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    • Having reviewed my previous response, whilst the overall position remains the same, where I referred to a Default, this should have referred to the full amount falling due for payment/the demand for full payment.  I apologise for any confusion that this may have caused and have amended my explanation below to replace any reference to the Default Notice.   Our client’s records show that the last deferment date was the 24 April 2011. Once deferment ends, the agreement takes effect in accordance with the terms thereof – i.e. the monthly payments fall due.   The relevant limitation period in respect of this type of agreement is 6 years, pursuant to section 5 of the Limitation Act 1980 (‘the act’).  In respect of this type of agreement, limitation starts to accrue when the full amount owing falls due for payment, as the creditor does not have a cause of action to bring proceedings for the full amount of the claim until that time.  The full amount owing under the agreement becomes due (and the cause of action accrues) in one of two ways, namely:   1.    If the customer fails to make required payments, the creditor can serve a Default Notice pursuant to section 87 of the Consumer Credit Act 1974.  In the event that the customer does not pay the arrears in accordance with the Default Notice, the creditor can terminate the agreement.  Limitation then starts to accrue from that date; or 2.    If the agreement is not terminated due to failure to comply with a Default Notice, the full amount falls due for payment when the full term of the agreement expires.  Limitation then starts to accrue from that date.   In this case, the agreement was not terminated under the terms of a Default Notice.  The cause of action and hence, the limitation period therefore, started to accrue from the date when the term of the agreement expired.  This was a 60 month agreement.  When a student loan account reaches its 60th month and there is still an outstanding balance, the account matures. This means it will exit the Terms and Conditions of the agreement and the balance becomes due in full. The maturity date is moved on by 12 months with each deferment period meaning that this account matured on the 31 March 2016, which is when the relevant limitation period therefore, started to accrue.  Limitation would not therefore, have expired until March 2022.  As you are aware however, proceedings were issued against you in June 2019 – i.e. comfortably within the relevant limitation period.   Further to the above, even if limitation did not start to run from the date specified above (which it did) and actually started to run from the date of last deferment in 2011 as you incorrectly allege, you did make some payments in respect of the debt, the most recent of which was on the 28 March 2015 in the amount of £90.73, which was paid to Capita under a direct debit.  Pursuant to section 29(5) of the act, the relevant limitation period accrues afresh upon each part payment.  In view of that payment, even if your view of when limitation initially started to accrue was correct (which it is not), it would have accrued afresh based upon the payment and would not therefore, have expired until March 2021.  Again, as proceedings were issued in June 2019, this was comfortably within limitation.   The Subject Access Request supplied to you by Erudio enclosed a number of letters that were issued to you throughout 2016, in which they clearly informed you that your account was in arrears. These letters made it clear that the client wished to work with you to agree an affordable repayment arrangement and that failure to do so may result in a Default being registered against you. Unfortunately, they were unable to reach an amicable resolution resulting in a Final Demand being produced on the 12 January 2017 and issued to you on the 14 January 2017 and it ultimately, becoming necessary for our client to then issue proceedings against you due to non-payment.   As such, whilst I apologise if you feel that our client deliberately delayed the cause of action in order to prolong the limitation period, I assure you that is not the case. As set out above, as the agreement was not terminated under the terms of a Default Notice, Erudio were contractually obligated to allow a 60 month period between the last deferment date and the account maturity date.  They then acted in a fair and reasonable manner by allowing an additional 10 months after the account maturity date to give you the opportunity to resolve the matter before the Demand in Full was issued.    I have also had sight of an email that you sent to my colleague, Richard Senior in which you requested us to confirm that we have complied with FCA regulation. Having reviewed the matter, I am satisfied that throughout our instruction we have acted in accordance with the relevant FCA regulation.
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CCA, DCAs and the Unfair Commercial Practices Directive


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It was a very grey area as you can see by the response I got from TS.

 

Now it isn't :D

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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Personally, if I had any DCAs to CCA, I'd be re doing it now to fall under the new directive ;)

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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Do it anyway baby:D

 

They constantly send demands to consumers who don't owe a penny so I see nothing wrong in sending any of them a CCA ...............just in case you understand;)

 

So take a pin.......................

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Hehe...I'd love to JC but I'm a broke student and can't afford to send 7 CCAs :p

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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The bankruptcy last November took me out of the game so to speak. Just wait until I get my discharge :D

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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Thanks for that danny, no it's not been posted and is very useful :D

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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Hi all,

 

this really is a very useful thread.

 

I know these are a bit hard going but they may be of interest!

 

The Consumer Protection from Unfair Trading Regulations 2008 No. 1277

 

http://www.oft.gov.uk/shared_oft/reports/oft_response_to_consultations/oft839.pdf

 

 

Pookey

I'm in the DCA kicking business ..........and business is good!!!!

