M+S Credit Card debt - Global Debt Sequence of Events

[brokebutnotbeatn]

ok. I wouldn't use a template letter unless it's just a skeleton for what you want to say. IMHO stands for 'In My Humble (or Honest) Opinion'. I would say that you have spoken with M&S who confirm that the account was closed in 1998. At this time you also moved house and changed financial accounts and you are sure no payment or acknowledgement towards this debt has been made by you and from any account you have held since 1998. At no time have you appointed a third party to act on your behalf in relation to this account. The debt is clearely SB'd and has was SB'd well before you were verbally harrassed into making a payment in August 2007. You have researched your rights now and will not be subjected to on-going harrassment from them as you fell foul to in August 2007. As they know once SB'd the debt remains so irrespective of subsequebt payments or acknowledgments by the account holder. You therefore advise them that you will not be paying towards this account and they should accordingly cease processing your data and confirm they ahve deleted your contact details from their files. To find a template letter you can use as a skeleton look up at the top and click on the green 'library' link.

[pam56]

Hi brokebutnotbeatn Can't believe how stoopid I am. Just looked at letters from Global & Experto Credite and noticed sum outstanding of approx £730. This now makes sense. They are saying paid £60 in 2007 and a previous coerced payment from a 3rd party of £100 means original balance approx around £890. Which is the amount I defaulted on more or less if my memory serves me well. So def looks like there is only th two payments on the acount. My daughter remembers paying the amount but not when but remembers saying "it was years ago". Think may have Global by short & curlies now!

 

Taking yr advice and drafting my letter now re satutue barred etc. Also wld it be worth adding these comments re not apointing 3dparty to act etc... and also about being harrassed. Also shld I mention that Ibecause I haven't had a reply to my CCA request and the fact they are (will be) in receipt on my stat barred letter than if they proceed to take court action I will consider it to be vextitious (sic) and malicious.

 

Oh and I thought of jazzing up my letter with a nice border with te words foxtrot omega lol lol lol

 

I'll let youknow what happens when I get their reply

[brokebutnotbeatn]

I really don't think it helps to be silly in these situations (IMHO!). I put thoses comments re 3rd party and harrassment in as away to get it in writing if they try and counter your daughter and also to show you didn't know your rights in Aug 2007 but you do now. Of course what you say and how you say it is up to you. But my advice is keep it to the point and short, don't over embellish, and be professional about it.

[pam56]

Hi

 

Letter done and ready to send tomorrow morning. When I've a bit more time I'll post up a copy in case it helps anyone. Minus my fancy border I was only joking !! don't think any legal/judge etc would be non too pleased to see something lik that. I'll save thaem comments if te try to ring me! Thanks for help and advice.

[OMGJim]

Not unless they reply to your CCA request within 12 business days and said CCA is correct. If they don't reply then the account is in dispute and they are in default for failing to comply with your CCA request. The account cannot be passed into legal until such time it moves out of default i.e. they send you the correct document. If they don't send it then it stays in default and no further legal action can be taken. They can send you letters asking for payment and make threats like "we may take legal action" but they will remain as threats until such time they provide the CCA and remove the account from default.

[pam56]

Hi this is a tricky one as it overlaps i.e. sent my request, then they replied by posting same day a letter saying court action within 10 days of letter being rece'd by me. So that would cross over the 12day period I have to wait for CCA. That's why I'm confused.

[OMGJim]

No it is not that tricky. Basically you have now sent them a CCA request and they are required to respond to that request. They must send you the CCA within the time limit or the account would be in default i.e. they are in default. They can write to you and explain they will require time to obtain the CCA or they may fob you off and say you must write to the original creditor. That is wrong and they are responsible. It could take them 1 day or it could take 1 year but until they find it and send it to you, the account remains in default and no legal action can commence.

 

Don't panic, they cannot issue court proceedings without first complying with your CCA request.

[pam56]

That's a relief then. asmore worried that they would take me to court without me being able to see my CCA. I have also rang the OC (M & S) to ask if they had records, and, altho' no account showing she informed me that I opened the a/c in 1995 so think it is most def stat barred. Just sit back now and wait for their reply. Thanks

[madman72]

Hi Pam

You say as it was opened in 1995 but that doesn't make it SB.

When did you last acknowledge or pay the debt ?

I know this guy says that you paid in 2007 , is it possible.

As Jim says , until they comply with your cca request they can not enforce anything through court.

If they do comply you might need to SAR them or at the least ask them to tell you how, when and where you made this alleged payment

[pam56]

Hi Madman

 

No I didn't mean it was stat barred because I opened it in 1995. What I really mant was that to my knowledge I only had & paid into the account for three or four years which would make it around 1999 -2000 when all payments etc stopped. Since then my daughter made a payment of £100 which I believe can be considered as "coerced" & "intimidating into making payment" no idea when tho' The next I hear of is a phone call in Nov 2011 to tell me that I owe this money and that I paid £60 in 2007 which cancels outthe tat barred and they are threatening court action.

 

If I stopped making payments in 1999-2000 then the a/c would be stat bared in 2006? so would the 2007 payment of £60 restart the clock ticking. I've been told not but still a bit confused.

Also I requested (by email) on 12th APril followed by a hard copy same day a CCA copy. They obviously then sent out the threatening letter. It is tyed as 12/4/2012 and I rec'd it on the 16th. Says will start court action 10 days after date of letter which would be today!!

 

Thanks

[ims21]

Two threads merged

[pam56]

Hi Sorry new to all tis what does it mean "ywo threads merged" thanks

[ims21]

Well I was confused but it means that there were two different threads and ims has put them all together.

 

Yep that's right...two threads running which were to do with this "debt". Now merged together so that whole history is in one place. That way you'll get best advice because the story is in one place and all can see what has been done so far which makes it easier to give effective advice.

 

ims

[pam56]

Thanks for the merge. I've just lost one of my posts tho. Someone replied at 17.35 last nigt and yahoo mail brought me to this site but the message isn't on here, any advice to find it?

[ims21]

Unwanted input from a disruptive source I'm afraid

 

All sorted now