Halifax reposession in 1999

[firstship]

Do not phone Halifax,a simple letter to their Data Officer,MY REQUEST WAS QUITE CLEAR I REQUIRE ALL DATA THAT YOU HOLD CONCERNING THE ACCOUNT AND ITS FULL HISTORY ,....................FS

[centosboy]

Thanks firstship. Yours and priority ones advice has been excellent so far.

[centosboy]

Hi All.

 

I have received the SAR.....loads of info in regarding letters sent to me and print outs of the database with traces etc etc.

There is even a database log print out that says

Default: Wilful Refusal to Pay...!!

There is actually no default notice though, but just this log print out.

What else should i be looking for?

DOP date for the default is 27/11/1997

There is even a log that says the debt was written off in 12/12/00 - reason: Uneconomical to continue.

Really confused now

Edited June 7, 2010 by centosboy

[centosboy]

I have also since found out that the reposession was actually in 1997....

Quite hard to make sense of it all as they have mainly sent me print outs of the database logs, but not all the letters that were sent out to match those logs.

I understand some of the letters sent out are automatically generated, and these are the ones that i do not have hard copies of.

[shock222]

I have also since found out that the reposession was actually in 1997....

Quite hard to make sense of it all as they have mainly sent me print outs of the database logs, but not all the letters that were sent out to match those logs.

I understand some of the letters sent out are automatically generated, and these are the ones that i do not have hard copies of.

its game over statute barred :grin:

[PriorityOne]

its game over statute barred :grin:

 

Yep... it would seem so... ;-)

[Ell-enn]

In which case Shoosmiths will already know that it is statute barred - you should ignore any further communication you get regarding this.

 

If they threaten they will take the matter further, you can then write and tell them that the account is stature barred as they very well know.

[centosboy]

Do i have any other ammunition apart from the stat barred thingy?

What about the printout that says the debt had been written off and archived in 2000? I found that a bit odd....and why were all these agencies after me if the debt had been written off? It turns out that these agencies were sending letters to addresses that i had lived in previously...

[PriorityOne]

Do i have any other ammunition apart from the stat barred thingy?

What about the printout that says the debt had been written off and archived in 2000? I found that a bit odd....and why were all these agencies after me if the debt had been written off? It turns out that these agencies were sending letters to addresses that i had lived in previously...

 

They were probably trying to get you to make contact before it became stat. barred. Personally, I would count this one as a success and let the other stuff go.... it's not uncommon for debts to be shown as "written off" for accounting purposes, yet still get passed to other departments or sold off for peanuts to DCAs as bad debt...

[centosboy]

Ok, thanks everyone- especially priorityone

Will let you know what happens next - when it happens...

[PriorityOne]

Ok, thanks everyone- especially priorityone

Will let you know what happens next - when it happens...

 

You're welcome....

[centosboy]

Oh - one more thing...one of the print outs of the database log has a tick box that says outside limitation period. I assume this rubber stamps the case??

Sorry if i am sounding dumb - but i just want to be 100% before i reply back to shoosmiths

[PriorityOne]

The fact remains that it's down to Shoosmiths to prove that an account is not stat. barred...

 

I would write back and say....

 

I do not acknowledge any debt to your company and/or to any company you claim to represent.

 

According to information received in my SAR to Halifax, this account is statute barred and as such, any instructions from Halifax to begin harrassing me for payment are contary to the law. In light of the information I now have in my possession, any further unsubstantiated demands for money will now be reported to the Solicitors Regulatory Authority and any other official body as I see fit and without further notice.

 

I trust that this now clarifies the situation and look forward to your written confirmation that this matter is now closed and that your files have been destroyed.

 

Somthing like that.... by rec. delivery.... Don't give them any information; it's up to them to have it before harrassing you for money in the first place.

 

[centosboy]

Apparently there are many cases that the court has ruled that limitation period starts from the sale date?

[PriorityOne]

Apparently there are many cases that the court has ruled that limitation period starts from the sale date?

 

They are wrong.... and if that's happened to people, they need to appeal it.

 

As a firm of sols., Shoosmiths should know this, but a lot of companies bank on consumer ignorance in matters like this.. It's actually from the date of default and not the repossession date.... which should make your account even more stat. barred than it is.

 

[centosboy]

They are wrong.... and if that's happened to people, they need to appeal it.

 

As a firm of sols., Shoosmiths should know this, but a lot of companies bank on consumer ignorance in matters like this.. It's actually from the date of default and not the repossession date.... which should make your account even more stat. barred than it is.

 

 

 

Are there any recent threads that you know of where someone has used limitations act as their defence and have won?

[PriorityOne]

None of the stat. barred repo account threads that I've come across have even got that far. The only time I've heard of this happening is when creditors have taken advantage of consumer ignorance...

[centosboy]

Just a quick update.....I took all the documentation to a legal centre for scrutinisation, but they could not really get a clear picture from the documentation sent by Halifax. They wrote to shoosmiths requesting more detail, who in turn wrote to Halifax. This was in June and august last year, but no response. The legal centre has written to shoosmiths again earlier this month. They are requesting valuations etc....all the things Halifax should have sent me, but didn't. Now I wait........

[centosboy]

Im still waiting. The legal centre has closed the case (mid last year) and advised me to contact them if i hear anything from halifax or shoosmiths as they have not as yet.....

[centosboy]

29 October 2014:

 

The client (Halifax) requested that the solicitor close and return the file as the case was statute barred. Yah!!

[centosboy]

Donation to the forum at the month end

[unclebulgaria67]

Thanks for the update.

 

Your case will interest another Cagger who is being chased, so will let them know.

[Ell-enn]

Donation to the forum at the month end

 

That's great, thanks for letting us know.

 

And thank you for your offer of a donation - it will be very much appreciated

[centosboy]

I have made a donation as promised. This was by paypal from 'Home Internet Marketer'

[Ell-enn]

Many thanks, much appreciated.