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  1. Hi all, I am not the first to post on this issue but I wanted to get some advice about the appalling mess that Sallie Mae UK created when it went bust. They were a subsidiary of the American private loan company and they briefly funded postgraduate education in the UK for a year or two. I foolishly borrowed money in 2006-7. They folded and the debt was passed on to various companies: Eagle Consulting, Total Credit Financial Services and most recently, Capquest who I believe are a debt collection company. There has been the odd complicated statement with huge
  2. I posted this on the banana site but haven't had any response so was wondering if you could help. I've just copied and pasted what I put on their site below. I think I may have missed some of your standard questions so will have a look and try and answer anything I've missed below. If any of you could help I could really use it. I've got a bit of a different one here I could do with some help with. I've seen the forum and have a general idea of what I should be doing but could do with some guidance. Details below: Received a claim? Yes Issue Date: 30 Jan 2019
  3. Hi All. I was going to resurrect the old thread just for the latest judgement, this is an appeal which confirms the view that the coa emanates from the default notice date of course. I know this is an old thread, but there has recently been a test case which proves the point that a COA is in fact the date of the 87DN. Therefore it should be considered as such when calculating the COA and the subsequent barr date. It ties up the large thread nicely https://www.bailii.org/ew/cases/EWCA/Civ/2019/12.html Critically, section 87(1) does not provide merely that a
  4. In Aug 2010, The Royal Bank of Scotland terminated my current account and associated borrowing. At the time, I had 2 current accounts and one credit card. The debt on the accounts is £0 and £834 respectively. It was initially chased (although not sure why they were chasing a balance of nil) and I never made any payments, wrote to them, answered their calls etc. Both these accounts show on my Credit File as defaults. However the date doesn't show 2010 as it should but 2013 and 2014 presumably when they last updated them. The credit card balance was £7k+ and was again ch
  5. Hi Newbie here and I am hoping you guys can point me in the right direction. I've been lurking on here for a few days trying to find out various tips and information regarding my problem. I got into trouble after loosing my job in 2009. I had a lot of debt and couldn't make payments anymore. Entered into an iva in late 2010, made about 5 payments and then lost my new job and had to cancel the iva. I just cancelled my direct debit to the iva and never got in contact with them again. They eventually officially cancelled my iva in spring 2013 and started to get letters from various
  6. HI All, I wondered if anyone can help me. I recently received a small claims court summons from BW Legal for a parking charge for £100 dated 07/12/2012. The sum they now claim has risen to £273. I did not know anything about this and have never received a parking ticket or any correspondence whatsoever. In the particulars of the claim, they refer to the PCN dated 07/12/2012 and the issue date of the claim form was 28/12/2018 I obviously thought this was a statute barred debt as 6 years have passed and filed a defence to that effect. I have now received a letter
  7. I had a loan account with Northern Rock which I defaulted on and they subsequently sold it on to Cabot. The account has been staute barred for about 15 years. I recently made a tentative equiry regarding PPI, via a claims company, as I heard that it shouldn't affect the statute barred status. I have been advised that Northern Rock have accepted the claim and a refund of approx £1100 is due and will pay it directly to myself. They also say that they will advise Cabot to update their account details too. To receive the refund I have to sign an acceptance form which says that
  8. Hi To cut long story short, had a debt around £15k with original lender who assigned the debt to a DCA last summer (2016). DCA wrote chasing debt - I replied stating that in my view (formed by reading loads of stuff on internet) debt was unenforceable. DCA said would look into the matter almost a year later, has written saying they would not pursue legal action 'at this time' but would I get in touch to arrange repayment of the debt. I am assuming (ha ha,always tell my kids never to assume anything) this is as close as DCA will come to admitting debt unenforceable
  9. I have/had a disputed figure with Barclaycard, which they either sold or passed to a DCA (different letters state different things). Neither Barclays or the DCA have had the nads to pursue the disputed figure through the courts and as I haven't responded to any of their nice "please contact us, we will do everything to help you" letters, I have under a year to go till the Statute of Limitations (SOL) kicks in. A couple of weeks ago, I received a letter from Barclaycard, apologising for their their being less than fair on me when I was a customer, and awarding me a couple of hundred
  10. Hi , thanks in advance for your help. I have a Capquest debt on behalf of Shop Direct, for 1250 pounds. Default date is August 2013, my last payment listed on my SAR was Feb '13. When does this debt become statute barred?
