Help!debts over 6yrs

[bp]

Need help. Been contacted by a DCA (Debt Collection Agency)for a debt that's over six years old. HSBC sold my acc in May to a company who have now been instructed to collect.

 

What do i tell the DCA? i have no funds so can't even agree to a payment plan at the moment.

 

Can they place it on hold while the debt is in dispute?

 

PS, thanks zoot much appreciated.

[saxon]

Hello, I have scoured these boards for weeks and weeks, there is a thread that guides you on debts that are over 6 years old. I can't recall when I saw it or what the title was, but as long as there's been no admission of the debt by you for 6 years, they can't enforce it. however, someone more experianced will come alone and guide you properly. Keep reading the threads, it may have been in the bailiffs and debt collecters forum, just keep reading ,the answers are there, just takes time.

 

at least this keeps your post on the front page.

 

good luck

[saxon]

hello again, this is the thread I was reffering to

 

http://www.consumeractiongroup.co.uk/forum/natwest-bank/14149-help-needed-bank-stuff.html#post111250

 

it may be simular to your thread, hope it helps

 

I need some sleep now, take care.

[zootscoot]

Hello again bpakoue

 

Sorry for the delay.

 

As discussed earlier there may be issues regarding the limitations route so it might be easier to start with CCA request. If this fails we'll have a bit more knowledge regarding dates and can then look into the limitations more fully.

 

So start by writing the following letter to your DCA

 

 

Dear XXXX,

 

I do not acknowledge ANY debt to your company. I require you to supply the following documentation before I will correspond further on this matter:

 

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit).

2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

 

You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974. Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

 

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

 

I enclose a £1 postal order (or cheque) in payment of the statutory fee, PO Serial Number xxxxx.

 

Yours faithfully

 

 

XXXX

 

 

It is important that you do not personally sign this letter. Simply type your name.

 

If they can not supply the relevant documents after 12 days the debt is suspended if they fail to supply after one month they have committed an offence and you can report them to trading standards.

 

You may find that if they can not produce the documents they will hand the debt back to HSBC.

 

If they do supply the info - you've lost a pound. But you will have some valuable info such as how much they paid for the debt- probably very little - which will certainly be useful if you do need to negotiate a settlement.

 

 

 

I think in your earlier post you mentioned that there were charges imposed by HSBC. If you want to claim these, you need to claim from HSBC as they are the ones who imposed them. Therefore you will need to do a S.A.R - (Subject Access Request) on HSBC using the template in the library. As the debt is over 6 years you may have difficulty but I've seen some postings on here which suggest the banks have info for much longer than they are letting on... so do press this issue if you think its worth pursuing.

 

If you are claiming charges the debt is in dispute and they can not chase you for the debt.

 

I know this is probably a lot to take in at once and do ask if you're unsure about anything. To summarise the suggested points of action are:

 

Do a CCA request on your DCA

Do a SAR on HSBC

 

But do consider if you feel these are the right actions for you.

 

Hope this helps

 

Zoot

[bp]

Very much appreciated Zoot. I feel so stupid that I've allowed my financial situation to become so bad but at least now, i know something can be done about it.

 

By the way, did you really mean a pound for the fee? Or did you miss a zero.

[zootscoot]

Don't feel stupid ... its how the banks want you to feel and if the debt is largely made up of charges you are not fully responsible for the situation. It really makes me mad the way how banks feel they can punish people for things that are very often beyond their control and then make them feel guilty. The reality is the banks do not have the power to punish people for not having money... they think this is their right but they are not the elected government and have no authority to enforce penalties.

 

Rant over!

 

Yes the fee for this is a just one pound!

 

All the best

 

Zoot

[bp]

Well, tomorrow will be the 12th day and still nothing. But they have cashed my cheque so i'll just have to wait and see.

[zootscoot]

No news is good news.

[bp]

Nothing through the post today. In some strange way, I'm hoping they send me the info since i can't remember my HSBC account number so don't think i can send SAR. can i still send an SAR with just my old address?

[zootscoot]

Provided you send them enough info to identify you such as name, address, date of birth, rough times of when account was ineffect it should be alright.

