Admission of debt

[Uptotheneck]

Just a quick question.

 

What would construed as an admission of debt?

 

 

 

Regards

 

David

[clemma]

Anything in writing acknowledging to the OC or DCA that you do owe the money. Maybe (if calls are recorded) admitting the same on the phone too (although this is not a strong a case for them).

[Uptotheneck]

Such as an I & E statement

Regards

 

David

[cerberusalert]

That's not exactly an admission of a debt, more a statement of your finances.

[Uptotheneck]

That could explain why I have had no response to my statute barred letter to Marlin.

 

Regards

 

David

[brokebutnotbeatn]

Don't forget as many have already pointed out, once SB'd. always SB'd. Nothing can change that. That's why you probably haven't had a reponse!

[Uptotheneck]

Many Thanks Guys

 

Regards

 

David

[nks22]

I initially approached CAB for assistance. I have signed a form giving them authority to act on my behalf and the Financial Statement they've sent to my creditors (and which states 'based on the information supplied by our client') lists the total owed on each card. Is this in any way an 'admission of debt'.

 

I'm not sure if meanwhile I should vary or withdraw my agreement with CAB. They have been helpful (if slow) and are currently in the process of agreeing a freezing of my accounts with nil payments for six months. Could it complicate actions of my own such as questioning a DN or challenging the validity of CCAs?

[Uptotheneck]

It depends which CAB are working with you, they all seem to have different ways of working. It would be best to discus this with your advisor, are you working with a specialist debt advisor?

 

 

Regards

 

 

David

[nks22]

No, in fact he seems to know less than I do (which was very little until I found CAG!). He does his best but because he has to check everything with someone else nothing moves very fast.

[Uptotheneck]

I think as long as you let your advisor know what you are doing, or that you do not need their services anymore you will be ok. I am working at an advice centre in Sheffield and they are on the ball here.

 

Regards

 

David

[T2upNorth]

nks22, I know that CAB do try very hard and are a great resource, but personally, given the great personal inportance of this to you, I would look at getting an advisor who was more able. Mistakes can be very costly.

 

Also, the amount of input from CAG compared to CAB means it is usually easier to differentiate the "well intentioned" from the well informed.

 

At the very least I'd use CAG as a sounding board before letting anyone act on your behalf.

 

good luck

T2

[diskmandave]

The Limitation Act 1980 states that an Acknowledgement of a debt

must be in writing, and signed by the debtor.

 

A payment, no matter how small, is also seen as an acknowledgement.

[nks22]

I'd been up-to-date with payments until around April and made some nominal payments since (though nothing since CAB first wrote on my behalf).

 

My inclination at present is to leave CAB to deal with all the CCs except Egg and the Co-Op since they're asking for a freeze of interest and nil payments for six months. Egg deny hearing from CAB, have terminated my accounts and handed them over to DLC while the Co-Op appear to have terminated on

faulty DNs so I plan to follow up with them myself but tell CAB what I'm doing.