Hi All,

I am disputing SB status of an old CC debt with default date of March 2010.

No payment or acknowledgement was made ever since the default date to any of the DCA's who chased this debt.

The DCA currently chasing me had threatened court action to which I responded with the standard SB letter quoting the Limitation Act.

However they have come back stating it is not SB as the original creditor had received the last payment in July 2014, which is absolutely not true.

The only payment I made was in July 2014 of £1 fee to the DCA chasing at the time to produce the CCA

and I had clearly noted in the letter then that this is only to be used as fee for the CCA

and that I do not acknowledge any debt.

It was not towards the debt and certainly not to this DCA.

The interesting this is the outstanding amount quoted by the then DCA and this DCA remains the same,

i.e. they have not applied the £1 to the debt (and they should not any how).

Can someone please advise what should be my next action?

They seem to suggest in the letter that I shall be getting Claim forms soon.

Thanks in anticipation.

Statute Barred is an absolute defence even if they do issue a claim. You have responded that the debt is statute barred it is now down to them to prove it is not. Just ignore them

Who is the DCA?? Some are well known for this

If memory serves me right, Lowell did this at one stage as did Muck Hall.

If they are trying to claim the £1 payment restarted the SB clock, a Formal Complaint MUST be issued. They know that if the case went to the FOS, they would be in trouble. The £1 is a statutory fee and must not be used for any other purpose.

Did you receive the CCA or have they acknowledge or request in some way?

Although the advice above is generally correct, I suggest that you don't ignore them but put them on notice that any alleged debt is statute barred. Draw their attention to the CONC rules http://www.consumeractiongroup.co.uk/forum/showthread.php?426148-CONC-7.15-Statute-barred-debts and tell them that they can either provide proof now or proof in court that a payment has been made. Tell them that the only payment which was ever made was for a CCA.

Tell them that if they persist, then you will make a complaint about them under CONC

Thanks OD. All they have said is last payment made to original creditor in July 2014 without providing any details or any proof.

Even if they consider the £1 payment for the CCA as acknowledgment of debt, what is generally the Legal/Courts view on this? Are you aware of any instances where the Court had considered a CCA request with £1 payment as acknowledgment of debt?

Thanks.

Thanks Silverfox1961. I did receive the CCA from the the other DCA.

The current DCA have been vague saying payment was made in July 2014 but haven't given any details of what, how much etc, and the only think I can think of is the £1 CCA payment I have made to the then DCA.

Then ask them how paid/cheque etc cheque number drawn on whom? how paid by whom and any method they say made = all in all prove it? this is not un common these days they try it all ways,

Thanks to all. I shall write back to them to prove the alleged payment was made and provide all details supporting their claim.

I shall provide update when I receive their response or Court claim form.

name names please

Strangely enough .......

http://www.consumeractiongroup.co.uk/forum/showthread.php?467129-Does-a-S.77-79-Request-Constitute-Acknowledgement

Andy

Hi all,

After going back and forth with the DCA with prove it letters and saying that it is SB, the DCA didn't provide any proof but said that they received a letter from the card issuing bank that they had received a £1 payment towards the account. Please note they said "towards the account" and not "toward the debt".

I replied again and told them that it is SB and no payment or acknowledgement was made to towards debt in the last six years and asked for the banks letter (which hasn't been provided). I did not however clarify that the £1 was paid requesting CCA (within the last 6 years) as I thought this could somehow weaken my case.

However now they have issued a claim though Court. To begin with I have acknowledged the claim stating I will be defending the full claim and have 28 days to file my defense. I will start preparing my defense would need your guidance/help.

To begin with I contacted a debt charity who advised that asking for CCA (irrespective of the £1 fee payment) would be classed as acknowledgement! I was surprised and asked if they have any Court case examples of it and was advised they haven't seen any but it is their view and asking CCA means acknowledgement.

Is this true? Has any one come across a DCA succesfully arguing in court that a CCA request/£1 fee payment is acknowledgement and winning the case?

Thanks in anticipation

Thread moved to Financial legal Issues.

If you would read the following link then copy and paste the Q,s and your responses back here for further advice.

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2016**

Andy

they are wrong again = the £1.00 fee is a statuary fees required for copy of an alledged enforceable CCA1974 and does not count - which debt charity? hence we say to write on postal order etc for statuary use only, meantime get your defence going but submit the day before it is due to be submitted as then they have no time to mess about and trash your defence,

Thanks. It was National Debtline. I will draft my defence and post it here for advise.

Just another question. When I had requested for the CCA they did provide me with a copy. Now SB being absolute defence, would you suggest scrutinizing the enforceablility of the CCA itself and if not enforceable add this as well along with SB to the defence?

fill as 12 above

you don't mix anything with SB

get that link sorted

Name of the Claimant ? Howard Cohen Solicitors

Date of issue – – 08/02/17.

I have already acknowledged the claim with intention to fully defend

What is the claim for –

1.This claim is for the sum of £6250 in respect of monies owning under an Agreement with the account number XXX pursuant to The Consumer Credit Act 1974 (CCA).

The debt was legally assigned by Nationwide to the Claimant and notice has been served.

2.The Defendant failed to make contractual payments under the terms of the Agreement.

A default notice has been served upon the Defendant pursuant to s.87(1) CCA.

3.The Claimant claims,

1. The sum of £6250

2. Interest pursuant to s69 of the County Court Act 1984 at a rate of 8.00 percent from XXX to the date hereof of XXX days is the sum of £2700

3. Future interest and costs

Amount claimed: 6250+2700+court fees/legal costs= £9450

What is the value of the claim? £9450

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Credit card

When did you enter into the original agreement before or after 2007? Before

Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. It is the debt purchaser.

Were you aware the account had been assigned – did you receive a Notice of Assignment? Probably I did get a letter of assignment but can't remember exactly.

Did you receive a Default Notice from the original creditor? Probably I did get a Default Notice but can't remember exactly.

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No

Why did you cease payments? I was made redundant at the time and without a job was facing financial hardship

What was the date of your last payment? Circa June 2009

Was there a dispute with the original creditor that remains unresolved? No

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan? No

What you need to do now.

Answer the questions above. As above in red

If you have not already done so – send a CCA Requesticon to the claimant for a copy of your agreement

(except for Overdraft/ Mobile/Telephone accounts) I had done so previously and have a been provided with a scanned copy

Send a CPR31.14 request to the solicitor named on the claim form for copies of documents mentioned/implied within the claim form. There are two different versions - one for Loans/Credit cards the other for Current accounts. I shall sent the CPR31.14 request relation to Credit cards. I understand I should not wait for the claimant to respond to my request before filing my defence with 28 days?

Please let me know if you require any other information

no need to hide names [other than pers info]

who was the original creditor please

It was Nationwide Bank

so the crux is this supposed statement of payment in 2014?

Yes it is.

and that was the £1 for your CCA request that you made at the time?

Yes it for CCA.

well IMHO id be filing the SB defence then.

await and see what andyorch and others think.

dx

Thanks DX. I await advise from Andy and other members of the forum.