Chased debt not in my name, SB'd - ***Discontinued***

[Acydman]

Hi

 

My partner and I received a letter from before Christmas chasing us for a debt that was original signed for by herself and her previous partner at a previous address back in 1994. By coincidence her ex and me share the same Christian name.

 

She has not paid this debt in over 10 years so it is statue barred. However they are writing and phoning all the time ask for us by Christian name rather than full name. Clearly they are fishing - they have even added my name to the debt WITHOUT proof.

 

I was going to send them the £1 for the credit agreement, statue barred letter, prove it letter and the protection from harassment letter - all in one neat packaged signed for.

 

Anyone else got any other suggestions?

[debbbbsy]

Ignore them.

 

When they phone refuse to answer the security questions and tell them in no uncertain terms, you are cataloguing every call, time and date and intend to have them charged with harrassment.

 

They'll soon get the point .

 

Don't waste your money on a CCA and postage.

[Crocdoc]

As a matter of interest as there is a huge amount of SB debt being pursued at the moment, which company is chasing you?

[Acydman]

Due to the public nature of these threads would rather not say you can PM me if you wish to find out.

[DonkeyB]

How do you know your name has been added to this debt?

[Ganymede]

They can't have just added you to the claim.

 

I don't think we're getting the whole story here...

[Acydman]

Ok

my wife and her ex broke up in 1996

she had a lot of debt that she told me she sorted.

 

I have the same christian name and date of birth as him and I even lived at their home which was my wife's for about four years.

 

However we are both from different ethnic backgrounds and its a pure coincidence they have linked us up on a few common factors.

 

We cant get hold of her ex as he no longer lives in the UK and his parents have died.

 

She was under the impression he had made arrangements to pay this debt off.

 

So basically I am asking them to prove I signed the agreement,

as far as my wife is concerned its statue barred as she never made any payments nor acknowledged the debt.

[MrHat]

Have you checked your CRA file?

[Acydman]

 

Ok things have moved on they have sent a statement showing payment made in 2008 so its not SB, but they also sent the copy of the original agreement.

 

I need some help with this please as they are now taking my wife to court in seven days over this.

Edited May 27, 2012 by Acydman

[DonkeyB]

I thought they were taking you to court as well?

 

Did your wife really make this payment? Have they provided proof? Could there have been a six year period prior to this when no payment was made? If it was SB, a payment can NOT change its SB status. You need full statements of the account.

 

The letter is dated April – you have left this very late.

 

You need to link to your image via Photobucket or similar – too small to read. As previously requested, we need a whole lot more info on this.

[stevo7790]

I agree with Donkey, that smells like a phantom payment... you want to find out who made it and by what means.

 

Ask your wife to get her bank statements relating to when this alleged payment was taken and see if it left the account.

[Acydman]

Ok I need urgent help on this one - it is a debt my wife had with her previous partner who has the same first name and was born a week later than me, so they have used tracing to find.

 

My wife had got into financial difficulties before she et and was making arrangements to repay this debt, the two previous DCA, Fleetwood and Wescott had agreed to freeze the interest but in 2007 it was assigned to Link and they started to charge interest, she wrote asking them to stop charging interest and got no response so she stopped paying, under the agreement this has since doubled the debt.

 

They have now issues a County Court Claim and I need some urgent help to get this sorted - she is willing to pay the debt and would offer a full and final settlement but they are claiming the debt is £11k not the £5k we understand it is or should be. The is a debt from 1995 it is not status barred as she was paying until november 2008.

 

I really appreciate any help given on here as I want to avoid a CCJ at all costs but also make attempt to settle the debt.

[unclebulgaria67]

Can you post up the particulars of claim (POC), removing any info that could identfy her.

 

Is this a different debt to the one you started this thread about ?

 

Once you post up the POC, hopefully we will be able to advise you further.

 

My instincts are that you may be best to challenge this in court by defending it, rather than trying to settle. But more info is needed. Do you have a copy of the original CCA and terms and conditions for this account ? What type of debt e.g Loan, credit card, mortgage shortfall ?

