Hoist/? Claimform 2008 abbey credit card 'debt'

[dx100uk]

don't waste your time

we've all see the threat-o-grams before

 

dx

[Feelingdownandout]

you are right

 

you have probably seen them all before,

 

just waiting for the next one to arrive.

 

By reading some of the other threads about CSL hubby is expecting a pink letter to drop anyday now,

 

as they have written given us the last chance.

 

Wil it ever end.

 

We have the task of going through the sar this weekend,

 

when it arrived it was terrible with NO notice of Default not to mention no letters of assignment,

 

so would have to presume that this account is still with santander and has not been sold on?

 

fdao

xx

[dx100uk]

they don't HAVE to send any physical paper copy

all that has to be shown is that they was probably sent

i'e a log from an automated system

 

dx

[Feelingdownandout]

well that makes us feel just great,

 

this account had been passed from pillar to post and by what you are saying

Santander only have to show a log?

 

whats the point in sendig a SAR?

 

if they dont have to provide anything?

 

despite all the letters we have written?

 

may aswell just wait for the cout papers, begnning to feel hopeless.

Edited January 15, 2011 by Feelingdownandout
typo

[dx100uk]

to be honest this has been going on since june last year and nowt has actually happened.

 

you have got to accept you are on a phishing list

 

its time to totally ignore everyone now

 

if they were going to court they'ed have done it by now.

 

dx

[AndyOrch]

Would this not be more appropriate in the DC forum DX considering theres not even litigation yet?

 

 

Andy

[dx100uk]

yes

i think it came from another thread that was already in legal

 

moved to DCA general.

 

dx

[citizenB]

Have 1st Credit advised you that they are now the owner of the account ?

 

In 2009 1st Credit were censured by the OFT for pretty much what they are doing today lol. Apparently they were to report back to the OFT every 6 months .. in respect of those people they had threatened with Court action/bankruptcy and how many they had actually taken to court and got judgments against.

 

I havent read through your thread so can you please give us a summary of what has happened to date, please .

[Feelingdownandout]

Hi CitB I

 

n summary acct was with Abbey (now santander),

was passed to 1st credit

then to connaught,

then to wescot,

 

not to mention Howard Cohen

 

now to CSL.

 

have sent CCA but was sent recon T&C's, sent prove it letter to Wescot

 

who put account on hold for a week then passed to someone else for chasing,

 

had sar back which was poor to day in the least,

 

now getting threatening letters from CSL which have us worried,

 

debt is for approx £1900,

 

CSL sent a part settlement offer offering £300 off if paid by todays date,

 

which of course we have to pay (not).

 

in a nutshell thats it. sad really arent we.

[citizenB]

its approx £1980.00 and yes Ithink its been defaulted by abbey. no CCA as yet, just been avoiding it, and offered £50 per month and they refused unless he made a down payment of £400.00, 1st Credit then sent it to Connaught, which I have found out is the same company, and I have avoided them to be honest. The last letter was saying that they were preparing court papers, so god knows what comes next.

 

I see this thread first started in June 2010 and as dx has said.. although you have been threatened with court many times, this hasnt happened. It begs the question why. So I looked back over your thread and noticed you had made an offer of repayment and it was refused.

 

I guess if you want to, you could respond to whoever, advising that you had made an offer to repay £X amount which was refused.. Therefore if the company wishes to issue a claim then you will bring this to the attention of the court.

[Feelingdownandout]

well he has had the pink letter with a discounted offer on it,

 

saying pay by 20th Or else,

 

what we dont quite get is why the SAR was so bad,

 

but as DX said they dont have to send it as long as they can prove it was issued thats the bit that gets us down.

 

We are beginning to question if the best thing is to offer again a monthly sum and see where it goes?

 

who knows.

[Bigdebtor]

FDAO

 

Your link from the other thread worked! I really don't know why you're still panicking - or were made more worried by Diddydicky's thread.

 

As everyone who has any sense has told you - RELAX! STOP WORRYING! THE DCA's can do NOTHING on their own. Pay NOTHING on this until you have a copy of an enforceable CCA - which is unlikely to happen now, otherwise it would have been sent.

 

Any "guest" DCA reading this will be DELIGHTED their efforts are having the desired effect on you. They are very good at psycholigal warfare - but hopeless at legal warfare. CSL are toothless and 1st crud have been given their final warning and could lose their licence.

 

If you really don't just want to have some peace and quiet and get on with the rest of your life and ignore them, then send a letter threatening to report them to OFT, FOS etc. It only takes a couple of minutes of your life to read every letter they send - but a lot longer if you reply and keep worrying - SO DON'T REPLY AND STOP WORRYING!

