It's statue barred then

Ok thanks.

I just keep reading things about overdrafts being more complicated when it comes to being statute barred.

So as previous, wait and see if they send a pap?

Thanks.

An that will add another month on too

Payments not made by you don't count

Looking good now

Hi all,

Well the other day I received a PAP letter for this overdraft account.

Do I just download the one from CAG, fill it in the same as the PAP guide advises or is there anything I need to add or miss out with it being for an overdraft?

Many thanks.

there an OD guide there too

just state the debt is statute barred

I’m struggling to find the guide for an overdraft PAP letter... only guide I come across is this one..

“for debt covered by the consumer crediticon act:

send a CCA Requesticon along with the completed form:

NOTE ONLY USE THE ATTACHED FORM below

DO NOT USE THE FORM SUPPLIED BY THE DCAicon IN THEIR PAP LETTER!!

box D tick

I dispute this debt because..the debt purchaser has yet to provide any or all of the required documentation.

box I tick

I have requested by way of a CCA Requesticon the signed agreement from the debt purchaser

I also require you to supply the following..

a copy of the Default Notice

A copy of the Notice of Assignment

A complete set of statements detailing exactly how the debt has accrued detailing:

I. All Transactions.

II. any additional charges, be them by the original creditor or you xxxx the debt purchaser or any predecessor DCA.

III. details of all contractual interest added by whom and on what date.

IV. List of ALL Payments made toward the Agreement

no need to do the financial statement etc anything else or send anything else bar the above

do NOT give them your phone nor email

PRINT your name

never sign the form

staple the £1CCA PO to the CCA request and send it to the debt purchaser

return the completed PAP form below to the solicitors that sent it to you

attain free proof of posting for BOTH at any PO counter

1st class mail will do. recorded is a waste of money”

...

Should I just tick box D and state it’s stature barred and that’s all?

No CCA request etc?

Thanks.

yes

CCA requests are not applicable to current account o/d facilities.

Ok thanks will get that done.

And I just leave box I unticked as don’t need any documents from them with knowing it’s statute barred?

Don’t want to get anything wrong so just double checking.

Thanks again.

you can always request those IF IF IF they are stupid enough to issue a court claim

Received a reply to the PAP today claiming it’s not statute barred as a payment was made in June 2014, yes that’s right by a 3rd party in error and was returned to them about 3 months later... nothing to do with me.

They point out it was defaulted end of August 2012.

The 23rd April 2012 was the last time I actually used this account to make a payment myself.

....

How do I proceed?

Do I write to them and point out when I actually last used the account and a 3rd party making a payment doesn’t class as me acknowledging the debt?

Or just sit and see what they do next?

Ignore

Until/unless they issue a claimform

Hi again,

Today received a further letter claiming they haven’t heard from me and giving me 14days before they issue court proceedings.

Is it not worth a last attempt at avoiding court and send them a letter saying again its statute barred and they are fully aware payments not made by me don’t count?

Or is the best plan as previous post and continue to wait until I receive court papers?

Thanks again.

No read it properly

Bet it doesnt say will anything?

Well it says 14 days notice of their intention to instruct their solicitors to issue court proceedings.

Just checking the best way forward.

Thanks.

Or is that the magic word... intention?

So not will..

I intend to instruct my dog to sit

If it does is a totally diff matter

Read the properly and CAREFULLY

Ok.

I’m guessing they will go for it with this being a response to the pre action protocol I returned.

Will wait and see what comes next...