yep

 

same lot different bloke at the next desk

in a diff coloured skirt

cheers

After nothing since last October, first a letter and now a phone call from Allied International Credit (AIC). They told me the debt had been passed to them from Erudio/Capquest - I've just told them to do one and send any future correspondence in writing. Right course of action?

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Cheers. Struggling for time now, will have to sort it over the weekend.

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This should be fun, not sure how to do it and haven't got a clue where to start.

I've received a letter this morning from CAG headed Letter Before Action. In it, they've enclosed copies relevant to the debt of the letter of engagement and the invoice. They go on to say to ensure I need to show intention to repay the debt within the next 21 days before legal action including a possible CCJ is made against me - they also bring up that this will incur a further claim for interest at ...% and costs. They go on to say it is their intention to go down this round without further notice to myself. What should I do?

Cheers.

Yes if you see anything from Northampton Bulk CC Then get in contact with us ASAP.

More calls from CAG both to me (which I ignored) and now to where I work (they previously didn't have the number).

Can I give them a .. And get them to take the number of their records or are they allowed to do this?

Yes and seen them for much less than that aswell.

 

As advised, ignore them completely, unless they are dumb enough to issue a N1 claim form, if they do, pop back and we will deal with it.

Does this mean they already have or about to go to court?

ok lets get one thing clear here

 

Council parking fines are a CRIMINAL MATTER

civil debt is NOT!

so no bailiffs

despite what you might see/think/read.

 

doesn't matter a monkey's what Claims Advisory Group

say

write

or intimate

 

its your actions that can only reset the SB clock.

 

and you've not paid anything in 6yrs

and you've not written signing a letter stating this is my debt in 6yrs

 

so off and bugger Claims Advisory Group

 

phone conversations don't count

 

pers i'd be ignoring Claims Advisory Group

Again, for clarity. Shall I continue to ignore the phone calls (had 3 so far this week) regarding the debt as it's been longer than 6 years? Or shall I write to them asking them to stop mithering me for a debt that is now statute barred? I don't want to go down the CCJ route either which they'd previously been citing - do you think they'd go down that route for a £125 debt?

I'll leave it be completely then - just want to know the right course of action.

The conversation with them a few weeks back went as far as these student loans are almost 20 years old and under debt guidelines are statute barred so you (Capquest) can whistle chasing the money now.

I hadn't spoken to anyone on here prior to that point, that's why I did to get a better legal understanding.

My CCJ never showed on mine either. The reason I understand is because it is a Government CCJ and apparently these do not show. Someone hopefully will explain better.

 

With me they lost the judgement papers and after loads of letter tennis I invited them to take me to court as I knew the debt was unenforceable.

Cheers, I'll put something in writing in the next few days inviting them down that route if they wish to proceed any further. I don't want to appear as though I'm being rude or taking the p*** in the letter, just do something short, concise and to the point and then that being an end to the matter.

Fathered75 you are getting the best advice available from dx. I would just want to make you aware that the statute barred rule doesn't apply to a ccj. I would just do as dx advises or say in a final letter that you will not be responding in the future and all correspondence from them will be placed in the bin. The only way you are prepared to respond again will be in court. Then invite them to take you to court.

That was the info I needed for clarity. I've had a look on my credit file and the CCJ is 100% not there (11 years ago) but when their rep rang the other week he said the amount of £1,600 relating to that CCJ was still owed to them (passed over from Erudio) despite the CCJ no longer being there. I'd have thought they could be willing to go after the debt through the courts seeing as it was for a substantial amount. I've no problem righting the letter but just concerned that all this will blow up again when I've finally got back on a relatively stable financial footing.

you ignore them and let them willy wave

do not respond.

 

 

then a post 8

then a post 8?

Id say yes at this point, They have had 6 years from payout to recognize their mistake and sadly, they missed their chance.

This in spite of their attempts over the years to chase me for the money?

The reason I ask was the last conversation was with someone from their 'legal' team saying they were going down the court/CCJ route next if I continued to ignore.

I've seen first hand a mate last week have to pay back almost £400 over non-payment of parking fines.

They'd left and left it (about 3/4 years) and the bailiffs were stood in her living room last week ready to walk out with the TV/hi-fi, etc...

