Marc Gander - The Consumer Survival Handbook


A 220 page introduction to all things consumer related by our own BankFodder.

Includes energy companies, mobile phone providers, retailers, banks, insurance companies,debt collection agencies, reclaim companies, secondhand car sellers, cowboy garages, cowboy builders and all the rest who put their own profits before you.

£6.99



Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)


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Results 21 to 33 of 33
  1. #21

    Default Re: Lantern writing to me for debt not on credit file

    What is significant about the date xxxx/2013, was that the date which a payment was due to the Wageday Advance account and you did not pay it?


  2. #22

    Default Re: Lantern writing to me for debt not on credit file

    Quote Originally Posted by Will Goodfellow View Post
    What is significant about the date xxxx/2013, was that the date which a payment was due to the Wageday Advance account and you did not pay it?
    Hi. There was an idea that the COA( the date when the SB period began) was from the first missed payment. No one ever said it was the last made payment, how can making a payment be a cause of action?
    See my earlier post

    It is now established as being the date of the section 87 default notice.


  3. #23

    Default Re: Lantern writing to me for debt not on credit file

    but not in every case. .
    when we start losing heeps of claims because this supposed default notice date is the cause of action
    we'll start panicking
    until then it means nothing.

    dx


  4. #24

    Default Re: Lantern writing to me for debt not on credit file

    Its a high court case DX, do you seriously think it wont come up.
    I woul check with a solicitor, someone off the forums would be best.


  5. #25

    Default Re: Lantern writing to me for debt not on credit file

    Quote Originally Posted by Dodgeball View Post
    Hi. There was an idea that the COA( the date when the SB period began) was from the first missed payment. No one ever said it was the last made payment, how can making a payment be a cause of action?
    See my earlier post

    It is now established as being the date of the section 87 default notice.
    That is how I have always understood it. The statute barring period starts from the default date not the last payment unless a payment has been made since the default date.


  6. #26

    Default Re: Lantern writing to me for debt not on credit file

    Well Jan '19 has come and gone. If the DCAicon haven't issued a claimformicon in time for their own stated SB deadline then they have shot themselves in the foot.


  7. #27

    Default Re: Lantern writing to me for debt not on credit file

    Quote Originally Posted by London1971 View Post
    Well Jan '19 has come and gone. If the DCAicon haven't issued a claimformicon in time for their own stated SB deadline then they have shot themselves in the foot.
    Perhaps so.

    It depends if this is the remedy date of the Section 87 notice. If the DN notice has a later remedy date, then the SB period will still be running.

    There is something going on here, this is the third case I have seen like this in as many weeks.
    Under the law as it now stands, a credit or auxiliary company can now delay the sending of a section 87until hell freezes over, without breaking any law or convention .
    Some who issue the default notices at the same time as markers, can and do, issue markers at any time in accordance with the section 87.

    This gives the DCA much more leverage when it comes to enforcement.


  8. #28

    Default Re: Lantern writing to me for debt not on credit file

    Posts moved to your own thread....


  9. #29

    Default Re: Lantern writing to me for debt not on credit file

    Quote Originally Posted by writing2rightoff View Post
    Hi, I have received a lettericon from Lantern to a sb letter I sent them. The letter talks about one debt from Wageday which it says will be statute barredicon in January 2019. The customer reference number on the letter has a balance for multiple debts but only the wageday debt is mentioned in the letter.

    The letter says:
    '
    Dear xxxx

    We write with regard to the above reference account number and recent communication.

    We note that you feel the Wageday Advance account should now be statute barred under the (Limitation Act 1980/Prescription and Limitation Scotland Act 1973/The limitation (Northern Ireland) order 1989). Firstly it is important to explain that an account only becomes statute barred if the last written acknowledgment or payment towards the debt is over a six year period. In this case , the original due date was on xxxx/2013 and will therefor not become statute barred until xx/01/2019.

    If you have an queries or need to talk to us, please get in touch.

    Yours sincerely


    Lantern
    Debt Purchase & Recovery Specialists '


    The debts that the customer reference number refers to have not been on my credit file for several years. Ihave not responded to the letter.

    Will Lantern now put the Wageday account on my credit file and keep it on file for the next six years?

    Can Lantern use their letter as an opportunity to open up other debts which they have not mentioned in the letter but which I know have been included in the total debt of the balance.? ( I think the debts that have not been mentioned are statute barred).


    Thanking you in advance and as always.
    This is very important to the OP.

    If the date mentioned on here is the date on a Default notice, this account will NOT be statute barred. The six year commences on the Default notice date.
    If, as I expect this post is deleted I advise you to ring "CAB or "National Debt line" and ask them, before going any further.

    I have no idea why the team are saying this, perhaps they are confusing me for someone who makes errors on simple matters such as this.


  10. #30

    Default Re: Lantern writing to me for debt not on credit file

    well the op never returned...and..

    if the debt buyer say its sb 'd in jan .its now feb...so by their own placard ..its sb'd now..
    end of the matter..

    dx


  11. #31

    Default Re: Lantern writing to me for debt not on credit file

    When was the case I have quoted DX? This is a Current issue? That is why I posted it, it should not be ignored, just because you do not like to read the new cases or legislation.


    If you think I am wrong, lets hear why. Otherwise advise the member correctly.


    As said before and confirmed this morning by NDL there is a lot of changing of enforcement methods happening because of this. You will see them in the next few months.


    I have no issue with you or anyone else, it is merely information I am passing on, the same is available elsewhere.

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  12. #32

    Default Re: Lantern writing to me for debt not on credit file

    I will explain the whole situation in context the BMW and the current judgement if you wish, but after the debacle last time, I thought the ADNIN would object.

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  13. #33

    Default Re: Lantern writing to me for debt not on credit file


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