Jump to content

Showing results for tags 'statue barred'.

  • Search By Tags

    Type tags separated by commas.
  • Search By Author

Content Type


Forums

  • The Consumer Forums: The Mall
    • Welcome to the Consumer Forums
    • FAQs
    • Forum Rules - Please read before posting
    • Consumer Forums website - Post Your Questions & Suggestions about this site
    • Helpful Organisations
    • The Bear Garden – for off-topic chat
  • CAG Community centre
    • CAG Community Centre Subforums:-
  • Consumer TV/Radio Listings
    • Consumer TV and Radio Listings
  • CAG Library - Please register
    • CAG library Subforums
  • Banks, Loans & Credit
    • Bank and Finance Subforums:
    • Other Institutions
  • Retail and Non-retail Goods and Services
    • Non-Retail subforums
    • Retail Subforums
  • Work, Social and Community
    • Work, Social and Community Subforums:
  • Debt problems - including homes/ mortgages, PayDay Loans
    • Debt subforums:
    • PayDay loan and other Short Term Loans subforum:
  • Motoring
    • Motoring subforums
  • Legal Forums
    • Legal Issues subforums

Categories

  • News from the National Consumer Service
  • News from the Web

Blogs

  • A Say in the Life of .....
  • Debt Diaries

Find results in...

Find results that contain...


Date Created

  • Start

    End


Last Updated

  • Start

    End


Filter by number of...