I've received a letter from Capquest informing me that they had previously written to me on 25/08 stating that they would be managing the student loan account now as opposed to Erudio Student Loans.

A lot of spiel on them about setting up a payment plan blah, blah, blah of which I have no intention of setting up.

I'm going to reply in writing but just need a bit of guidance legally.

I've checked on my credit file and the CCJ relating to the account is definitely not there and been removed and neither is the initial loan which was defaulted on (both longer than 6 years).

I'd imagine they will write to me again trying to pressure me saying payments need to be made on the initial CCJ (2005) and that the outstanding balance still stands (they said that in the conversation last week).

For clarity, do I just throw up the complete statute barred legal argument as it's not their original loan and they have not been registered as the claimant on the CCJ?

Just got the 'paperwork' sent through from the Claims Advisory Group,

which includes a letter from RBS dated 26th May 2010 and them refunding me my PPI claim within 28 days of the receipt of my acceptance signature.

Even by my calculations, that takes me over the 6 years statute barred threshold

- I'm free to tell the Claims Advisory Group in writing to forget about chasing the £125 wouldn't you agree?

may be beneficial all round as it will tell me exactly when they allegedly started acting on my behalf (confirm if it is 2010 or later), and in doing so will also tell me if this balance of £125 is indeed now Statute Barred.

Just spoke to someone from the Claims Advisory Group and asked for a SAR. He went all arsey on me but I said in order for me to proceed any further it needs to be sent.

Cheers dx, my fault for trying to argue the point. They're ringing back next Wednesday so will ask for anything in the future to be in writing only.

please never ring a fleecing DCA or their co-horts

 

erudio and capquest are the same lot - arrows DCA.

 

the govt sold off old mortgage style SLC loans to them some years previous.

 

I take it your credit file is clean?

and shows all you old addresses?

 

are rodeo or crapest making ref to the debts having a CCJ

and [i hope] you've not told them so?]

 

dx

Capquest rang back this morning making a specific reference to a CCJ issued on one of the Student Loans in 2005.

I explained to them that I'd received no correspondence relating to a CCJ back then.

I then proceeded to explain again that the SLC had not made me aware of any outstanding CCJ relating to the loan when I wrote a Statute Barred letter regarding the 2 loans in 2010.

He made me aware that the CCJ will/may have been removed from my credit file as it was issued 11 years ago but as the CCJ had been issued Capquest could still chase me for the outstanding balance.

I again referred back to the fact that these loans pre-date 1998 and under the Statute Barred Act and the fact that no effort on my part has been made to repay the various collection agencies that have held the debt since, then they couldn't do this.

Any idea where I legally stand?

I haven't get the original paperwork or if I had, I've absolutely no idea where it is now. Claims Advisory Group have definitely not previously taken their cut. In the phone call yesterday, they threatened legal action and obviously CCJs if the matter is taken to court. I don't want to go down that route for the sake of £125 but at the same time some of their threats and tone of voice made me think they can go whistle...

See the rules about the six year limitation period 6yrs

so that would be statute barred as well?

Do I need to get them to produce the original document with their agreement reached with the RBS and their invoice to me (as would be 6 years ago now)?

Litigation Department have just rang me to say they're chasing me for £125 on money they claimed back for me on an RBS loan/credit card I had years ago (which they successfully won).

1. Are they allowed to still chase me for the money (refund was paid in 2010)?

2. Can they take me to court and get a CCJ against me on the strength of the above?

Hope somebody can help, cheers.

Cheers.

No, credit file is pretty poor to be honest pal.

I've moved about a lot but always had all my correspondence relating to loans/credit cards over the years sent to the address where I lived back then (family address) -

it was just easier than updating every couple of years (and I didn't trust the females/places where I was living) to get any correspondence sent to those respective addresses.

Capquest have not made any reference to the CCJs (if there were indeed any),

nor have I mentioned them as I'm not sure they even exist.

Its just the fact that they've sent these letters and been in touch again after my sending of the letters to the SLC back in 2010 with regard to these Student Loans and the Statute Barred Act,

I thought that was the end of it back then.

What I did say on the phone to Capquest is that I'm aware of the Statute Barred Act and that they should stop hassling me for this money.