Cap1 & CCA return

[zubo]

Any ideas where I can get the FOS communication?

 

I don't know whether to just leave it and see what happens in the future. The only I'm worried about is that they might then say - well, you had the agreement before and never mentioned it, so you must have been ok to pay!

 

What would you suggest? should I write back a nice letter saying I don't think it's enforcable and see what they say?

 

Un1

 

now I am confused. These are two seperate issues so keep focus on that:

 

Your Credit Card CCA request has not been satisfied. As I understand it, you are now the same as a number of others - in a Mexican standoff - there is an unexecuted agreement, they are in default on S78 - send them a polite letter (I have posted this that many times I think I am going to put up a new thread for us all, so folk can grab and hack what they want) telling them the consequences.

 

Then add another paragraph thanking them for reconsidering and allowing you to retain your current account facilities. This no doubt is a sensible decision based upon the recent FOS rulings. (or whoever it was).

 

Z

[un1boy]

Un1

 

now I am confused. These are two seperate issues so keep focus on that:

 

Your Credit Card CCA request has not been satisfied. As I understand it, you are now the same as a number of others - in a Mexican standoff - there is an unexecuted agreement, they are in default on S78 - send them a polite letter (I have posted this that many times I think I am going to put up a new thread for us all, so folk can grab and hack what they want) telling them the consequences.

 

Then add another paragraph thanking them for reconsidering and allowing you to retain your current account facilities. This no doubt is a sensible decision based upon the recent FOS rulings. (or whoever it was).

 

Z

 

Cool, was gonna do that and you have reassured me!!

 

Thanks!

[bfb]

Section 85 True Copies - see the exceptions in the regulations

 

right to assign often says that the lender has the right to assign their "rights" they do not have the right to retain illicitly obtained funds and therefore cannot assign that

[Peterbard]

Hi

 

You can SAR any organisation that may hold your data.

 

Re: your old judgement -

 

Limitations Act 1980

 

24 Time limit for actions to enforce judgments

 

(1) An action shall not be brought upon any judgment after the expiration of six years from the date on which the judgment became enforceable.

 

(2) No arrears of interest in respect of any judgment debt shall be recovered after the expiration of six years from the date on which the interest became due.

 

I'm not sure if this is subject to the 'acknowledgement or part payment' rule though so this will need further research before you tell them to go jump!

 

Regards, Pam

HI Zubo

 

I am afraid if you have been paying £1 a month of the debt you cannot use the statute bar.

Also it cannot be used in conjunction with a ccj.

 

Int he normal course of affairs although the creditor is entitled to pursue a debt indefinately, he can only persue it through the courts within six years of the debt being taken out unless there is contact of any kind regarding the debt,( with the exeption of flatley refusing it exists,) which would start the clock running again.

 

 

Payplan do an excelent info sheet on this

 

 

Regards

 

Peter

[InKogneeToh]

HI Zubo

 

I am afraid if you have been paying £1 a month of the debt you cannot use the statute bar.

Also it cannot be used in conjunction with a ccj.

 

Int he normal course of affairs although the creditor is entitled to pursue a debt indefinately, he can only persue it through the courts within six years of the debt being taken out unless there is contact of any kind regarding the debt,( with the exeption of flatley refusing it exists,) which would start the clock running again.

 

 

Payplan do an excelent info sheet on this

 

 

Regards

 

Peter

 

Hi Peter

 

The section of the LA 1980 I have referred Zubo to is in relation to the enforcement by the creditor of any CCJ he already has, and is not about his 6 year time limit to chase the debt in the first place. That is a different section of the LA.

 

Regards, Pam

[InKogneeToh]

Hi

 

Okay, which one of you lot has decided to set up a business then? :D

 

Beating Banks With Bad Credit Agreements? - 30/03/2007

 

N.B - If you get to read the published quote on here from Wilson(yes, her again!) v Howard CA, don't get too excited!! -this is again a judgement based on the specific CCA rules about securities (pledges/pawns) having no effect if the agreement is unenforceable and is therefore not comparable with basic agreement situations.

