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Yog sothoth

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About Yog sothoth

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  1. Bankrupty would be bad, yes. We'd lose our home. They have already tried to claim in Court and we reached agreeement via a Tomlin Order, which is a legally binding court order, an alternative to a CCJ (it doesn't count against you in credit terms), before it got to judgement.
  2. I have spent a bit of time combing and collating documents and the last time there was any formal acknowledgement of the debt was over 8 years ago. So I am intending to send this... You have contacted me regarding the account with the above reference number, which you claim is owed by me. I do not admit or acknowledge liability for this debt. I would further point out that under the Limitation Act 1980 Section 5 “an action founded on a simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.” No payments with regard to this alleged debt have been made within the past six years, nor have I acknowledged any liability for said debt within that period. Unless you can provide evidence of payment or written acknowledgment of the alleged debt from me within the relevant period then, under Section 5 of the Limitation Act, I suggest that you are no longer able to take any court action against me to recover the alleged amount claimed. The OFT Debt Collection Guidance states further that “continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred" could amount to harassment contrary to the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR) I await your written confirmation that this matter is now closed and that no further contact will be made concerning the above account after that last letter. I look forward to your reply. Yours faithfully
  3. And up it pops again! Last letter shut them up but now, they have written telling me that my monthly payments are due for a "formal review". As nothing's changed since the Tomlin Order, I don't want to change anything, but I guess they don't like the idea that it's going to take 25 years to pay it off. How should I respond?
  4. Just thought I would add that I sent the following to Lowell... You have contacted me regarding the account with the above reference number, which you claim is owed by me. I do not admit or acknowledge liability for this debt. I would further point out that under the Limitation Act 1980 Section 5 “an action founded on a simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.” I would also point out that the Office of Fair Trading (OFT) say in their Debt Collection Guidance on Statute Barred Debt that “it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period”. As you state in your letter of xxxxx that "there is no contract between Lowell Portfolio and [myself]. The agreement that effectively makes me liable for the debt is between [myself] and capital One", and I have not heard from Capital One within the aforementioned period, I believe the OFT statement to be pertinent in this case. No payments with regard to this alleged debt have been made within the past six years, nor have I acknowledged any liability for said debt within that period. Unless you can provide evidence of payment or written contact from me in the relevant period then, under Section 5 of the Limitation Act, I suggest that you are no longer able to take any court action against me to recover the alleged amount claimed. The OFT Debt Collection Guidance states further that “continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred" could amount to harassment contrary to the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR) I await your written confirmation that this matter is now closed and that no further contact will be made concerning the above account after that last letter. I look forward to your reply. Yours faithfully
  5. Strange, when I try to access the library to get a template, I get a message saying I don't have permission to access the page.
  6. So I can send them a letter pointing out that it is statute barred? Is there a template for that, because I wouldn't be sure how to word it?
  7. OK, so in other words, despite their pursuing me and my s78ing them and sending them 'bemused letters', it could be Statute barred? I think I've previously misunderstood it then. I thought because there had been correspondence, that kept it 'alive' from their side of things.
  8. When you say 'acknowledge' do you mean admitting 'yes I owe the money', or just referring to the debt generally, because I haven't admitted the debt for many years, although I have sent letters to these and other DCAs, saying things like 'this debt is in dispute with the original creditor', and I have also sent CCA request. So there has been correspondence about the debt, even if I haven't explicitly admitted owing the money. Does that count as 'acknowledging' the debt? I haven't paid anything since about 2006, and nothing to this DCA. PS. I also must apologise as I hadn't checked this thread so never saw Dougal's question about the charge. I have 2 charges against our property, which we are hoping to get removed if we can get the creditors to accept a Full and Final Settlement. I have posted a thread about that on the forum but nobody seems to be answering. One is with Link, the other LloydsTSB.
  9. Bugger. Just when you think they've gone away. Got a letter re. this debt to say Equidebt are in administration and Cabot have taken over having bought the debt. Given that the account is still in dispute with Mint, who couldn't provide copy of a signed CA (just an application form), should I do anything with these?
  10. UPDATE: Lowell have now replied, having put Scotcall back in their box. This is six months after I sent the above letter. They have basically said the account is on hold until I explain to them what the nature of the dispute with the original creditor is. What to do now? As I have referred in letters to the account being in dispute with the OC, does that count as acknowledging the debt? I could do with knowing what "acknowledgement" means.
  11. Well the firm I approached are used by National Accident Helpline (it says on their site), What they actually said was the claim would be funded from the proceeds, up to a maximum of 25%, which potentially gives a mighty wide range when I think about it. 25% of £500 is one thing, but if it was £20k would they still take 25%?
  12. Hi folks. I really do need to make a start with these companies, so any help would be very gratefully received. Should I approach each creditor one at a time, and if so, what should I offer them? Obviously I want the ones with a charge on the house and a CCJ sorting first, as they are preventing us ever remortgaging. So please help!
  13. I had a serious accident last week when a car pulled out of a side road in front of my bike, resulting in multiple injuries to me. The Police are still dealing with it but I have approached a solicitor, on the recommendation of a friend, with a view to a compensation claim. They have agreed to take the case on a no win no fee basis, with their fee capped at a maximum of 25% of the compensation award. I have no prior experience of this whatsoever, so I have no idea whether this is a normal deal or not. Is it likely they will just take 25% of whatever is settled? Would a better deal be available or should I just go with this one? These are things I need to decide so any help gratefully received. Yours painfully Yog
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