Hopster v Egg

[Hopster]

Responding to PM.

Hi easy mistake to make

 

 

Yes SAR to OC, and if you haven't done so a CCA to the DCA.

 

I need clarity on Statute Barring and if I can get it I will be hugely grateful !

The Creditor or his agent has contaced me mases of times during the last six years, I have never admitted the debt and have ony made a payment of £10 for SAR which I didn't get. I have made contact thro' a solicitor but have never admitted the debt - any ideas ?

[ims21]

I need clarity on Statute Barring and if I can get it I will be hugely grateful !

The Creditor or his agent has contaced me mases of times during the last six years, I have never admitted the debt and have ony made a payment of £10 for SAR which I didn't get. I have made contact thro' a solicitor but have never admitted the debt - any ideas ?

 

What was the nature of the contact through the solicitor?

 

The other stuff you mention has no effect on Statute Barring.

[Hopster]

I asked a firm of solicitors to take on the Marlin/Egg set up to see whether the Credit Agreement was unnforcable or not

- letters to Marlin for example asked for a true copy of the CCA which they failed to supply.

 

It appears that i now have two choices

- to pay up or engage in settlement negotiations or do nothing and wait to see if they enforce the agreement that I had with Egg

the outcome of which is likely to be that the judge finds for marlin which will then include interest etc.

 

Statute Barring may be an answer

- where can I find the definitive description of Satute Barring.

 

Can you please explain why the other stuff I mention has no bearing on SB ?

Thanks

[ims21]

On a loan or credit card, Statute Barring in England and Wales is 6 years from the Cause of Action and with no absolute acknowledgement of the debt in writing. This would normally be six years from the date a payment was due but not made and after which no further payments were made. The time limit in Scotland is 5 years.

 

SB in England in Wales means that court action will not succeed as SB is an absolute defence. It is also an absolute defence in Scotland but they have the added bonus that after the 5 year period the debt is extinguished.

 

As you appointed a solicitor to deal with stuff on your behalf and they were acting as your authorised representative, whether their letters would be an acknowledgement of the debt would depend on the wording used.

 

Do you have your own thread running on this issue?

[dx100uk]

own thread created for you hopster

 

 

dx

[Hopster]

Thank you for creating this thread for me.

Hopster

[Hopster]

I thik that I may have stuffed myself = in May 2011 I offered a figure in settlement of the" alleged" debt = I didn't admit to the debt but wanted to end the matter once and for all.

?

[dx100uk]

is the debt still with EGG?

 

 

is it on yourcredit file still?

 

 

is the agreement enforceable?

 

 

have you sent the current owner a CCA request?

 

 

without an enforceable CCA

 

 

the current owner can do nowt

regardless to the SB status

[Hopster]

1. Now with Marlin

2. Yes

3. I don't know

 

4. Yes. the solicitors sent one and received 2 reconstituted copies of my CCA which are not identical.

 

 

The solicitors are no longer on the case.

 

 

The reconstitued agreement supplied by Marlin appears to have been constructed

using theinfo/data supplid by me when applying for the card.

 

 

This might be good enough if you take the case of Carey v HSBC where a reconstituted agreement

satisfied the court apparently.

 

 

The solicitors that were acting for me reckon that if the reconstituted agreement were to be placed

before a cout it is possible that the court would find that Marlin had complied with section 78 request

and that the agreement in enforceable - this brings int play court costs and INTEREST. !!

[dx100uk]

if this is pre apr 2007 then they'll need the signed agreement

 

 

no ifs or buts

 

 

dx

[Hopster]

The beginning of 2006 is when the agreement with Egg started. it has gone around the wrekin with several Debt Collectors since it was terminated (with 161,000 others) in 2008.

[Hopster]

The agreement was arranged on the computer - nothing signed as such. I ticked the box to comply.

[dx100uk]

ok

 

 

so is anyone actually chasing you?

 

 

dx

[Hopster]

yes - Marlin - received a letter from them in August 2014 demanding outstanding amount.

 

 

Prior to this an identical letter in February 2014 and

 

 

prior to that one in August 2013

 

 

Incidentally I did NOT send an offer in May 2011 as I had originally thought (see earlier message).

 

 

I am tempted to send them a statute barred letter.

 

 

The only payment to them was £10 SAR request which was never answered.

 

so is anyone actually chasing you?

 

 

dx

[dx100uk]

no debt this way just helping.

 

 

what is the defaulted date in the summary of the debt on your credit file?

 

 

dx

[Hopster]

Default notice from Egg dated August 2008. I don't know if there is anything diffrent on my credit file - I will see what I can find.

[Hopster]

I have just checked and there is a default date on my record of about half of the balance dated March 2009. Is this of any signifiance ?

[dx100uk]

so march next year it is removed totally.

 

 

ideally it should be the same ish date as the DN you got.

[Hopster]

Sorry - what is removed and wh plese ?

Do you think that I should send marlin a Statute Barred letter in view of previous messages between us ?

[Hopster]

bad spelling - rather bad typing ! wh is where

[BRIGADIER2JCS]

Default notice from Egg dated August 2008. I don't know if there is anything diffrent on my credit file - I will see what I can find.

 

 

The Date on the Default Notice has no relevance to the actual Date Defaulted as shown on credit files, this date is the one that governs when the entry is removed from CRA files paid or not on the 6th anniversary of said date.

[ims21]

You said that in 2011 you offered a payment in settlement of the debt. That in itself could be construed as an acknowledgement of the debt.

 

You then say you didn't do this.....which one is it?

 

Also you need to consider what language the solicitors used when they were in correspondence....I mentioned this above.

 

You might be lucky and get away with a claim of SB but personally I would want to be sure. It would, however put the onus on them to show that it is not SB.

 

Also consider what dx has said about the enforceability aspect.

[Hopster]

No

- I did not make an offer to settle the debt

- that was another case that I am sruggling with !

 

 

I repeat I did not make an offer to Marlin/Egg/Barclaycard.

 

 

Sorry for the mix up.

 

 

The only payment made ws for an SAR for which I didn't receive an answer.

 

What is the best way of putting the onus on them to show that it is not SB ?

 

 

Is there a standard letter on the forum somewhere ?

Thx again

[ims21]

There is an SB letter in the CAG library. By sending it you then await their reply. They will either agree that it is SB or they will not. If they don't agree they may provide their reasoning. If they don't provide their reasons then you get them to tell you why they think it is not SB.

[BRIGADIER2JCS]

No

- I did not make an offer to settle the debt

- that was another case that I am sruggling with !

 

 

I repeat I did not make an offer to Marlin/Egg/Barclaycard.

 

 

Sorry for the mix up.

 

 

The only payment made ws for an SAR for which I didn't receive an answer.

 

What is the best way of putting the onus on them to show that it is not SB ?

 

 

Is there a standard letter on the forum somewhere ?

Thx again

 

 

 

Hopster, can you clarify which of the two dates you refer to as default date an a default notice (2008 &2009) is the default date shown on your credit files??