Link/MBNA Claimform - Card Debt Poss statute barred **Struck Out**

[Drexl Spivey]

With these statute barred debts, it is a bit like some of the scenes you see in the spaghetti westerns with the guy with the small handgun (the dca) firing off shots that always fall short of the target, and the other guy ( the alleged debtor ) holding the rifle laughing at the pitiful dca attempts to bring him in range by agreeing/signing some payment deal , and lifting up his rifle for a nice complaint/FOS £400 shot.

 

The only problem, is a lot of people don't know they have the FOS rifle and think those dca handgun bullets have a chance of hitting them , they don't see these 'warning shots' as really as far as they can ever fire , they don't know they only have a 6 year range

[rudy1]

what does this mean drexl spivey, FOS? .help. i'm going to cca letter them tomorrow. Still totally confused as to wheather this is statue barred. last payment mid jan 2002. Funny you should write like this, said to a friend today- feels like i've been up against a wall for the pass month, blind folded, waiting for the firing squad, they now taken a shot and its not hurt half as much as i thought, i've been so scared of legal action now it's happened i don't feel so tense. strange.

[Drexl Spivey]

The FOS is the Financial Ombudsman Service. It deals with financial institutions ( I believe extended to holding a credit licence, but in our case, a dca. it is always the case anyway) . You issue a formal complaint against a company by obliging its own complaints procedure, and once you have your full and final response, you take it to the ombudsman, for which there is a £400 case study fee wether they are found 'guilty' or not.

[rudy1]

cool, I will if i find i have a case, ie statue barred but not quite sure i do at the moment. sooooooo confused. Been trawling through the net for hours to find out what i should do next and still totally lost. But i know i will fight til the end with this. The debt was £4k ish when they first wrote in february today it was £7k and a bit on the summons

[Drexl Spivey]

The date the clock of the statute barred ticks, is the date you last made payment or written acknowledgemt of the debt. Not the date they issued a default . Defend it on the statute of limitations act. They are relying on you not showing up in court to win this. You have a cast iron case if you last made a payment or made written acknowledement in Jan 2002.

[rudy1]

I was taken ill in 2001, my parents wanted me home so i sold up, moved closer in jan 2002, i know i have not made a payment since, at the latest last payment 23/01/2002 when i was living at my last address. I think its more like 15/01/2002. Am trying to get the actual date from a friend with credit file connects, don't want to link my addresses. There is no absolutely clear guide lines on when the clock starts anywhere. Its very hazy but hope your clock is right.

[Drexl Spivey]

Just read the act itself, forget about hazy or no other clear guide lines .

 

30 Formal provisions as to acknowledgments and part payments

 

(1) To be effective for the purposes of section 29 of this Act, an

acknowledgment must be in writing and signed by the person

making it.

(2) For the purposes of section 29, any acknowledgment or payment--

(a) may be made by the agent of the person by whom it is

required to be made under that section; and

(b) shall be made to the person, or to an agent of the

person, whose title or claim is being acknowledged or,

as the case may be, in respect of whose claim the

payment is being made.

[rudy1]

being a bit blonde, don't understand this. Is it statue barred then, will it hold in court?

[bazaar]

Hi Rudy, This is just my lowly input on this. First of all STOP WORRYING, Ok Ive got that off my chest. Have you send these cretins a CCA request yet? If not why not? There are some great templates on this site to send to the morons. Send it special delivery with a £1 postal order ( DO NOT SIGN THE LETTERS YOU SEND). Also dont send a cheque because they would have your signature. They will have 12 days Plus 2 to give you the properly executed aggreement. After a further 30 days, they will be committing an offence if they pursue you further. Basically, if theres no aggreement, then they dont get any money. No court would issue anything without it. You may well be statute barred also, so thats another string to your bow. Check the templates section for a suitable letter, then sit it out and enjoy being with your family, dont give the two hats any more time to threaten you. Good luck and one more thing Dont worry, as said earlier theres over 170k people in that big corner.

[Drexl Spivey]

Yes , it will hold up in court ) . There is no mention in the statute of limitations regarding dating it from a default notice funnily enough, I wonder if they will try that on a judge, I dont think so somehow. The whole case seems vexatious to me .

[rudy1]

THANK YOU, ALL OF YOU, I'm welling up, been a totally bad start to the year with this and my sister being ill. I

will send the CCA request tomorrow.

I will be positive and i will let you all know what i hear, thank you so much for your support.

 

Thank you thank you thank you, going to go to bed and sleep,

(still have that sick feeling) for about 3 hours as just had a baby,

so up all night and so tired,

 

feel bad because I should be enjoying my new arrival but fixed on the other two big things.

 

My plate is as about as full as it can be at the moment, I bid you all good night, sleep tight.

[Drexl Spivey]

Dont be scared of their court threats, if your dates are correct you have nothing to worry about . Hope the sister gets better soon ).

 

Keep posting here your updates )

 

Dont worry about these fool dca's, the new baby needs your attention ) .. we will all help you here )

[bazaar]

Sorry Rudy, I missed the bit about the court summons, So you can save yourself the £1 now, I have copied this from another thread, So if anyone has improvements please go ahead.

 

n the XXXX County Court

Claimant -v- (YOUR NAME)

Claim Number: (CLAIM NUMBER)

 

 

Dear XXX

 

REQUEST FOR INFORMATION

 

I have received a recent court claim from your organisation. In order to file a defence and counter claim I require some information. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below.

 

The information must be furnished within fourteen days of the receipt of this letter. If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought.

 

1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

2. All records you hold on me relevant to this case, including but not limited to:

 

a. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

b. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with *********.(AMEND TO THE COMPANY NAME)

c. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

d.Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

e. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

f. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

g. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

h. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

i. Copies of statements for the entire duration of the credit agreement.