[bp]

Still waiting for the info to arrive from Lowell Financial. Not sure what they are playing at. Is it just scare tactics or is it really a case of the left arm not knowing what the right arm is doing? I've received a letter from their solicitors (Hamptons Legal) asking for payment and threatening to take me to court where they would add interest on the debt. I must contact them within seven days or else. Do i write to them directly or do i contact Lowell Financial or do nothing at all ant wait for them to take me to court and show that they did not provide me with the credit agreement.

 

Any help appreciated.

[zootscoot]

I would write a letter send a copy to Lowell Financial and also a copy to Hampton's legal stating that as you have requested the documents in the prescribed manner and paid the statutory fee they are in default of s. 78 CCA 1974. This renders the agreement unenforceable whilst their default continues under s.127.

 

If they take you to court under the present law their failure to supply documents means that they can not enforce the agreement. If they come up with the documents, however, they will be able to enforce the debt. So we might need to look at the Limitation angle just in case. Can you just relate when you made your last payment and when was the last time you were contacted about this debt prior to the more recent correspondence?

 

Zoot

[bp]

Not sure it must be at least since 2001. If it wasn't over the statue barred period, would it not show on my credit file? or is my assumption wrong?

 

By the way Zootcoot, how come there are so many of you with names beginning with Zoo? Whats so special about it? (i wasn't born in this this country so i claim ignorance).

[zootscoot]

It may be on your credit file if it was within the 6 yrs... If I recall correctly it was there at one point but then disappeared. Which suggests it is time barred.

 

Have you had anything back from the SAR yet? This should reveal the last point of contact.

 

Have you sent your response to the solicitors yet? If not it may be worth adding something about it being time barred. There is a letter in the above link which I'm sure no one will mind if you nick.

 

By the way Zootcoot, how come there are so many of you with names beginning with Zoo? Whats so special about it?

 

A zoo is a place where animals such as monkeys, elephants, lions and tigers are on display to the public. My name has nothing to do with those it is zoot as it rhymes with scoot as in scooter.... which is my other passion in life!

 

(i wasn't born in this this country so i claim ignorance).

 

Where are you from?

[bp]

Hi zoo-sorry zoot.

 

I haven't heard anything on SAR too soon i think. Only sent it a few days ago.

 

I've already sent the letters.

 

And yes, i do know what a zoo is. I said I wasn't from this country, i didn't say i was thick. Just wondered if there more to it then the obvious since there are a few of you(zootcoot, zooman and 00something zoot-or is it coot?) Anyway, thanks the info, it made me laugh!

 

I'm from Gabon, the country where they've just discovered the cure or at least an effective treatment for drug abuse (well actually, An American went there, found the link, went back home, got himself a license and now, he has all rights and all he has to do is give my country 20% of what he earns!

 

PS thanks so much for all your help its much appreciated.

[bp]

Got a letter from Lowell Financial today, thanking me for the correspondence and stating that they have ordered the info i requested and will be in contact as soon as and that i shouldn't hesitate to contact them. Stalling tactic? Why wait nearly twenty days before replying?

 

Oh well, we shall wait and see.

[bp]

Two more letters have arrived. One from Lowell acknowledging the fact that they are aware i have contact Hamptons stating they cannot enforce debt till i get my info.

 

Second letter is from Hamptons stating they are disappointed i haven't contacted them to pay up and that they will take me to court if i don't call them to make an arrangement. I'm not even going to bother replying to that. I'll just wait for them to take me to court then I'll show just how incompetent they are!

[zootscoot]

StilL no sign of documents?

 

That is good news!

 

 

Zoot

[gbzstro]

It is important that you do not personally sign this letter. Simply type your name.

Why ??

[zootscoot]

There is a slim possibility they will try to forge your documents. Also do not send any id with your signature. You are not obliged to send id under the Act and there is no reason for them to request it.

[bp]

No response except letters asking for me to pay with their telephone numbers highlighted in red in the hope i call them.

[bp]

Still nothing from Lowell. They are well pass their 4 wks time frame. I've tried to find the next letter to send. Anyone knows where i can find this info? I'm not really interested in complaining to trading standards just want them to write off debt.

 

can anyone point me in the right direction please?

[bp]

Got a letter today threatening to take me to court withing 3 days unless i contact them. I'll wait and see.

[zootscoot]

Have you had any response to the SAR yet?

[bp]

No nothing from HSBC yet. It was received on 4th of this month.

 

As to Lowell, do i just let them get on with it and prepare for court? just how many times do have to ask for info? Are they just sending these letters in the hope they will scare me into paying?