maggie60
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When does the Statute Barred clock start ticking?
maggie60 replied to maggie60's topic in Debt Collection Agencies
It was from the DCA not their solicitors. -
When does the Statute Barred clock start ticking?
maggie60 replied to maggie60's topic in Debt Collection Agencies
yes, they say they will proceed with legal action if they do not hear from me within 14 days. -
When does the Statute Barred clock start ticking?
maggie60 replied to maggie60's topic in Debt Collection Agencies
they arent bothering you so dont poke them with a stick. Good advice. We have learned to keep are heads down and not answer the phone if their numbers appear and so far 7 debts totalling over 55k have disappeared from our credit files and chasing letters. -
When does the Statute Barred clock start ticking?
maggie60 replied to maggie60's topic in Debt Collection Agencies
So we know when any court action cannot be taken out successfully. All the debts have been sold on to DCAs. -
When does the Statute Barred clock start ticking?
maggie60 replied to maggie60's topic in Debt Collection Agencies
What is normally the shortest period between filing a defence and a hearing, based on the assumption of it having to be transferred to a local court? We have around 6 debts between us that will be stat barred between May and October with only the August one threatening action. -
When does the Statute Barred clock start ticking?
maggie60 replied to maggie60's topic in Debt Collection Agencies
understood, like many other DCAs -
When does the Statute Barred clock start ticking?
maggie60 replied to maggie60's topic in Debt Collection Agencies
OK DX, I will hold tight until we get something. Reply to solicitor's letters, if we get any? -
When does the Statute Barred clock start ticking?
maggie60 replied to maggie60's topic in Debt Collection Agencies
If I send the CCA Request can they take out a summons in the meantime? DX, as you suggest I would leave it, but for the fact that they DID issue a summon before and may have cross-referenced the name/address and be annoyed at the money they lost on trying to sue my husband after buying his debt. -
Early last year my husband received a county court summons for £11,500 for a credit card debt sold on to a DCA. He replied and defended the action on the basis of the limited information on the summons and that he was awaiting a reply to the CCA letter sent to them on the day the summons was received. He never received a copy of the CCA, just a letter from them saying the debt was no longer enforceable and they could not proceed any further through the courts, but would he please call them to discuss a repayment plan. They also promised to forward the copy of the CCA. That was over a year ago and we are still haven’t received the CCA, but what he did not advise them was the debt would not really be statute barred until last October , three months after their letter. Move forward to now, and I have received a letter from the same DCA and they are chasing a debt for £8.250 for a card of mine. This will become statute barred in the middle of August when it will be 6 years since the last payment. I received a letter from them dated 6 April but not received until 12 April, saying if I did not contact them within 14 days they would commence legal action. My understanding of statute barred debts is they expire six years after the last payment or admission of the debt and the creditor has until this time to obtain judgement. Is this correct and can the DCA request to the courts an extension this period for the time it takes to transfer to a local court and to a hearing? The default for this will expire soon and I am l keen to keep as clean a record as possible after eight years of financial misery. I appreciate I am morally wrong but this DCA will have purchased the debt for peanuts,
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their "hidden" fees cannot be challenged? I get an annual statement and they are not shown is that acceptable - has nobody ever successfully challenged a sub prime outfit like Blemain? And is the change of name voluntarily or through necessity? We believe the reason Blemain lose so many applications in court (reading through various forums) is because of the blatant lies they tell in court. I was able to email a statement from Blemain received just before he went into the hearing, (not the full one we have requested, but enough to help). The young, inexperienced (very cheap knowing them) clerk representing Blemain, lied saying the last three payments in seven months we made were for £600, £1800 and £120. Mr sara55 was able to show that the £120 was for arrears and a payment for £1,080 to cover 2 monthly payments was received immediately AFTER it. He says this is what made up the judges mind. It was 50/50 prior to them tripping themselves up.
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OK will do, so long as you don't say I have put it in the wrong section. From what I can see from CAG and other websites, they charge interest on the charges, which is fair enough. If my bank made charges and these weren't repaid I would accept that interest was accruable on that. However, if my bank made charges and did not advise me of these and made it virtually impossible to find them (as Blemain or whatever they are calling themselves this week do), I would be a very unhappy bunny.
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OK, just wondered. Once I get the paperwork, I will start a new thread regarding their charges in the appropriate section.
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How much is in the public domain regarding hearings? And if she was what she said how did she know to look out for a man when my non-attendance was last minute?
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Thank you for moving the post, bet it was dx. Hope it help others realise there is light at the end of the tunnel. OH only just mentioned that as he left court yesterday, he was approached by someone (who looked more like a trainee solicitor than an estate agent) and asked "Are you Mr sara55? I am from xyz property services and we buy properties for cash........" His only comfort, whoever she was, was that it was raining very heavily and she was absolutely drenched.
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Yes, despite being really good, he did make it clear we were sitting in the last chance saloon. Mr sara55 did say he could make an immediate payment, but he felt this could be set off against arrears and Blemain would expect another payment on 19 Dec, so he suggested we make the payment on the due date.
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Happy to post the statement when it arrives - somehow I think it may take some chasing. Then let's analyse it and see what is fair and unfair.
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The *sweet little girl representing Blemain/******s (sorry misspelled Wallers natural mistake), said they were putting together a true statement for me showing all the charges they love to hide. We are ready to go for the jugular when we recover from seeing that because we think it will be close to 30k. Justify that, Blemain. * That is not sarcasm, she was nice, reassuring Mr sara55 not to be taken back on how she acted in court. He reassured her that he knew she was only doing her job.
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All went really well so much thanks to Andy and particularly Ellen. I had a really bad night and got maybe 20 minutes sleep, and I had a really bad angina attack. Mr sara55 had to attend on my behalf and the judge was really good cancelling the eviction within 8 minutes. Asked why we were on our third eviction in five months Mr sara55 tells me he explained: 1. One client who we made 6k a year for the last 10 years had passed into administration. 2. One missed payment and Animal Friends, bless them, cancelled our pet insurance and we had to pay £1,500 in vet fees. 3. We had been chased in recent months by a nasty bailiff for council tax arrears of £1,000 and according to Mr sara55 this was the winner. I have never come across Blemain winning a case at court, long may it continue.
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10am
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Hearing is early tomorrow. How should we present the proof of income to the judge? Letter with labelled attachments and hand in to the usher on arrival? Would it be wrong to suggest to the judge that we make the December payment due on 19th December during the hearing or would it be better to make the payment before we leave? This will leave only a little in the bank but it is going to be paid shortly anyway.
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I really can't remember. He has been dealing with them for years. IIRC there was some formality to it.
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Since I have been suffering from chronic angina he tries to take as much pressure off me as possible.
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What really annoyed us off was to refuse our offer and STILL EXPECT US TO PAY 90% OF WHAT WE HAVE IN THE BANK TODAY ANYWAY!! ANd THEIR UTTER SHOCK WHEN WE SAID NO.
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Rather not Andy as I am sure staff at Blemain scan these forums, but thank you. They really know how to demoralise you at Blemain.
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Not really Andy, my husband received a call from Blemain while driving back here which presented a very bleak picture.
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