 

If you try to go for an F&F settlement, you will be doing so from a position of weakness. They will want details of your wifes financial position. If they are claiming £11k, why would they accept say £3k, when they can enforce for the £11k.

[Acydman]

WHats the CPR letter I need to send them now so I can get all the information together.

[unclebulgaria67]

WHats the CPR letter I need to send them now so I can get all the information together.

 

Can you post up the info asked in last post.

 

As for letters, you send a CPR 31.14 for any documents mentioned in their POC and a part 18 request for any information you want from them.

[Acydman]

Ok this is the same debt after digging out the paper work.

 

It is for a home improvement loan which was with first national bank I did get the copies from them trying to dig them out again - is it worth sending over request again?

[unclebulgaria67]

Ok this is the same debt after digging out the paper work.

 

It is for a home improvement loan which was with first national bank I did get the copies from them trying to dig them out again - is it worth sending over request again?

 

You can, if you want. You need to probe their POC, which is why I asked for the POC details to be added here, if you want people to suggest info you might want to ask them and how you might defend.

 

I think it is reasonable to ask for all statements of account for the whole period of the loan and for the claimant to provide a full breakdown as to how their claimed amount has been calculated.

[Acydman]

OK when it went all wrong my wife used the CAB to get an agreement with Davis&Co that no further interest would be charged on the account. The letter confirming this is in the album I am sharing at the bottom of this post. When Link took over the debt they said she could no longer pay by standing order they wanted Direct Debit only and they were now charging interest so she stopped paying them as she wont use DD because we had another DCA try to take the whole debt by DD once.

 

IN the album is the original credit agreement and all the court documentation sent by them

 

I am very conscious of time and very worried we do want to pay the debt bu we don't wan a CCJ they have offered to allow us to pay the balance over 5 months and I dont know where I can get that sort of cash from?

 

They are not aware of the Davis & Co letter but that is going out recorded delivery today.

 

Link to the the letters are here:

 

LINK REMOVED

Edited September 8, 2012 by ims21

[unclebulgaria67]

This loan for the windows via SafeStyle appears to be from 1993 and not 1995. What was the payment history like from the date the loan was advanced up to the dates in the statement shown on Photobucket ?

 

Why did they add over £5k's worth of interest in July 2006, which more than doubled the outstanding balance at the time.

 

Think you need to see a solicitor with all the paperwork. Will cost you a bit, but may save a load of money.

 

The link may be deleted by the site team, as photobucket includes loads of documents which identify the defendent.

 

Don't send any documents to link at this stage that may help them, without getting legal advice. You may be better to ambush them nearer the date of any court heating.

[Acydman]

They have never stated why they added the interest other than its on the original agreement.

 

They also stated in previous letters that even if the interest goes higer than the original agreement you will only ever pay what it due under the original agreement.

 

Can someone recommend a good solicitor for this?

[Acydman]

Ok i have made it private now until I remove the offending parts!

 

If someone wants to view I can provide a password but you will need to PM me.

 

Thanks

[havinastella]

I have to agree with UB here.

 

You need a detailed breakdown of payments from when the loan was issued to date. You need to find out why £5K was just added. You need to find out why they brought this debt in 2004 and waited 8 years to bring a claim.

 

This may take a lot of defending, BUT I really think you must defend it to the end. There are simply taking the pi$$.

[unclebulgaria67]

I think I would be asking for statements of account from the original creditors to be provided from inception of the loan. Could it have been statute barred before Link bought the debt ?

[Acydman]

If payments were made since 1997 then is cant be barred?

[unclebulgaria67]

If payments were made since 1997 then is cant be barred?

 

Statute barred is ANY period of 6 years without payment or written acknowledgement. So if she took out a loan in 1995, defaulted in 1997 and then did not make any payments or admit to the debt in writing for a period of 6 years, the debt will be statute barred. It does not matter if she started paying again say in 2004 or 05, as those payments would not affect the debt being statute barred. So get the proof of no payments for 6 years and use that as the defence.