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    • Thank you dx, that is what I intend to do now. I have gone through all the SAR documents, a lot of which I am seeing for the first time! As per my previous post #116 letters and statements alleged to have been sent to me, as recorded on their system notes I have not received. Letters I have sent requesting information and account statements have not been recorded as being received by them, all were sent either by Recorded or Special Delivery. I have all the proof you menrtioned from my files for payments and from their SAR info for fees added. Thanks t
    • In my experience (not with car payments) but with many other things, my partner has been ill and signed off in the past and we have been unable to meet various commitments.  Naturally if you ring the call centre they are going to fob you off and tell you you must pay, that's why that never ever works. I would obtain a note from her GP listing all her health issues plus medications plus side effects, then write to the finance company with a copy of it, explaining the situation, as you have here, asking for a payment holiday. Perhaps mention that the car is very much needed for hospital appointments etc. It's likely the finance company would rather you pay till term end than, chase you for money they will never see, and sell the car at auction for a loss,  You can search some of my threads going back years, advising people to do this for Council Tax, Tax Credits, HMRC, Even a solicitors company and it always works, because contrary to popular belief people are reasonable.
    • Sorry, I haven't ever seen one of these agreements. Read it all and look out for anything that says when she can withdraw and when she is committed to go ahead. If it isn't clear she may need to call the housing provider and simply say what you posted here, she doesn't want to go ahead and how does she withdraw her swap application?
    • Thank you! Your head is like a power bank of knowledge.  Her health issues are short term, due to a relationship breakdown she took it pretty hard and has been signed off work on medication for 3 months. She only started her job in February 24 so does not qualify for any occupational sick benefits, which is where the ssp only comes in. (You will see me posting a few things over the coming days, whilst I try and sort some things for her)  I sat with her last night relaying all this back and she does want to work out a plan, she was ready to propose £100 for the next 3 months and then an additional £70 per month onto of her contractual to "catch up" but Money247 rejecting the payment holiday and demanding £200 thew her, which is why I came on here.   
    • I've looked at your case specifically more.   Term 8bii reads " when, in accordance with instructions from the Customer or the Consignee, the Consignment is left in a safe place" Their terms choose to not define safe, so they are put to proof that the location is safe. If your property opens onto a street its a simple thing of putting a google earth image and pointing out that its not a safe place
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Statute Barred and it's meaning


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Hi, Just a quick one for a friend of mine.

 

Rather than CCA a debt collector for a loan she has no knowledge of.

 

The alleged loan was taken out in 2001 with HFC Bank and is now with a DCA. The alleged loan was defaulted in November 2003.

 

Does the six year rule run from the date the alleged loan was taken or from the date the alleged loan defaulted?

 

She would rather just tell them that it is statute barred instead of taking my advice and CCA'ing them just to find out if there has been any fraud taking place in 2001 and someone has obtained a loan in her name.

 

Any help, much appreciated.

 

 

If all else fails, kick them where it hurts and SOD'EM;)

 

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The six year rule, or my understanding of it, is that the six years runs from when the debt was last acknowledged(usually by making a payment).

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7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

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You don't need to CCA anyway, if someone is saying your friend owes them, then it is up to them to send you the details and proof.

 

You don't have to pay to prove your innocence.

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Is it correct that the statute barred period is affected if you are out of the country at some point during the six years. I am currently overseas, I don't have any intention of going back, but if I did is the time I was away excluded from the six years? Hope that makes sense!

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Hi NZ,

 

My guess is that the 6 years runs from the time the debt was last acknowledged, ie when you last made a pay't, regardless of your whereabouts.

 

Others may feel differently.

 

If you want to post further on this, please start your own new thread in the Debt forum, to avoid hijacking Sod'Em's thread. :)

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I think it is right they should have to prove she owes money but it still doesn't alter the fact that she has a default recorded on her credit file which is hindering her getting any sort of credit. Try to get Experian or Equifax to remove it and all they do is put a notice of correction against the default which explains that the default is being disputed. This does not help you get credit as not all lenders will see it. All they see is the default?

 

 

If all else fails, kick them where it hurts and SOD'EM;)

 

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If YF has no knowledge of, or connection with, the alleged debt, I don't see what Statute Barred has to do with this.

 

YF should put the DCA to strict proof that the debt is hers, or acknowledge that it is not.

 

A CCA request would be a good way to start to get the Default removed. Use Letter N from here - http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

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Experian have already said they will have to contact the company in question before they will consider removing the default. They also say that the company have 28 days to reply back to them.

 

This was over 2 months ago and as there was still no reply I asked Experian to remove the default again. They replied " We are still awaiting a reply from the company in question. As soon as we here something we will let you know."

 

Are these DCA'S in the same team as the credit reference agencies???????

 

:confused::?::confused::?::confused:

 

 

If all else fails, kick them where it hurts and SOD'EM;)

 

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Hi,

 

They could pass this back and forth for months.

 

I would send CCA off and read here too - http://www.consumeractiongroup.co.uk/forum/legalities/24013-defaults-proposed-method-removal.html

 

Also you could start a thread for the case here - http://www.consumeractiongroup.co.uk/forum/data-protection-default-issues/

 

You may get good advice from members better experienced with Defaults and CRA's.

Edited by slick132
Add-on re Default forum

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