Debt not paid by "trusted" party, fraud

[robcag]

Yes all you need to do is mark the PO for stat fee only the other ''statements'' are superflous.

 

Sorry, but with all due respect, they're not superfluous in my mind, quite the opposite in fact. I doubt very much whether a PO could be produced as evidence after it has been cashed by a DCA/creditor, and then gone to the big Post Office black hole. Far better to have evidence in writing in the form of a copy of the instructions given to the DCA regarding the payment.

 

Rob

[Skelly1983]

Will be noting in the letter that this is for the cost for the loan agrement and not to be used as a from of payment as stated earlier.

 

I will also send this as PO, unless there is a better way of sending the £1?

[robcag]

PO is the best way to send the payment as you don't have to sign it.

 

Rob

[Skelly1983]

would i just put the company name on the order? CapQuest

[BRIGADIER2JCS]

Yes, then write on both sides of the PO ''For Statutory Fee only''.

[Skelly1983]

Will send that today to them, will let you know once they respond, thanks

[Surfer01]

Will include just to be safe i think.

 

Wife just checked credit file on Noddle and it has been updated last month with the last 5 years of defaults dating back to may 2007.

 

Is that date 6 months after the fist month they was not paid? or is this when CapQuest had taken over the file?

 

Would you send the £1 as a postal order?

 

Also slightly of subject but me wife had a loan with LyodsTSB which has been fully paid under a payment plan but it is listed as defaulted the entire time, and they placed the record on the file twice so there is two identical loans on there?

 

Can you please raise another thread regarding the Lloyds/TSB issue so as not to confuse the current issue? Post a link to it on this thread and we can have a look at it and hopefully advise correctly.

[Skelly1983]

Thanks surfer01.

 

here is the link http://www.consumeractiongroup.co.uk/forum/showthread.php?368036-Default-for-already-paid-loan

[Skelly1983]

They have responded back to inform me that they have placed the account on hold while they get the requested SAR.

 

Also i had sent a letter of authority from my wife to autorise myself to deal with the alleged account, they replied back saying that she would need to sign this otherwise they can not autorise me to talk on her behalf, this i feel is a trick to get her signature?

[ScarletPimpernel]

There are various ways to get around the signature thing. It's more likely to be a delaying/obstructing tactic than an attempt to get a useable signature, but I wouldn't trust Capquest anyway.- sign over a row of large 'X's printed in bold - sign over the date printed in bold

[ScarletPimpernel]

Spacing gremlins again, I see.

[Skelly1983]

They can delay all they want it is statute barred in less than 3 weeks.

[Skelly1983]

Accounts received and the last payment was on 29/08/06, I am sending the statute barred letter to them.

[BRIGADIER2JCS]

Carefully worded Skelly!!!! address to the compliance manager.

[Skelly1983]

I am sending the following:

 

Dear Sir or Madam,

 

Your Ref for alleged debt: *******

 

I refer to an alleged debt for £20794.80. For the avoidance of any doubt, would you please note that I do not acknowledge any debt to your company or any company you may claim to represent.

 

You are reminded that, under Section 5, Limitation Act 1980, all alleged debts alleged to have been incurred under simple contract become statute-barred where no acknowledgement or payments have been made in the last six years. No acknowledgement has been made nor have any payments been made in the last six years.

 

Should you wish to contest this, you are reminded that the onus is on your company to provide irrefutable evidence that any alleged debt is not statute- barred.

 

Your attention is drawn to current OFT Debt Collection Guidelines in their entirety and, in particular, those relating to Statute-Barred Debt.

 

---

 

 

Once this has been acknowledged, will be applying for PPI on this as it amounts to around £6k as per the original agreement, I am right in believing that this this does not change it from being statute barred?

 

I am aware that Abbey may pay this to the DCA, which is fine as i dont lose anything and there is a chance it will pe paid to my wife in full.

 

If they do pay this to the DCA, we would still get the interest that was paid on this, is this correct?

 

 

And once again thank you all very much.

[BRIGADIER2JCS]

I am sending the following:

 

Dear Sir or Madam,

 

Your Ref for alleged debt: *******

 

I refer to an alleged debt for £20794.80. For the avoidance of any doubt, would you please note that I do not acknowledge any debt to your company or any company you may claim to represent.

 

You are reminded that, under Section 5, Limitation Act 1980, all alleged debts alleged to have been incurred under simple contract become statute-barred where no acknowledgement or payments have been made in the last six years. No acknowledgement has been made nor have any payments been made in the last six years.

 

Should you wish to contest this, you are reminded that the onus is on your company to provide irrefutable evidence that any alleged debt is not statute- barred.

 

Your attention is drawn to current OFT Debt Collection Guidelines in their entirety and, in particular, those relating to Statute-Barred Debt.

 

---

 

 

Once this has been acknowledged, will be applying for PPI on this as it amounts to around £6k as per the original agreement, I am right in believing that this this does not change it from being statute barred?

 

I am aware that Abbey may pay this to the DCA, which is fine as i dont lose anything and there is a chance it will pe paid to my wife in full.

 

If they do pay this to the DCA, we would still get the interest that was paid on this, is this correct?

 

 

And once again thank you all very much.

 

Nice letter Skelly RD it to their Compliance Manager.

[Skelly1983]

Will RD it to them tomorrow, thanks.

[Skelly1983]

The loan company (Abbey) did not try to get in touch with my wife to inform her of the missed payments and also that this would be listed as a default.

 

From what i noticed within the Consumer Credit Act they would have needed to inform her that this account was outstanding, would this not mean the default that was listed against her was unlawful?

 

I just want to cover everything over this as for want of a better word she was 'shafted' with this one, as she made all her payments to her ex-friend, and at no point was she made aware that the payments was not pad and the the DCA did not get in touch until around July 2012 when they had bought the debt back in Oct 2009.

[Skelly1983]

They sent a response letter telling me that they had received payment on 08/11/06, and therefore it is not statute barred, the letter was dated 10/11/12 so that would make it 6 years and 2 days.

 

This was actually bounced back to the account on the 10/11/06 as the fund was not in account, all this was in the transaction summary.

 

Called them up, recorded the call (notice of call recording letter had been sent to them), informing them that of these facts and there answer was that the 6 years was from the date of the default, informed them that this was not correct and they checked with there legal team who told them i was right, the account is now listed as statute barred and they will be sending confirmation letter (which i have requested).

 

I thank everyone for there help in resolving this issue.

 

Brigadier you can change your signature to "Recovered/Saved over £52000.00" now, thanks.

[BRIGADIER2JCS]

Thanks Skelly good result!!!!