Defaults, CCJ's and the 6 year rule?

[247orbital]

Hi,

 

I am in the process of looking to remove defaults and possibly one CCJ (from Bannatynes).

 

I understand the 6 year rule regarding Statute Barred etc.

 

What I would like to clarify is that "IF" I submit a SAR or CCA request does this mean I am acknowleging the debt and so resetting the clock on the 6 year rule ????

 

 

All of my debts are pre 2007

[silverfox1961]

Hi,

 

No, all you are doing is getting your data or any agreement. If you put at the top of your CCA request," I do not acknowledge any debt to you or any company you claim to represent" that will cover you.

The SAR, as I said is just a request for info, nothing more.

 

fox

[247orbital]

Who do I make the postal order payable to? The debt collection company or the original creditor?

[mkb]

SAR goes to OC

 

CCA to DCA

[247orbital]

Hi,

 

I've recently found a letter from Lowell for an old debt from June 2002.

 

 

I am certain that the debt is statue barred and have a letter ready to send off to them tomorrow by recorded delivery.

 

 

How long do they normaly take to reply if at all?

 

 

Where do I stand if the debt is sold on or passed to another division of the group as I am aware Lowell has many different sub companys?

 

Is there something I can include in my letter in order to stop repeat letters coming from other DCA for the same statue barred debt?

 

I have included the PLEASE NOTE THIS LETTER IS IN NO WAY AN ACKNOWLEGEMENT OF THIS ALLEGED DEBT TO YOU OR ANY COMPANY YOU REPRESENT. I have also not signed the letter only printed.

 

Is there anything else I should include?

 

Many thanks.

 

[silverfox1961]

Hi,

The lowlifes will no doubt say "an attempted payment was made on XXXX".

 

Ignore this. Once you have told them it is SB, it is down to them to prove it isn't. They won't be able to based on your dates.

If they flog the debt on. complain to them and to the new DCA and the OFT/Trading Standards

[247orbital]

Hi Silver Fox,

 

can I ssume then that Lowell will just keep pestering me for this debt but through there other sub companies? Is it possible that they can default me on this even though they are not the original creditor and it is over the6 year statute barred rule?

 

Is there not some form of action I can take under the CCA that once the debt is statute barred it can no longer be sold to other companies?

[silverfox1961]

It's possible either Red or Hamptons (Il)legal will have a go but I wouldn't bother getting into a letter ping pong with them. You will have stated your case, let them deal with it.

They will go away eventually.

 

Before a debt is sold, it must be defaulted and the account terminated so therefore, at some time in the previous 6 years, you must have been defaulted. You cannot be defaulted for the same debt twice. If they tried it, you could sue them for compensation. This will fall off your credit file (if it hasn't already) but I would get a copy of your file for the next few months.

 

Not much you can do to stop Lowells selling this debt on to anyone else as they don't tell each other whether a debt is SB or not. They just try to get it off their books. Like I said, you would have cause for complaint if anyone else came out of the woodwork.

[sam614]

as fox says they will try the "attempted payment crap "

 

followed by passed on to red and hamptons crap

 

as soon as that starts report to OFT and TS

 

although a letter to compliance complaining that they are attempting to collect on a debt that they have been advised is statute,usually stops them in their tracks.but will not stop a pass off to muck hall or similar outfit.

 

but why deny the OFT/TS the chance of another registered complaint against these cretins..and another warning slap:D

 

SAM

[247orbital]

It seems to me it must be?

[2ltr16valve]

It seems to me it must be?

 

 

Why ?

 

Your just asking for all information that the company holds on you.... its not admitting to anything is it ?

[spamheed]

NO it isn't

 

It is a legal request for information as laid out in statute

 

Basically, I want to see every piece of information that your company holds on me, this could be from a bank, a doctor, the police, or even a former employer. it is not specific to credit or debt

[247orbital]

thank you and much love.