Joined

  • Start

    End


Group


Location

Found 12 results

  1. Hi guys, had a read of the forums and my problem looks similar to some others, but want to be sure, so if you could help me out and put my mind at rest that would be great. Here is my situation: Graduated Uni in 2004 with around 14k GBP of student loan debt (all other debt like CC and overdraft was paid off) Moved to NZ that year, without earning enough in the UK to hit the repayment threshold. At the time, I sent the letter to them advising I was going overseas for more than three months and they should use my parents house in the UK for correspondence. As it happens, I ended up staying in NZ and settled down (great country) Since I sent that letter in 2004, I have had nothing from the SLC to my parents house. not a single letter, so I have made no attempt to contact them or do anything more as it just didn't seem that important if they weren't actively chasing me. Now, out of the blue, a letter arrives to my parents house saying I need to fill out an overseas assessment form within the next two months or start incurring monthly default charges of 250 quid (per month!). I do intend to pay it off, but right now can't afford the amounts I know they will assess on my income if i fill out the form and send it back as we have just had a baby and my wife isn't working, and won't for at least 1 year, plus my mortgage is astronomical right now So I have a few questions: 1) my loan is 'new style' from 2000-2004, but since they haven't contacted me in over ten years and I have made no payments ever is the debt not considered to be statute barred? 2) If it isn't statute barred, and I remain in NZ permanently, is there any practical way they can pursue the debt or effect my NZ credit record? 3) Is there any way I can defer payments for a couple of years, even though my gross income is well above the threshold required 4) are the default charges they intend to levy of 250 quid per month actually legal? they seem absolutely massive (circa 20% of the actual debt amount per year) (ETA: I think I misread this charge as a penalty charge, when actually it is just their guess as to what you should pay, so it will come off the loan if I pay it rather than being tacked on. still very high though) 5) If i don't pay but come back to the UK for a holiday, is there anything they can do like have me arrested at the airport? 5) If I move back to the UK (no plans, but could happen) will I suddenly owe the entire amount? and will it harm my Uk credit record?
  2. I am normally quite clued up on this but need advice or a letter head. In a nutshell, small debt £375 off my credit file, noticed when RN did a credit check on me. The default date on the credit report was 15.10.07. So it dropped off on 15.10.13. I got a letter earlier this year 1.2.14 saying I owed this money annd to pay, usual rubbish, checked experian it was off my credit file etc. I wrote them a letter explaining SB limitations act, 6 years etc all the usual, stop contacting me or you will be liable for my £25 admin fee. Received a letter today, really funny really, They are claiming the last payment was 7/5/09 (lies) They then said they enclose a statement to "proove this" They then attached a statement of me using the card 9/2/07. That was the last transaction, payment or using it...No payment on 7/5/9 at all. They also and I quote "last payment made to the original lender on 24 March 2005 and another statement to show you last used the card during January 2007" Ok, so if my last payment was REALLY 24/5/05 , do you really think the credit card company would let me use it nearly THREE years without payment.?? Basically imnot happy on three points A) it is 100% SB, luckily I kept a print off of the credit report from 2013 showing the original default date of 15.10.07 B) The sheer lie of saying I made a payment in 2009, then saying they have attached proof and attached no proof whatsoever, all they did was attach an old statement from 2005 and 2007 C) Also the fact saying i last paid to the "original" lender in 2005 but carried on using the card till january 2007 haha as if... Arent they breaking the law by lying, lying and well lying again, am I in my rights to charge this £25 adminfee. This card was used by my ex partner and apparantly as she did it all on line she didnt need to know my PIN. Dirty little rat used in the night when I was asleep. I have no other debt, my credit score is good (968) Please can someone advise me of my next step?? Thank you
  3. Hi All, I took out a new style student loan (in '99/2000), which I was paying (slowly) through PAYE, before I moved to New Zealand around 6 and a bit years ago. I have, since making this move, received no further contact on this - despite having a forwarding address at a previous UK address. I have, however, just received a Final Notification letter to my current address in New Zealand from SLC informing me they plan to pass my debt to a debt collector unless I pay 1300 pounds of arrears in the next 21 days. As stated this is my first contact from them. I therefore be really grateful for advice on the following: 1) Could this debt by Statute Barred (have read in some places these new style loans were 12yrs rather than standard 6 yrs)? 2) how actively can they pursue me in NZ? I have no plans to return to the Uk and no UK assets. I am not altogether unwilling to start payments for my loan, but certainly wouldn’t be able to afford the repayment rates as represented on the SLC site for overseas payment and think the arrears seem somewhat unfair. If I know my position I'll be able to decide how to proceed. If I can get this Statue Barred, as I am in NZ I'd think they would struggle to take payment from PAYE so I could presumably determine my own repayment rate on this with no comeback. If they are unable to successfully/actively pursue me in NZ it will affect my bargaining power should I decide to attempt to agree a payment schedule with SLC. As yet, I haven’t responded to this and have made no contact (or payment) for over 6 yrs. Any advice much appreciated! Thanks.
  4. Hi, I have read here that any acknowledgement of debt after the date of a default would reset the 6yr limit for statue barring. However, I wrote a letter in 2009 complaining that there was no alleged debt from 2007 and demanded that RBS remove the default from my credit reference file. RBS refused and I complained to the FOS, but was unable to provide sufficient evidence so the FOS didn't uphold my claim. Its now 6yrs since the original default, and Experian have expired it from my file. In 2009 I also wrote to Arrow Global asking them to stop harrassing me for the alleged debt with I told them I didn't owe. Arrow has now written to me again, and I would like to know: If it was clear in all my communications throughout 2009 that I refuted the alleged debt, is the matter now statue barred? or do I have to wait until 2015 because I wrote to them? TIA
  5. I had a credit card with I think Citibank, which I defaulted on due to not having a job. This debt has been 'sold' to Cabot and this is on my credit file as an open account, and they are reporting each month as default. First question, the debt default date was 07/06/2008, so I am presuming that this will drop off my credit file in July this year 2014? As this will be 6 years from default and I have had no correspondence with Cabot about the debt or even acknowledged it. Next question, this debt has been passed on to Mackenzie Hall to chase and I go through phases where they call both my home phone and mobile. Again I don't answer the calls, and have even blocked the numbers but they are using a variety of numbers to call and text me. When the debt disappears from my credit file, does this then means it's statue barred? If so are there letters/ advice someone can point me to about how to follow this up and get rid of it. This is the last of my debts, that are showing on my credit file so I just want to be rid of it. Thanks for the help in advance.