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I've received a letter from Cabot this morning.

They've made a serious mistake in writing it. And I mean serious!:-x

I'm writing the reply to them now. But they've just committed a prohibited unfair commercial practice. Guess what it is? Amongst other things, they've threatened to record a default on my Credit Reference Files!

It's a threat! It's also a lie - and if Goldfish have sold this alleged debt to them, Goldfish are equally responsible, and guilty of a very serious breach of trust!

Prohibition of Unfair Commercial Practices

3 © It is aggressive under the provisions of regulation 7

7 (1) a) It significantly impairs or is likely significantly to impair the average consumer's freedom of choice or conduct in relation to the product concerned through the use of harassment, coercion or undue influence; and

b) It thereby causes or is likely to cause him to take a transactional decision he would not have taken otherwise

(3) In this regulation -

b) "undue influence" means exploiting a position of power in relation to the consumer so as to apply pressure, even without using or threatening to use physical force, in a way which significantly limits the consumer's ability to make an informed decision."

Threat of placing default on my Credit Reference Files, without any apparent authority to do so - exploiting a position of power!

I'm going to pursue them for this. CRAs = tools to threaten with.:-x

We will not be intimidated.

'The pen is mightier than the sword'.

Petition to Outlaw Debt Sale and Purchase

- can't read/post much as eye strain's v.bad.

VIVA CAG!!! :)

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No they don't PF, Goldfish have reneged on an arrangement made with them in January this year, if they have. I've also not received any notice of assignment. I not only cleared the arrears on this account, but also confirmed with Goldfish what the payment should be, and have been paying them religiously.

I'll put the letter in a new thread.

We will not be intimidated.

'The pen is mightier than the sword'.

Petition to Outlaw Debt Sale and Purchase

- can't read/post much as eye strain's v.bad.

VIVA CAG!!! :)

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My apologies if this has already been posted on here,.... I didn't spot it, but it is relevant I think........

 

BBC NEWS | Business | Compensation claims a step closer

 

 

Thanks for this link. This particular comment intrigues me.

 

"Some 31 specific practices will now be banned, and the law's wider duty not to trade unfairly is intended to avoid the need for a new law to cover every new [problem]. "

 

Where can we find more information regarding this to find out what these 31 specific practices are ?

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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

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Not sure I follow your post, Sosumi. If you've cleared your arrears with Goldfish why have you made a payment arrangement? And if you do have a payment arrangement, aren't GF still free to sell on/collect your debt if they so wish, the payment option being discretionary & not binding? Can you clarify please?

Take your point re. NOA though - def. out of order.

Would love to see Cabot (& the others) squirm under new regs. Hope you've got a case...

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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please make a sentence out of the following words "worm+turned"

 

It looks like the along waited teeth are being installed to the previously powerless consumer. Let's see who, and how long it takes for the first cases to hit the courts.

 

This may explain the recent actions of certain company directors in their decisions to opt out of the "Debt Collection Industry" and concentrate on their other business interests

Hope this helps

 

 

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Please note: i am not a qualified lawyer, any advice is offered in good faith and is based on my own and others experiences and a penchant for research and a desire to help others to empower themselves

 

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Having read some of the directive, I think it has already had an effect on the actions of Weightmans.

 

Briefly: They failed to tell me that in Dec 2006, one of the 2 HFC accounts they were handling was returned to the OC, but continued to cash cheques which were all clearly marked with both account numbers on the back.

 

All of a sudden, they returned the June 2008 cheque saying they could not cash it, because it had both account numbers on the back.

 

I thought this was due to the fact I had S.A.R - (Subject Access Request)'ed HFC and they figured they had been tumbled. I am now thinking that it could be more to do with the above directive coming in during May.

 

What do you (collectively) think.

 

David

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http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/148467-sosumi-cabot.html#post1569984:) Edited by sosumi
Don't want to hijack BB's thread :)

We will not be intimidated.

'The pen is mightier than the sword'.

Petition to Outlaw Debt Sale and Purchase

- can't read/post much as eye strain's v.bad.

VIVA CAG!!! :)

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I might be totally wrong here Sosumi but this is what I gather their problem is. From what you say, they didn't even send a default notice? I mean, before they can default you, they have to write to tell you what they expect you to do to remedy the situation. They can't just default you without doing that.

Is it worth writing to Cabot to tell them you want to carry on with the same arrangement as yu had before? Perhaps they will just be happy to be getting anything at all?

I do see that Goldfish seem to be selling on a lot of accounts. Even ones that are not in debt. Well, not in trouble. You know what I mean.

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