 

3. Any other documents you seek to rely on in court.

 

 

I will require this information within the next fourteen days. I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to frustrate proceedings and denying me the opportunity to file a defence and counter claim.

 

Yours sincerely,

 

XXXX (type, don't sign).

 

 

Make sure you keep a copy for yourself, and send the Court a copy the same time you send to the DCA. If anyone else has something I've missed please add on

[bazaar]

Also, On The court papers you sent out did you state you want a transfer to your local court because you are a 'litigant in person' and you are also requesting a stay because the account is in dispute and you are awaiting documents from that are necessary for your defence.

Dont worry too much if its already sent, I think you can contact the court in question to do this.

[rudy1]

hello to you all,

spent the morning putting the letters together,

added a few things,

left out couple of bits,

then got my neighbour who introduced me to you AMAZING CLEVER SELFLESS people to have a read through,

 

he was very impressed and has asked for copies to go on his website he is putting together.

 

I feel so much better that i just answered a withheld call, it was only my sister and i wouldn't of talked to the chimps if it was them, but i was not paralysed with fear like i have been. Will keep you posted, away for the weekend but will be in touch again monday. Have a great weekend

[rudy1]

hello, back from my 48 hours relaxation, to a message from another debt collection agency.

 

Can't believe it, Link financial must of circulated my details.

 

This one, again goes back to January 2002,

surely this must be statue barred,

starting to think the law is an A**.

 

Seems six year rule is not six years!

Is Link allowed to pass my details on?

 

Does anyone know a letter i can send them, if not I can put one together myself.

 

Is this legal passing details in view of the data protection act?

 

Been reading more and more about Link on this website and now starting to think am i a wally defending the court action, are they chancers?

 

couldn't of been cheap going legal on £7k. ...You know i just can't wait until this is over whatever way it goes so fed up of worrying.

 

8.30pm and they are still phoning luckily have caller ID.

spoke to a couple of friends tonight and they are advising me to give in and start paying,

my thinking is i'm going to have a ccj now if so i may as well march on and defend even if it is coursing me stress.

 

Anyone out there with an opion.

Should i give up.

Are they taking a chance?

have i got a chance.

I just don't know.

 

This statue barred thing,

Every where say 6 years since last payment/contact,

i think its worth giving it a go,

at the end of the day its six years JUST surely its worth fighting.

{think i'm starting to sound deperate)

[Lula]

Rudy, as the debt is now statute barred, it is my understanding that even if they are foolish enough to go to court, even a judge cannot give a ruling on payment or a CCJ. Hold fire, I havent kept up with the thread, but have you sent them the statute barred letter?

 

You need to make sure that every letter they send you is logged in order, if they do decide to take you to court, dont worry about it, we can help with a defence that will mean that you dnt get a CCJ, they are constantly ringing you because they know that the debt is statute barred and they havnt really much hope of collecting

[Goldlady]

Rudy, if you have asked for a copy of the CCA and they can't come up with it, in addition to the extremely likely situation that it is statute barred then you have two strings to your bow. I would suspect they are putting the pressure on because they know they can't enforce it. Do Not give up and pay them.

 

OK, worst case scenario, you get a judgement and have to pay them what you can afford. And that is seriously worst case - you have two chance cards to play and one of them, if not both, should succeed.

[rudy1]

sorry for delay broadband or whatever it is keeps going down,

yes done the stat barred letter but they say default wasn't registered until september 2002.

 

my argument is 'not my fault took them 10 months to register it' .

surely i have to go to court if i have a summons, not that that scares me really.

 

so fed up of going through searches on net and nothing giving me a clear answer on stat barred, apart from no payment/no contact in six years

 

but its not according to lots of people and sites,

its six years and a month,

six years and three months,

its six years from default,

just don't know when six years actually starts but i'll give it a go,

nothing to lose is my thinking!

 

I'm not being clear, on a panic rant,

Link have issued proceedings,

which i will try and use statue barred thing and i have cca'd them on friday,

now i have the other outstanding card chasing me all of a sudden,

but that one hopefully must be statue barred?

same time jan 2002

[Lula]

ok, right, you have issued the CPR18 at Link, that is good, they probably wont come back with anything, do you have their Particulars of Claim? if you do, post it up and let us look and then we can formulate a defence, as for the other card, send the cca request, and then we will send the statute barred letter and see where we go from there.

[rudy1]

thanks , having real problems with connect....

 

Particulars of the claim are;

the cliamant claims the whole of the outstanding balance due and payable under an agreement and/or associated agreements made with the defendent in writing and dated 12/02/99 and assigned to the claimant.

 

The defendant has failed to make payment as required by the agreement and to conply with a default notice or notices served by the claimant and/or assignor ........

 

.and the cliamant claims £5,031.58

2. Interest pursuant to section 69 county court act (1984) at a rate of 8.ooo% per annum from 16/10/02 0f £2,160.41 and thereafter at a daily rate of £1.100 to date of judgement or sooner payment.....

....i know i stopped in jan why are they saying sept.

.thank you for your time.

[Lula]

they have to prove that you stopped paying in September, the CPR request will show this

[rudy1]

CPR request? you know me , what does that mean. definately jan, do you think i satnd any chance?

[Lula]

have you received something from the court? that will tell you when you need to file a defence by.

 

Also, if you have indeed received something from a court then you should as a matter of urgency send the letter in post 69 to your creditor

[rudy1]

yes i have received a 'claim form' with the particulars posted above,

so far i have written to link asking them for cca and load of other things,

written to the court asking for 'change of court as defending'

 

but i can't see on forms a time i need to defend by presumed from what my neighbour told me i should do it by day 20.

Does that make sense?

 

Whats a post 69?

sorry i know i'm a pain.