1st Credit - Old Debt

[janiswhyme2]

I am confused because I thought that to be statute barred it had to be over six years since a payment was made on the account and although the card was taken out in 2001, it has certainly not been as long as that since anything was paid on this alleged debt. I have to wait for the details from my SAR letter to HBOS and hopefully things will be a lot clearer then.

 

What do you think 1st Credit's next move might be?

[BRIGADIER2JCS]

Correct SB is 6 years it matters not

if the debt has fallen off CRA files after

6 years as all drop paid or not so it is an

indication of the age of the debt but not

always that it is SB

Probably a letter saying it has been passed

to Connaught Collections. and then to LCS

their pretend solicitors.

[janiswhyme2]

Thank you Brigadier. So do you think that this is S/B or not? DX seems to think so - that is why I am getting so confused here.

 

Once they write do you think I should make some kind of an offer or just ignore. The last thing in the world I need after trying so desperately to clean up my credit file is a CCJ.

[BRIGADIER2JCS]

Hi Janis, it is confusing I know.

A lot of people believe that because

a debt has dropped off their credit

file the debt will be SB it is an indicator

that this may be the case but that is all

that bit is, it is important to be very sure

that the debt is SB before making any

statement on it, because it will restart the

clock even if it's only a week or less to

the date a bebt actually becomes SB.

So you need to know the date of the

last payment or acknowledgment

in writing before taking any action.

You may need to contact the OC

to find out when the last payment

was, and also when and if you made

any payment to a DCA.

 

Brig.

[janiswhyme2]

Thank you Brigadier,

 

I have written to request the SAR from HBOS (they have acknowledged the letter) and am now witing to receive the required details from them.

[BRIGADIER2JCS]

Let us know what you get back.

Have a good weekend.

Brig.

[janiswhyme2]

You too Brigadier and as ever, thank you for all your help and advice here.

[janiswhyme2]

Hello again,

 

SAR letter has come this morning and I can see there that there are many charges for payment protection insurance and also some late charges. How can I proceed in claiming some of these back. Now have scanned the CCA also and am in the process of working out how to upload this.

[BRIGADIER2JCS]

Sounds like a payday

coming Janis:madgrin:

[dx100uk]

scan the required letters/agreements/sheets

as a picture file

remove all pers info inc barcodes etc using paint

but leave all figures and dates.

goto one of the many free online pdf converter websites

convert the image to pdf format.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

NB:you can set where it goes in the post by hitting insert inline.

the hit reply button

dx

[dx100uk]

as for the SAR stuff and using it:

 

1. Single Premium PPI Q&A Read Here

2. Reclaim mis-sold PPI Read Here

3. Reclaim Loan & Credit Card Charges Read Here

 

nicked from ims's sig!

 

dx

 

[janiswhyme2]

janiswhyme2.pdf

[janiswhyme2]

Okay - finally after a few false starts I have managed to post the CCA. Is there any rellevance in there not being any terms and conditions with it? Is this enough for them to instigate court proceedings?

[dx100uk]

you're not really bothered about the CCA

 

you need to do your SOC [spreadsheet of charges]

 

dx

[janiswhyme2]

I am bothered about the CAA DX. Now am wondering what the next move for 1st Credit will be and if court proceedings will commence soon?

 

Yes, will get onto sorting out costs etc. from the SAR over the weekend - hopefully it will be a decent return as I feel it is most likely that these can be used to pay back some of the alleged debt to 1st Credit - really cannot see that will not be the case TBH.

[dx100uk]

post 100 applies.

 

get reclaiming.

 

dx

[Bazooka Boo]

There won't be any court, if that is all these fools have to show they will get laughed out of it! Who do they think they are trying to kid??

[janiswhyme2]

I do hope most sincerely you are right Boo, I have been worrying myself silly over this for ages now.

 

What else should they have had with the CAA? I have only put up the agreement here - there were a couple of other pages where they ran security checks on my at work, details of calls verifying my address etc. but interestingly no details of terms and agreements signed for when I took out this credit card way back in 2001.

 

What do you think that their next move now will be? I will be adding up all the details of money I can claim back this afternoon. Late payments and charges can also be claimed for as well as PPI? Thank you as ever.

[dx100uk]

to take you to court they'd need an noa

you cant get one on an sb'ed debt!

an sb'ed debt does not show on your cra

the judge would laugh them out the door

 

get reclaiming to the oc and win win win.

 

you've been had, endoff, get your own back!

 

get angry not worried!

 

dx

[BRIGADIER2JCS]

DX and Boo are right Janis

get YOUR money back:madgrin:

[BRIGADIER2JCS]

DX and Boo are right Janis

get YOUR money back:madgrin:

[janiswhyme2]

So you don't think I have anything to worry about then gentlemen? What exactly is a NOA please DX?

[BRIGADIER2JCS]

NOTICE OF ASSIGNMENT of the

debt from the creditor to the DCA.

Brig.

Yes I think Boo and DX are right.

[janiswhyme2]

Thank you for that Brig. The thing is that I know that it has been only five years since my last payment to the previous debt recovery company so what are the circumstances in which this debt would be statute barred? How would they go about geting a NOA on a debt if it is not actually statute barred? As I say, this debt is definately not showing in any form on my credit file - something I checked only this afternoon.

 

Should I now write to 1st Credit and say that the debt is statute barred?

[BRIGADIER2JCS]

Quite often the new DCA is not

informed of payments made to

a debt that has been sold again

so Boo and DX think as I do that

1ST Credit are trying it on.

Exactly when was any payment

made to the other company?