Erudio - no CAA no default - discount offer - now PAP Letter

[fletch70]

I think there is at least one debt purchaser (Lowell) http://fca-consumer-credit-interim.force.com/CS_RegisterSearchPageNew

who is licensed to operate live accounts in which case they would be able to issue a S87 DN or indeed a notice to place a default.

[fletch70]

Because, as far as I am aware , most did not have the facility before. However just because they have not done it doesn't mean they can't.

If you look at the FCA register Cabot are the same now.

 

To be honest, for them it makes perfect sense, removes the time and trouble when a creditor doesn't default correctly. They can just fix it.

 

Not saying I like it or agree with it.

[fletch70]

Do they have to issue a Default Notice ?

 

I am not up to date on the old student loans but if a DN is needed there was that crazy court of appeal ruling which says limitations starts the remedy date on a DN

[fletch70]

I've just looked back at the thread and it seems (although I could be wrong) some form of DN might have been issued in 2016. IF it was a S87(1) DN the SB argument would need some further consideration.

 

I am told the judge agreed with PRA's view (at the first appeal) that if there was an undue delay in issuing the DN, an unfair relationship could be argued but that is way above my pay grade

 

I wasn't aware of the Scottish ruling but there again I do not tend to get involved at all with Scottish law

[fletch70]

We know that at appeal it was ruled the default was the earliest cause of action so I can see them arguing the deferral was 12 months then a further (lets say 3) months for a default takes us to July 2020.

 

Certainly time to try stringing this out - also did they send a DN? 

 

I have just read one of the letters, did you try and defer in 2014 ? If so then surely that would be acknowledgement of the debt - sorry to sound doom and gloom

[fletch70]

I have to disagree- sending the SB must be seen as an acknowledgment and if the debt is not SB you are just resetting the limitations 'clock'.

 

I would be trying to find out via a GDPR request when the default notice was sent (if it had been). I won my case against Lowell because they could not produce a DN 

[fletch70]

I think you need to read the letter again 

 

Quote

The last payment or acknowledgement of this debt was made over six years ago and no further acknowledgement or payment has been made since that time

 

If that is not saying yes the debt is mine I don't know what is. If the above claim is untrue, you have just re acknowledged the debt .

 

You must forgive me for being cynical at your claims they won't do anything as you told me Lowell would discontinue as soon as I filed my defence. Well they didn't and went all the way to court, admittedly a costly mistake for them.

[fletch70]

Yet all your advice on this thread has been for a CCA regulated debt- send a CCA Request- they are in default etc etc 

 

Either they are treated as CCA regulated debts or they aren't. 

 

By the way to Pencil - you redacted the DN, it looked ok but was there a clear 14 days from service of the letter to the remedy date 

[fletch70]

I work on the principle that just because it doesn't appear on here there is no guarantee it does not happen. 

 

It may be that this particular account was defaulted at some point after the last deferral was accepted so sometime after April 2013, from the info on this thread it may be sometime after April 2014 .

 

If that is the case then the account is someway from being SB so sending the SB letter may not be the best idea at the moment. 

 

 

[fletch70]

Dx- clearly you will disagree with anything I say because it is me who is saying it. It was the same when I used to say send CCA requests and talked about unenforceability.

 

You say no court case has ever referred to it , I assume you mean the default date- well my sources tell me otherwise, it was apparently used within days of the judgement being handed down. 

 

I also believe Pencil has already replied to the PAP , wasn't that the reason they finally sent the agreement?

If they are communicating at the given address, I can not see how they can get backdoor CCJ.

 

Pencil, I really do not know what the best way to respond is, as of yet they haven't issued you with a claim form and that is really how you want it to stay. 

 

How long is it since you last wrote to them in any way?

If what DX says is correct in that if you return PAPs etc they do not issue claims , you would be fine. I have no evidence either way 

[fletch70]

Pencil

 

With all due respect you did mention a PAP. You said this was how when they complied with your CCA Request- after you had sent a PAP response.

 

You want to know the way forward and UB has made some good points about making a Full and Final Offer but be careful about the wording of any letter.

 

I asked you about the details of the DN, the reason I asked is that a DN should be compliant  in order for a claimant to rely on in court although some judges may view a nn compliant notice as not relevant (different to no notice at al). If it were non compliant it may give you a little more bargaining power as they will know it is bad.

 

DX says send the SB letter because they believe it will see them off for good and you will not have to make any payments at all.

 

By the way, if you are not working and IF they did issue a claim you could in most likelihood get a Tomlin order at a very small monthly amount which would mean no CCJ although would leave you paying for a long time. I have heard of a £1 a month on a large debt that was going to to take several lifetimes to repay.

 

It is hard to give advice as to what your next step should be as every case is different.

[fletch70]

52 minutes ago, unclebulgaria67 said:

What I don't understand is reluctance to use statute barred defence.

 

Any reasons for this ?

Possibly because pencil is taking note of what you said in post 60 and if it wasn’t SB , reminding them of that is not a good idea. 

 

Mind you, if a claim form arrives surely that can be part of the defence. 

 

Pencil

Non compliance with a S77 request only makes a debt unenforceable until they do comply. Being UE doesn’t stop them asking for payment. 

Also technically issuing a claim is not enforcement and certainly issuing a Letter of claim is not enforcement.

 

I think you are flogging a dead horse with your complaint, indeed you are keeping the account high on their agenda.