 

You will be left in NO DOUBT if/when (but when is NEVER) you get a SERIOUS "pay up or we'll sue you" warning. Only the OC can sue you unless they've sold the debt - again you'll be left in no doubt if it's sold - and the new owner will try for ages to avoid court action too.

 

I first got into real money trouble in 2003 - then took until 2007 to get any of them sorted out - lots of threats in the intervening time but NO COURT ACTION. I'm still in dispute with several OC's - but 7 years later - still no court action!

 

I don't think I've been lucky - just typical.

 

BD

Edited January 21, 2011 by Bigdebtor

[Feelingdownandout]

BD thank you

 

and thank you to all who post to reassure me and my hubby.

 

 

xx

[dx100uk]

time to ignore everyone

 

dx

[Feelingdownandout]

xx

[Feelingdownandout]

hello one and all, just an little update, we had another letter from Wescot telling us to pay up or else........

 

xx

[Bigdebtor]

Looks like it took them nearly 3 months to compose it - I wonder what else they've been doing with their time?

 

Keep taking the ignoring tablets until the pains go away!

 

BD

[Feelingdownandout]

hmmm, it will come to a head a some point, just waiting for it!

[Bigdebtor]

Don't let their tactics get to you. That's what they want!

 

I have been getting these sort of letters since before 2005 - and no one has yet issued court papers. All letters I have got only said we MAY take Court action - none have ever said we WILL.

 

Have you read up on PriortyOne's CPUTR 2008 thread? Some comforting reading (and good ammo) on there.

 

BD

[Feelingdownandout]

well another letter has arrived this morning

 

giving 10 days to pay the debt and stating that we must contact them within 7 days,

 

big red letters telling us not to ignore this letter in the same way as he have previous letters.

 

I knew it would start up again.

 

No I havent read that thread,

 

I will take a trip over to that thread at lunchtime and read in quiet, hopefully I will get some comfort.

 

fdao

 

xx

 

Have spent my lunch reading through some of the posts on P1's, and

 

on further reflection am beginning to feel down about this whole situation.

 

Just want it to be resolved and cant see myself finding £1800 out of nowhere,

 

Santander wont acknowledge us or any of the letters we have written,

 

the letters will continue,

 

perhaps we should just ring Wescot and tell them what we will pay and have done with it.

 

If we lose our home or if they petition for my hubby bankruptcy then so be it,

 

not sure what will happen after that,

 

suppose the Council will have to home us.

[Bigdebtor]

FDAO

 

That's EXACTLY how they want you to feel!

 

You're a LONG way from any of that happening. read some other related threads and then see what other ammo you can use. CPUTR 2008 is VERY powerful.

 

Remember too it's NEVER too late to offer a 50% F&F - but it CAN be too early - like NOW is FAR TOO EARLY!

 

EVEN IF they took you to court - and you lost - any judge will give you time to pay at monthly rates you CAN afford. You will NOT lose your house on an unsecured debt as "small" as this one!

 

BD

[Feelingdownandout]

Hi Everyone

 

Its been some time since I have posted. Life has most certainly moved on.

 

I do have a question today though, which has been prompted by a lovely letter from a debt collection agency (no surprise there).

 

I wondered if someone could explain to me what stature barred means and how it applies.

i.e. at which point does it apply.

 

 

Is it the last time i made a payment, or the last time the credit company contacted me?

 

I have never understood how it worked and what it meant, so any advice would be helpful.

 

Thank you FDAO

[dx100uk]

tell us about the debt first please

 

 

dx

[havinastella]

It would be from the cause of action. This would normally be 1 month after your last payment.

 

If you have made no payment for 6 years (5 in Scotland) or Acknowledgement of the debt, it becomes Stat Barred. It does not matter if they contact you (except for a CCJ)

 

Stat barred means the debt is still live, but once you tell them to FO, they have to stop chasing. In Scotland the debt is dead.

 

Your last payment may well be different from the defaulted date, the default date could be 6months later than your last payment.

[Feelingdownandout]

It would be from the cause of action. This would normally be 1 month after your last payment.

 

If you have made no payment for 6 years (5 in Scotland) or Acknowledgement of the debt, it becomes Stat Barred. It does not matter if they contact you (except for a CCJ)

 

Stat barred means the debt is still live, but once you tell them to FO, they have to stop chasing. In Scotland the debt is dead.

 

Your last payment may well be different from the defaulted date, the default date could be 6months later than your last payment.

 

So what about correpondence that I have received? as in statements etc?