Hi all

At the end of April, my last bad debt falls away from my credit rating

However i just got a letter from shoosmiths ( debt already gone from my credit report) saying that

'If we cannot agree during the next 14 days how you will repay the amount outstanding to Arrow Global limited, we will issue Court proceedings against you for the full sun outstanding together with legal costs. We will not contact you again to warn you that the proceedings will be issued.

They have been sending letters in bursts over the years but I've been ignoring them, this one seems like the end of the road.

- out standing sum is just under 10k

- i cant afford to pay or even offer a lump sum at the moment

- it's a loan taken out in 2006 and I remember signing the agreement with HSBC.

- I'm nearly 99.9 per cent sure i have made payments in the last 6 years

-I don't want to ruin my credit rating by another 6 years ccj -

Should i call them? If i ignore this letter how likely are they to issue Court proceedings?

I rather pay them 20 quid a month ( currently not working) then have a ccj

I think that they are extremely likely to issue court proceedings. In fact if you ignore it, they may feel that there will be an easy kill by getting a default judgement.

I think that the best thing you could do now is to respond with a statutory request for a CCA.

Also, do you think that you have had any late payment charges for any PPI related to this loan?

If you have made payments within the last six years then the debt certainly will not have expired by the end of April. There may be a long time to go yet.

We should probably deal with it. If it really is £10,000 and I can't imagine them accepting £20 a month. They may even wish to consolidate their position by obtaining a judgement against you and then agreeing a scheme of instalments afterwards..

Thanks for the prompt reply.

Debt is just under 9800. Loan was originally for 25k i think.

I don't think HSBC they added any excessive charges as i remember them being pretty understanding.

I don't have any assets and live with my parents. ( Marriage failed as i couldn't buy a house and in laws security etc blah blah)

Sent off for the CCA

Can I request this over the phone. Worried if I post it then they will start court proceedings

hang on please

slow down a bit

can you scan the letter up to PDF please

I bet it DOESNT say WILL anywhere

for god sake no you don't ring them EVER

no DCA or their pet/tame/fake solicitoirs HAVE ANY LEGAL POWERS

they are NOT BAILIFFS and never can be.

all they can do is what you or I could do

if we think we are owed money - that's issue a claimform.

please scan that letter up to PDF

follow the upload

No by post.

Send this letter with the £1 fee required as a cheque or postal order. Get proof of posting from post office.

http://www.consumeractiongroup.co.uk/forum/showthread.php?387435-CCA-Request-Consumer-Credit-Act-1974-**Updated-January-2015**

What type of loan was this ?

Can you phone HSBC to find out last date of payment, as if statute barred, then it would be a massive help. If you don't try to find out, you may never know.

Thanks for the hope.

Have attached their letter less identifying info.

shoosmiths.pdf

ask yourself why would a big multinational sell a debt of this magnitude and not take you to court themselves AND CRUSH YOU.

- I'm nearly 99.9 per cent sure i have made payments in the last 6 years

tell us more why you think the above?

My mum used to make small payments on all my debts as i wasn't living at home but the post was going here. She eventually stopped when she ran out of money. Sad i know (I'm 36 now)

I'm 99.9.per cent sure because defaulted cards used to show payments in 2013 on my credit report before they fell off late last year.

How can i find out if I'm wrong?

doesn't count..

they have to be payments by YOU or authorised by YOU

[written consent]

game over arrows

worthy of a read.

http://www.consumeractiongroup.co.uk/forum/showthread.php?472375-Cabot-Reston-Claimform-old-Lloyds-credit-card-debt

How can I prove I didn't make them though. The debt people didn't talk to her.

I wish it was game over tho.

not for you to prove

if they are stupid enough to issue a claimform

you'd be filing the SB defence [ no payment made by you in over 6yrs]

its then for THEM to prove these payments were made

or authorised in writing by YOU.

they weren't you never wrote or signed a letter to HSBC stating the fact

hence that other thread GO READ IT

So to spell it out, your saying

wait for them to file a claim for a CCJ, contest it on the basis they have no WRITTEN proof that the payments were made by me.

As far as i can see, none of the debt agencies ask for written confirmation so this rule could apply to anyone?

I'm assuming its a high risk approach apart from giving them a call, telling them my situation and setting up a monthly contribution?

i really dont want to do this with a CCJ hanging over me- another 6 years!

Nope

Go read that thread..

If if if they issue a claim

You would defend it by filing the SB defence

They'll never win as there is no signed authority by you allowing those payments

That's a very low risk to you

Please don't be stupid and ring nor pay them