That is only if there is NO further acknowledgement of the alleged debt by the Debtor.

(...Assuming a properly prescribed Default Notice was actually served on the Debtor of course. )

 

e.g....Any payment credited to the account re-starts the 6yr SoL period in which the alleged debt can be legally recoverable through the courts.

So does that explain why when you send in pound for the CCA they credit it to your account?

Well that is a complete waste of time and money if they cant enforce it!!? Let's hope they weigh it up and take the sensible route.

I wish you well.

JQ

Thank you! I will let you know what happens. I am not trying to avoid this debt, but let's face it if there was a clause in there, that said if I didn't pay they would take my grandmother, they would do it, so it seems only fair that the contract terms (or lack of them) work for both parties.

I believe that the court should strike out anything that is knowingly issued in someone's absence!

 

However, although it was twenty years ago, I was pursued to Spain, where I lived and worked, by Barclays for an overdraft of approx £300! They employed Dun & Bradstreet I think, and they obtained info from my work permit etc and came looking for me! For £300!! I can't remember what the outcome was but I bet the charges amounted to a whole lot more!

 

I hope for your sake they do not do the same!

 

Good luck.

 

JQ

They don't have to try and trace me, I have told them where I am but I am not in the EU or a country with a reciprocal agreement, so I can't see what jurisidiction they will have to enforce the debt even if they are successful in obtaining a UK CCJ.

Well are they going to throw good money after bad to chase you across the world for something you may not have? DCA's and creditors like the easy life and unless you own property and the debt is considerable it's just not worth enforcing.

It is around GBP3000 but I do not think they have an enforceable agreement.

I have a similar problem to deal with for a friend who no longer lives here. Is it possible to prevent judgment being entered by responding to the claimants before it reaches court or during the summons process by informing all the parties that the person is no longer here and therefore it would not be fair to enter judgment when they cannot defend themselves? This would save the cost implication of applying for the judgment to be set aside and prevent ruining someone's credit file! I have been informed that if the other party are aware that the person is out of the country and has not received the paperwork, and judgment is entered, then they themselves should apply for the judgment to be set aside under Civil Rules (13.5 I think) and request directions of the court. Not that the Judge listened when I quoted this recently in Court for my friend, she charged my friend the costs in her absence for me trying to have it set aside on her behalf. Both the Court and the claimant had been notified of her absence. In fact the claimant knew in advance of filing the Court papers and probably did it on purpose knowing they would secure the judgment!

 

I believe prevention better than cure?

 

Am I in the minority?

 

JQ

I have responded to them saying that if they issue on the previous UK address, they do so in the knowledge that it is not my current address and that anything served there will not reach me. They may go ahead and do it anyway, but they can't plead ignorance. My CCA request is over 6 months old and has been ignored and I know from looking at copies of others of around that date that it should not be enforceable anyway, so perhaps they are all mouth and trousers.

To update this thread, it turns out that the agreement is none enforceable and even CapQuest have confirmed that in writing. therefore they cannot legally chase this money, besides which I live abroad and so the County court system does not stretch this far!

 

Hello

I picked up on this post because I am abroad and a solicitor for Egg is threatening court action. Someone on another thread said they could maybe used substituted service. What can they do via county court if I am outside EU? This is also for an Egg Loan and they have never sent me a copy of my agreement

But we are talking about the county court here not the High court. I am not domiciled in the UK or any EU country. What is the likelihood of them going ahead do you think? After they have obtained their CCJ by default, they cannot enforce it surely?

Yes I gave them my non UK address. I wrote to them to say I have not had the CCA from the credit card company nor has anyone told me that it the debt has been passed to them to deal with. The UK address they have is not a property I own or have ever owned.

I was aware of the substituted service issue but I did not think that also applied to an overseas address as I thought they had to serve within the jurisdiction of the court.

So I can defend without attending? Clearly it is not practical for me to attend the hearing or do I need to organise someone to deal with it for me. I thought they could not issue proceedings on non UK residents?

I am convinced they do it on purpose, I have told everyone I am dealing with that I am overseas and given them my address, but they continue to write to my previous UK address. Probably so they can issue county court summons and get judgement by default.

I have received a letter from a solicitor acting for a credit card company I am in dispute with. I sent a CCA request back in March but despite writing to the credit card company saying the account is in dispute I have heard nothing.

Now these solicitors say they will be issuing a county court claim. Can they do that when I am not resident in the UK and am permanently resident overseas (not in EU.) Is it lawful for them to issue on my last known UK address, (een though they know I do not live there) in which case they will probably get judgement by default without me knowing about it.

Any info much appreciated. Thanks

Just a very quick question, can credit card companies pass on the debt to a debt collector, BEFORE tjey have issued a default notice or can they pass it on when they feel like it?

Just another thanks to TD for the report. All very interesting...

And I still love Darset's reply when they said they were a telephone bank "that's a shame as I am a letter writing person."

I did say to the person from MBNA I could understand why she was in a bad mood having such a cr%p job but they went all defensive and said MBNA don't owe you money, we don't have to do anything. WHATEVER

They can't read letters, they are a telephone bank, remember! When I said they were able to SEND letters I was told they are all computer generated. They then went into their highly technical and articulate "You've spent the money, you need to pay it back" argument. YAWN

Have you not removed your phone numbers from mbna online banking? (If you have it of course )

I removed all my contact numbers and replaced them with a few made up ones now i get no more calls 8)

I removed my phone numbers but still they call. Even though they wrote and said they didn't have my phone number after phoning me about 10 times. I got the usual thing yesterday about them being a "telephone bank" and it was not their fault if I had not realised that when I took the account out.

What annoys me about MBNA, is they take 6 months to reply to an SAR, send a copy of my agreement which isn't actually a copy of my agreement and ignore my letters. They have rung me up at 5am and 6am and tonight again while I was having my dinner and then tell me I am being awkward because I don't want to speak to them and want everything put in writing.

Just wanted to vent.....

I did eventually get my SAR from MBNA although it was mostly impossible to decipher. I sent in a letter with some queries and they have not responded.

I probably should have restrained myself but I was just feeling frustrated having sent numerous well thought out and reasoned letters only to get a garbage-a gram in return. I just got a DN too and in common with a couple of other companies, having corresponded with me at my new address the DN was sent to my old one.

This has been discussed at some legth before.

 

I tend to believe that in order to go after a creditor for charges, then one would have to acknowledge the debt, as you cannot have the charges repaid if you do not owe the debt in the first place.

 

Therefore any such claim would potentially not only reset the stat barred clock, but would also open the door to further enforcement as the courts will have already accepted your liability of the debt

But what happens if you commence a claim for charges and in the course of this you do an SAR which produces a CCA which you then realise is not enforceable, so you then dispute the account.

It would certainly fail the CCA legibility requirement ...... but then this document was part of a SAR, which as far as I can see, has no legibility requirement.

Doesn't it mention an "intelligible format" for SAR. So if you can't read it...

Had a few more calls from these jokers, I still have no idea who has instructed them, they say they have written to me but I have received nothing. They gave me an address they had sent a letter to before ascertaining who they were speaking to. I don't think professional or intelligent are words in their repertoire.

Thanks for that

There was another posted about 6 months later that may have had a slightly different wording....?

I wrote them a letter headed

You Need To Reply To My Correspondence!

Bold letters, capitals and exclamation marks seem to have some kind of special magic powers so I thought I would give it a go.

I remember seeing a letter posted on here from the OFT regards true copies and after much searching I cannot relocate it. Can anyone point me in the right direction. Thank you