circumstances at the time, and asked them to collect as I had the car for 2 years which was half the HP agreement timescale. They never collected the car. I contacted Welcome after the change and told them the same, that I could no longer afford the car and to collect. Again they did not but wanted me to take out a new agreement with them to re-finance the car. I refused to do this. After checking my credit report, Hillesden Securities now 'own' this alleged debt. I checked my credit report last month and this account was defaulted as an HP agreement. This month, however, they have defaulted me for the same amount and changed the type of default to a loan account. Can they do this? Anyone? The information is lodged with Callcredit reference agency, on two other reference agency files it shows as a HP agreement. Please let me know what you think before I write to Callcredit and Hillesden -
Me & My Debts & Various CCA REquest
monkquito replied to monkquito's topic in Debt Collection Agencies
Hi, Can anyone help me out.. a month ago 1st Credit sent me a CCA (finally) for a debt which is now statue barred about two years ago. Now they are starting to chase me again for the debt. Any advice on how I should proceed? Many thanks in advance, M -
Hi all, I used to have a credit card and paid a large amount in PPI for several years. I'd now like to claim back that PPI as, not only was it forced upon me, but it was useless in my circumstances anyway (self-employed, claim was denied). Unfortunately, that credit card had a large outstanding balance when my income plummeted and was ultimately passed through several debt collection agencies. The debt is now owned by a notorious DCA (statements mention a date of "assignment"). the debt is statute barred, I haven't acknowledged the debt or serviced it in any way .. . although I haven't written to the DCA, so I still receive endless letters about it. The problem is, I've read about a lot of PPI claims being successful, only for the refund to be sent to the DCA. I'd rather not make a claim at all, than do anything which will profit this particular lying, manipulative, deceitful, apology for humanity. So, with all that in mind, I thought it would be worth getting in touch with the DCA and trying to settle the debt for a tiny amount. The idea being that with the debt satisfied, the DCA would have no claim to any PPI refund. This worries me though, as I've read about the clock being reset on a statute barred debt, by either an acknowledgement of the debt or a payment of the debt. So ... umm ... that's about where I'm at. Does the DCA have the right to a PPI refund with a SB'd debt? Is it worth trying to settle the debt? Would this make a difference for PPI claim purposes? Is it risky to contact a DCA offering settlement? Would this reset the time limit? It would be great to hear of anyone else who's been through this situation, particularly with barclaycard, and obviously any advice anyone has generally would be gratefully received. Thanks! Bob. -
Hi, in the middle of December 2015 I received I letter from Mortimer Clarke Solicitors chasing a debt with Cabot Financial, after searching this site I sent them a prove it letter, heard nothing .... received court papers between Christmas and New year. I submitted a defence saying that I had no knowledge of the debt and has asked the solicitor to provide evidence. Mortimer Clarke wrote to me in late January 2016 saying that they would put action on hold whilst they waited for their client to provide the evidence.Since then I have heard nothing, until last week (8 months later) when I recieved a letter from Mortimer Clarke with the enclosed copy of the CCA of a loan had taken out in 2009 and a statement of account dated March 2016. They have made an offer to reduce the amount owing by 40% and if I agree that it would be a Tomlin order but I have to respond within 14 days. I believe though that this debt is statute barred, the last full payment of this loan was July 2009, they kept trying to take payments and successfully managed to take a token £25 payment from my account on the 10th September 2009 (which I think, based on the statement they have sent, was a charge for writing a letter to me). Since then I have made no payments and not acknowledged the debt in any way. I need to respond back to Mortimer Clarke, can someone tell me if the debt is statute barred and what the procedure would be for the ccj which is currently on hold Many thanks
-
Hi there, Thanks for reading. I'm new to the forum, and hoping I may be able to find a little help with my current situation. I'm in a bit of a tangle!. Essentially I received an N1SDT CCJ claim form in the mail, too late to reply, and subsequently received a CCJ. I believe the debt to be statute barred, and intent to have it set aside if possible. I'm currently trying to claw my way out of long term unemployment by starting a small business (via the JSA/NEA scheme. I'm in the very early stages), so this is pretty awful timing. On the 18th of August I received a claim form dated 25th July. Obviously at that point it was too late to submit a seemingly simple defense, and the court ruled in favour of the claimant. I have received a 'Judgment for Claimant' notification, and correspondence from the claimant. The debt is from a capital one credit card dating back to August 2007, and was apparently 'assigned to the claimant' in Oct 2009 (this information is taken from the 'particulars of claim' section of the claim form that I received). I have no records of the debt, but have had no contact with anyone regarding the debt/account since the point were I stopped making payments (which I assume is 2007). I'm hoping that I can have this CCJ set aside, owing to the debt being statute barred. I'm currently claiming JSA, have no savings/additional income, live in my father's home, and I believe that I meet the requirements for a full remission of court fees, should I be able to go down that route. Though I'm not really sure how I go about doing that. Also I'm not entirely sure what kind of evidence I would have to supply. I have no records from the time, and assume I'll be needing them. Any advice with regards to my options at this point would be greatly appreciate. My understanding's pretty limited, and time is of the essence it seems. Thanks for any help.