  6. I had a old SLC , pre 1998. I deffered from 98 till 2001. I then forgot to defer from that point. In July 2009 a default was registered by Link financial for non payment. This has not impacted on my ability to gain credit as it was somehow "hidden" on the file under a old address. Equifax has now placed the account onto my new address and impacted on my file. If am honest I am sure there was a default already served in the 90s No DCA has contacted me for any debt 1. If a debt is Statute barred , can a default be issued 2. Can a debt that is SB be still be reported on at a CRA 3. Can the default be removed? I have spoken to National debtline and they say just leave it for 3 years and it will drop off. I have spoken to the ICO and they dont have any clear guidence on the matter. I notice that link seem to very very aggressive in their collection methods, I have followed a few threads , but havent seen any happy endings?
  7. Hi, A letter landed on my doormat this morning and its got me worried...PLEASE HELP IF YOU CAN?!? its from a company called Bristow & Sutor who i have never heard of before this letter, claiming that their 'client' Cheshire East BC are going to take me to court to reclaim £569.60 overpayment of HB from 10.04.06-14.05.06. they claim that "despite their previous requests the sum remains unpaid and if i dont pay the full amount within 7 days theyre taking me to court"... The other thing is, i have never heard of this company let alone dealt with them or had any previous correspondence from them, and since the date of this 'overpayment' i have actually claimed again for HB and CTB through the same LA without them taking any money off me for repayment of the supposed overpayment...?! is this statute barred?? i remember the phone call back on 06 when i received my last benefit cheque - i called them to say that i had told them i would be starting full time work and should i rip this cheque up - the woman replied with "no this is your last paymentup to the date you start full time employment" i even said to her if i cash this youre not going to come chasing me for it as an overpayment and she repeated that it was my last payment up to the date i start ft work... nothing for years, then this drops on my mat this morning... pleeeeease help if you can!!!!!
  8. I got a random call today (AT WORK) from a company called CCS apparently i have spoken to them before he suggested (i dont think so) also he claimed i was expecting a call (again lies) he went on to tell me the calls were recorded and to say their company had been passed on the debt by Activ Kapita about a debt from Barclaycard (joys of my ex boyfriend screwing my credit over with this card) i said to him it was 2001 and he said yes but you defaulted in 2004!!! funny that seen as its 2012 now... i reminded him that if i defaulted in 2004 then doesnt that make it Statue Barred (he said yes but you defaulted in 2004) then i repeated that it was more then 6 years ago and is statue barred and he put the phone down on me!!! in regards to this debt i haven't paid anything to them since 2004 maybe 2003 and i haven't spoken to the company or barclaycard since then. what do i do now??? please help
  9. Hi all Have received a county court claim form in the post for a debt (Littlewoods cataloge) which im 100% sure is over 6 years old. I have checked through my bank statements and the last time i made a payment or acknowledged the account was the 1st april 2005. However the lovely people at wescott are claiming on the form 24/10/2006? The claim form is dated the 5th Aug and i received it on the 10th Aug. I haven't replied to the court yet or got in contact with wescott im not too sure what my first steps are and any help would be VERY much appreciated.
  10. Hi Just had very interesting letter arrive to me this morning. My Property Agent sent me it as it was sent to her from a Tenant at old address. The letter states Bailiff Removal in huge bold font with heading references underneath County Court Judgement and there reference number. Basically if I dont pay amount due then within 7 days bailiffs will seize goods from property. I rang them to find out what the hell it was, first searched for company and lets just say was immediately dubious when I foundthere website, or crappy one page web site with no info present at all. Searched net and cant find anything legal about them anywhere. Only registered entry in companies house. No registration with any other regsitered body Consumer Credit Act or even Data Protection The lady I spoke to you informed me it was regarding a financially arrangement I had with NAAFI back in 1999 (Whilst serving in Army) Medical discharged Army in 2000. Payments were made from wages back then I believe, cant remember to be honest. Basically she triedto explain who they were and why that letter was sent. Informed me CCJ had been applied late 2001 and they had purchased the debt and now demanding payment. I told her didnt know what she was talking about. Thing is I left army and lived at my property for over 6 years after discharging, moved recently since. I have credit reports dated back to 2005 till now and even present form address where I from 2000. None of these reports have nay signs of any CCJ on them. My assumption was CCJ applied to my address at time which was barracks on camp!! Also as cant find entry for them in Data Protection Register was rights do I have. They havent got a CCA licence which I can locate which I what I have been led to believe they need to register even if DCA and not actually lending money. Is this enforceable, can I fight this. I have googled and found cant statute barred if CCJ present. Lady told me she didnt have any details of the CCJ just the date. She didnt have any paperwork out she could send me. Gave my reference numbers and original finance details of company which I told her I would check out as just know what she was talking about. Read on here that you should play dumb and not acknowlege anything which I did Anyone got any info they can give me and guidance as to what steps can be taken Thanks skf58B5.pdf
  11. In the mid 90's I was involved in a business partnership and took out a secured loan (secured on my property), with Barclays Bank. The house was jointly owned by myself and wife. She also signed the document relating to the charge on the property. We did not actually live in the property and still don't. In 2001 my wife died and the mortgage was paid off by the insurance element of the endowment. However the land registry obviously wouldn't release the deeds because of the charge. It is 13 years since I have had any contact with Barclays, and I had hoped that the 12 year statute barred rule would kick in. Having read the relevant part of the Limitations Act, I refer to the following; (2) No foreclosure action in respect of mortgaged personal property shall be brought after the expiration of twelve years from the date on which the right to foreclose accrued. But if the mortgagee was in possession of the mortgaged property after that date, the right to foreclose on the property which was in his possession shall not be treated as having accrued for the purposes of this subsection until the date on which his possession discontinued. (3) The right to receive any principal sum of money secured by a mortgage or other charge and the right to foreclose on the property subject to the mortgage or charge shall not be treated as accruing so long as that property comprises any future interest or any life insurance policy which has not matured or been determined. I take that to mean, so long as I have an interest in the property, the debt never becomes statute barred. Can anyone confirm that my interpretation of that is correct?
  12. hey guys , what it is i have few debts which has 2-3 years left till statue barred as they become 5 years without payment (i live in scotland). is worth me paying them small payment every month or just ignore the threats of the debtcollector's and so called solicitor's letters .they are all under £700 being most only between £200-£500 as i cant pay them in full and trying to support myself partner and 2 dogs on £1200 wage every (security job doing abt 60 hours a week) but it seem few i havent heard from a while is now demanding plus adding interest ? especially capquest who bought my barclaycard student visa from 2005 but defaulted in october 2008 abt £520 they are threathing me with court for ccj as they said they did a credit check found out i havent got any ccj yet trying to get me to pay up.i heard somewhere they might not be able to enforce the agreement due to it was signed in 2005 if they have it ? but something todo with an 2007 act etc on credit card agreement any enlighting would help cheers
×
×
  • Create New...