  11. Today we received a summons from Northampton issued by Lowes over a Credit Card that was taken out from Lloyds Bank in 1999. It was defaulted in 2003 and no payments were made to the card or any other agency that purchased the debt since that date. No admission was ever made to any company either. However since more than six years have passed since the cause of action I am a little lost as to why Lowes have through they can issue proceedings in the matter. I understand now we have to defend this claim (not sure what to write here) and also apply to the court to have this s
  12. Hi, this is my first post on this site and I would like to thank you all for help and guidance I have recieved. This is my history so far;- 9th October sent 2 x DPA letters to Barclays Bank 9th October sent 2 x DPA letters to Barclaycard (only got reply on one) 9th October sent 14 day letter to Barclays requesting £1180 refunded 14th October recieved letter from Barclaycard stating files on microfiche "not readily accessable" Asked for £3 per statement 17th Octboer recieved 2 x lots of statements from Barclays 24th October issued small claim against Barclays (£1180 increased to
  13. Hi there, I have an old student loan from 1996-1999. I informed the SLC/Student Finance that the debt was statues barred three years ago and they left me alone. I started working for the NHS four months ago and today's payslip has a deduction for Student Loan repayment on it. I have never given permission for anyone to do this as I do not acknowledge the debt. Where do I stand? Many thanks, M
  14. My partner received a recent demand for an energy bill we calculated from 2011 from Moriarty [Removed] we sent a statute barred letter by signed for (received 03:09) yesterday we received another letter from them threatening court action, can someone please advise the best course of action to get rid of them Removed ? Thanks
  15. Hi All, I recently used a friends address to get a phone contract. A few days after getting the contract he received a letter for me from Hoist Finance Holdings 1 Limited. The letter was in relation to an old credit card debt. I have not had contact with any party regarding this debt for over 6 years. I have not made a payment of any nature or been in contact with the debtors for that period of time. The debt does not show up on any credit reference agency sites. As far as I'm concerned the debt is statute barred and HFH1L are just trying their luck. Should I write to them with
  16. Hi all. Really appreciate an opinion on next step, if indeed I should even bother. I had a debt with Black Horse which I disputed with them in 2008 approx. I received many letters from various agencies over the next few years, Clarity, DLC, and Lucas, up until 2013. I didn't ring or write to them and certainly never gave them a penny. This became Statute Barred in around 2014. It hasn't been on my Credit Report since about 2014. Out of the blue today I received a letter from Cabot saying they now have my account and list some methods of payment etc'! Love to hear
  17. I have today received a CCJ claim from the Northampton County Court Bulk Centre, for a credit card that was held with HSBC a few years ago. The last statement I can find for the account is 2009, although the assignment to the DCA was later than that date. Having read through the forums for some advice (which is very handy and I'm very grateful for) I'm going to write to them tomorrow with a CPR31.14 requesting the agreement, default notice and the assignment. From people's past experiences, what are the chances of them providing this information? And do they have t
  18. Hi, I had a good number of credit card debts - the usual suspects: virgin, mbna, cap1 etc. They all dropped off my credit report a couple of years ago, so I now have what Halifax describe as an A1 rating I would like to remortgage. Should I be worried about a bank or building society that has one of my old credit card accounts in the business group using some sort of set-off mechanism to recover some of the monies I never paid. I'm thinking in particular about a deal I heard on the radio between Yorkshire (building society or bank - I can't remember) and Virgin. But am i
  19. I have received a letter today from Latern (formerly Motor Mile Finance) about some old short term loans from around 2012. This really is out of the blue, I've heard nothing from them for as long as I can recall and this letter was actually sent to my previous address but was re-directed. It is quite a jovial letter, it reads "So, dust off the BBQ, enjoy the sun and take this opportunity to clear your debts before winter approaches". They're offering up to 60% reduction. This is a summary of the debts: Quick Quid £512 - Last payment date: not shown Northway £838.88 - Last payment
  20. Hi I’m new to this, trying to get some help, I got county court letters yesterday about a debt with provident from 2007 , from what I’ve read it’s statute barred but Lowell are saying I made a payment of £3.93 on 9th October 2013 as far as I’m aware I haven’t made any payments in at least 6 years but I have no idea what I’m doing any help would be fantastic. Ruth
  21. Hi I'd be very grateful if you could help me with the following query: How do you calaculate whether a bank account debt is statute barred? If the debt is due to an unauthorised overdraft whereby mulitple debit card payments were allowed by the bank to be taken when there were insufficient/negative funds and no deposits were made into the account subsequently what date do you choose for six years elapsed? From the first transaction out of the account that made it a negative balance? And if I may also ask: How do you calculate the statute barred date for a credit ca
  22. I recently paid a £1000 debt to student loans - as they sent me a default notice - and I panicked as didn’t want my CRF damaged again - ( having now a clear record ) so paid immediately by debit card....... I’ve just found out that they ( student loans ) should of not sent the default letter to me asking for immediate payment - as they would of known it was statute barred ? Do I have case ? Or because I paid up I am stuffed - so too speak ? Any info much appreciated ? Thanks
  23. Hi, Could someone help me please? , complete noobie questions below:- I've been out of the country and been sent a claim form from the County Court Business Centre for a claim from a 10 year old Halifax credit card debt for £1600 plus £105 court fee and £80 legal representative costs. I have been receiving calls from these people but i just thoiught they were PPI calls. This claim form was sent on 6th April (I flew abroad 7am that day) but i've logged onto the portal (22nd April) and filled in the AOS form to extend, i'm not sure if this will still be possible to do? I
  24. Hey Guys, I'm following up on some recent developments (though still not confirmed), that a DCA has recently won a claim in Glasgow Sheriff on the basis that a clause witten CCA stated the contract would be treated by English law would be subject to England's statute limits instead of Scotland's. Assuming that this has happened and no appeal's being persued for this case, or if a potential appeal also fails; where does that leave people in Scotland with their devolved rights? Is Scottish the time limit out of the question now for most credit disputes? Is it valid that most
  25. I have two old outstanding debts - £7000 loan and a £1000 overdraft. A bit of background: My long term partner walked out in 2009, leaving me with all our joint debts and paying the mortgage. I continued making loan repayments for a while before stopping as I was not able to afford them. They eventually ended up with a debt collection agency. Having a few major life crises in the intervening years meant that I buried my head in the sand and ignored everything. I am currently trying to sort out a debt management plan with more recent debt on a limited budget. The pers
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