hi can anyone advise

i got a letter from triton credit about an ex girlfriend who got me as an joint account holder on her rbs account

was with her for about a year, (this was 6yrs ago). triton wrote to me saying i owe nearly £4k about her account which i never had a card and never used the account

i can prove i havent been with her for 6yrs so my question is shes obviously run up this debt, ive never spent the money or had a card to do so and wasnt with her when she did run up the debt

whats my liability?

thanks

None, send them the prove it letter first

thanks will do...

check the templates section should be a nice on in there

hi

i wrote to lowell recently requesting the cca for a debt

i know they have 12days to reply, this was over a month ago they keep writing saying there asking lombard for the original, does t really take this long and what is the 12day rule for anyway

any advice wud be appreciated

thanks

Hi,

A debt becomes unenforceable under the CCA if a creditor does not supply a true copy of the signed credit agreement within 12 working days of it being requested.

The debt remains unenforceable for as long as the creditor fails to produce the signed credit agreement – this means if they produce the agreement some months down the line, they are quite within their rights to enforce it. They do not need to take any further action to enforce the debt. A debtor cannot take any action against the creditor for failing to produce the signed credit agreement within the prescribed time, because that is up to the agencies that the offence has been reported to. Any sanctions that may be imposed are at the discretion of these agencies, and it is not a matter that the debtor can take to the civil court.

Hi JH,

Lowells are out of time, send them the account in-dispute letter and ignore all threatograms that they send to you until they comply.

http://www.consumeractiongroup.co.uk/forum/content.php?436-Failure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale.

Stigman

thanks for the advice

thanks for your advice,

i got another letter today (260311) from lowell again!!! stating they are waiting from lombard to get the cca from their archives,

thats about 4 letters in the last month!!,

if they sold the debt to lowell surely they would have had to give them the cca otherwise

what proof is there that i have a debt with them...

The Original Creditor will hold the CCA, what was the debt.

original credit was with a car finance place called yes! car credit,

which i beleive was underwritten by lombard..

.it was 247permonth for 4yrs

paid it for 2yrs without missin a payment

but due to personal reasons, could not afford it anymore,

so i handed the keys back to them,

they sold the car and said i still owe £2k on a car which at the time was worth about £2k

even after i had paid nearly £6k in payments already!!! plus the sale of the car!!!..

.god only know what the interest was,

this happened about 7yrs ago.

hi

i got a letter from 1st credit saying i owe 6500 to lombard, now i know i have had a car loan with lombard 10yrs ago and paid if for 4yrs then defaulted due to losing my job

and i have sent 1st credit a letter stating i believe it is SB but my question is, is the mere fact of me sending a letter stating it is SB an acknowledgement of the debt, even tho im 100percent sure no money has been paid for 6yrs, any advice would be grateful, thanks

well yes

you are acknowlege the debt but once you have stated its statute barred then they have to prove its not

a common trick is that a dca will go by the default date

its the cause of action being when you missed the payment, not the date they defaulted you

If you are sure no money has been paid and it has not been acknowledged for 6 years then it is Statute Barred, you cannot un-Statute Bar it. They have every right to ask for the money as the debt still exists, and you have every right to say no I'm not paying it - there is nothing they can do.

thanks for the advice, its very much appreciated

I would check your files and bank statements first, whilst waiting for a second letter from 1st Crudit. Then you can decide what, if anything, you send them. Personally I would ignore them.

thanks all for the advice

Just to help others always head this type of letter with

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY OR ANY COMPANY YOU CLAIM TO REPRESENT

And refer to the matter as "aledged sum owed", or some such wording

Subscribing...

would just like to say that lowell financial have sent me a letter saying they are closing an account that they cannot get a cca for!!, still believe it never existed in the first place...will keep the letter in case the vultures resurface in the future

cant believe some of these dca are so blatently forward with their demands even when it cant be proved!!!...modern day dick turpins!! they really are....

great site,a lot of excellent advice and well worth joining,thanks

Definitely keep that letter you will probably need to copy it to send to the next bottom scraper to appear.

dpick

ye thats for sure....

Hi guys, got two letters from 1st credit and one from lcs solicitors (acting for 1st credit)....now they say they brought my debt from lombard which i maintain is statutue barred, which they seem to completely ignore!.....ive asked for cca which they say they will contact lombard for but my question is how can they chase me for a debt without documentation in the first place, do lombard ring em and say. Hey guys ring up mr smith (not real name) and threaten him with this that and the other as he owe us money!!....

They must have some information from lombard in the first place to write to me or do they jus make it up.....any advice wud be grateful thanks

sounds like you are on a phishing list

pers i'd ignore them if you are confident its sb'ed

continuing to contact these fleecers just puts markers on your file that a mug awaits fleecing.

dx

Also if it is SB then you really should be complaining to the OFT/TS/FOS and your local MP.