Wilko v just about everybody

[clemma]

Nothing - it's up to them to prove you do owe something......idiots

[lafey]

Ask them to prove that they dont owe you 20k cos you sure you remember lending it to them ... No .. you dont have any paperwork properly signed when you lent it to them but in the fairyland they live in what does that matter ???

Edited April 11, 2009 by lafey

[wilko1]

If a creditor sends you a threat o gram saying pay the full amount owing in 7 days or blah blah. Does this mean the account is terminated without a default notice having been served? And what are the implications?

Thanks

[Pinky69]

No it doesn't. A threatogram is just that - full of meaningless threats to scare you into payment. They are full of "might" and "could" but only a court can decide what WILL happen if you don't pay and a DCA cannot guess what that might be. DCAs have no legal powers whatsoever and their threatograms are no more than wishful thinking on their part. Ignore them - you are sure to get some more.

[wilko1]

Details of the lenders credit scoring process and the info they found about the borrowers financial situation?

 

thanks

[Deb T]

Details of the lenders credit scoring process and the info they found about the borrowers financial situation?

 

thanks

 

No, I don't think so re the credit scoring but it may show some screenshots of your financial situation as in your income, employer contact details and telephone numbers.

[loobyloo85]

No, they wouldnt be allowed to list this information, especially the info they have found out about the borrower, as this is confidential

[wilko1]

Can you get legal aid to defend a court action from a creditor? Has anyone used legal aid for such cases and how did it work out, were you satisfied etc.

 

Thanks

[pompeyfaith]

i think you would have to apply for it via a legal aid sol and they would asses the case on its merits .i.e chance of success PF

[PriorityOne]

Which company is taking you to court and why?

[wilko1]

Had numerous DCA's chasing me for various debts over the past 2 years for cc debts, I was just trying to find out how I stood if any of them eventually issued court papers.

[PriorityOne]

Had numerous DCA's chasing me for various debts over the past 2 years for cc debts, I was just trying to find out how I stood if any of them eventually issued court papers.

 

In that case, I would advise you to start a thread in the Debt forums and outline the current position with each DCA... incl. the name of each company chasing you, the alleged balance outstanding on each account, how old the accounts are and what type of credit it was (CC/loan, etc).... and if you have any CCJs that you know of.

 

The reason being.... you need to establish if these companies are legally entitled to collect anything from you at all.

 

[wilko1]

They are all cc debts taken out pre 2003, I've CCA'd them all and have had nothing enforceable sent back, I've challenged them all to take me to court, most seem to have backed off, only occassionally does someone send a threatogram or phone up now. If I do get issued with court papers I'll start individual threads for each one. Thanks for your help.

[wilko1]

Does anyone know if this firm is one of these solicitors that rent out their name to DCA's, so that the DCA can pretend that you are receiving a letter from a genuine firm of solicitors, when in fact it is just the DCA sending another threatogram.

[maroondevo52]

Hi,

 

This thread will be of interest

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/134249-wescot-backed-nelson-guest.html

 

Regards.

 

Scott.

[wilko1]

I've had Lloyds saying that they are only required to keep agreements for 6 yrs from when the account is opened.

I've read on here that it is 6 yrs from closure of the account, but can anyone provide a link or something that proves it is legally 6 yrs after closure.

 

Thanks

[unclebulgaria67]

I don't have the info re 6 years after closure, but that is the only timeframe that makes any sense. If it is a requirement of creditors to provide a copy of the CCA following a statutory request, then it cannot just be 6 years from when the account was opened.

 

If Lloyds were confident in their response they would have stated the legislation or rules that applied.

 

I have been involved in record keeping in financial services and it is not that straightforward. Most of the rules come under accounting standards and regulatory review processes. The keeping of records is often focused on standards which are not specifically aimed at consumers, but on the prudential standards of the business. But having said that, if the CCA 1974 states that a request for a copy of the CCA can be made up to 6 years after closure of the account, then they would have to comply with it.

[dx100uk]

if the account is closed

they'll not supply it under a CCA request anyhow.

 

sar would be the way

adding a line to include any/all agreements with them

 

dx

[citizenB]

According to the Money laundering and tax laws, statutory documents are supposed to be kept for 5/7 years after the financial relationship has ended.

 

Information Commissioner sits on the fence and says that they need only keep data for as long as is necessary.

 

Now one would assume with all the issues surrounding the non production of original agreements, that companies would indeed keep them until the relationship had ended.

 

If your account is closed or has been sold/assigned, then they might have a good argument. But if it hasn't then I think their response is disingenuous and they might just be trying to cover their backs.

 

Put the ball back in their court and ask them for the legislation that advises they only need keep the documents for 6 years from opening.. !

[Peterbard]

if the account is closed

they'll not supply it under a CCA request anyhow.

 

sar would be the way

adding a line to include any/all agreements with them

 

dx

 

They should under guidelines and the cca provide a copy (under 77-79)for as long as there remains sums due under the agreement, or until judgment.

[dx100uk]

well if they are sayin the account is closed

 

then i'd assume nowts owing.

 

so if the agreement is completed, the cca request is not applicable?

 

dx

[Peterbard]

Many people say closed when they mean terminated, so I thought I would clarify the situation.

[dx100uk]

await the sar me thinks

 

dx

[wilko1]

Help / opinions would be appreciated.

 

In the following example, when would the debt become statute barred?

 

Last payment made January, default notice issued July, defaulted with cra's December.

 

Statute barred January + 6 years, July + 6 years or December + 6 years.

 

No payments or acknowledgement of debt made.

 

Many thanks

[filrobbo]

Can you tell us what the problem is first before we can help.