 

Regards, Pam

[Peterbard]

Hi Peter

 

The section of the LA 1980 I have referred Zubo to is in relation to the enforcement by the creditor of any CCJ he already has, and is not about his 6 year time limit to chase the debt in the first place. That is a different section of the LA.

 

Regards, Pam

 

Hi Pam i was not aware that the statute of limitations act could be aplied to a debt post ccj.

 

I know the creditor may have to apply to the court to enforce after six years but i thought that was a different act.

 

Could you point me to the relevant section.

 

Best regards

 

Peter

[InKogneeToh]

Hi Peter

 

24 Time limit for actions to enforce judgments

 

(1) An action shall not be brought upon any judgment after the expiration of six years from the date on which the judgment became enforceable.

 

(2) No arrears of interest in respect of any judgment debt shall be recovered after the expiration of six years from the date on which the interest became due.

 

Regards, Pam

[Peterbard]

HI Pami

 

is this from the 1980 act?

 

IHave this

 

County Court Judgments

 

If the creditor has been to court and there is a County Court Judgment outstanding, then you cannot use the Limitation Act to dispute you owe the debt. It does not matter how many years ago the creditor went to court, the County Court Judgment will still exist. However, the creditor may not be able to enforce the Judgment without the court's permission if the Judgment is over six years old. Phone us for advice.

If you think the creditor has been to court and got a County Court Judgment against you after the debt is out of the six year limitation period, then you can ask the court to "set aside" or remove the County Court Judgment so you can put in a Limitation Act defence. We have a factsheet on "Setting Aside a Court Judgment in the County Court". Phone us for advice.

The debt may be unenforceable but it is still a legal debt and non-payment is likely to have been entered on your credit reference file. A default will stay on your credit file for 6 years. We have a factsheet on “credit reference agencies”. Phone us for advice

 

Regards

 

Peter

[InKogneeToh]

HI Pami

 

is this from the 1980 act?

 

 

Pami??? You gettin' fresh with me now Peter??

 

Yes, this is from the 1980 Act.

 

I have also seen the information you have posted up and confess I don't really understand why it says the creditor will have to/can apply to the court after 6 years. It seems at odds with the wording of the LA section.

 

I am also not sure if the 'fresh accrual upon part payment or acknowledgement' rule applies to this as it does with the 6 year action on a debt limitation.

 

Regards, Pam

[elsinore]

Pami??? You gettin' fresh with me now Peter??

 

 

It'll be a typo!

 

Els

[Peterbard]

Hi Pami wammi

 

Yes i have just found it in the act also.

 

Why would you bother having it put asside if it was unenforceable.

 

They seem to be contradictory.

 

Confused

 

Peter

[InKogneeToh]

It'll be a typo!

 

Els

 

Hi

 

Don't you believe it!!

 

Unless of course you're actually his missus (in disguise), in which case - YES, IT WAS DEFINITELY JUST A SIMPLE TYPO!!:eek:

[Peterbard]

HI I .

If an action is commenced to recover money and say three years latter a ccj is issued on the debt without the knowledge of the debtor then he cannot use the SOL six year rule to ovride the initial action. He would have to wait a further six years untill section 24 took effect. mmm

 

I canfind nothing else in the act that overide this;Section 29(7)

 

Subject to subsection (6) above, a current period of limitation may

be repeatedly extended under this section by further

acknowledgments or payments, but a right of action, once barred

by this Act, shall not be revived by any subsequent

acknowledgment or payment.

So the part payment rule must apply to CCJs?

 

Peter

[InKogneeToh]

Hi Pami wammi

 

Yes i have just found it in the act also.

 

Why would you bother having it put asside if it was unenforceable.

 

They seem to be contradictory.

 

Confused

 

Peter

 

Hi petee betee

 

Well I suppose it's only worth getting it set aside if it's still within the 6 years then.

 

Regards, Pam

[elsinore]

his missus?

 

I'll let Peter tell you!

 

Els

[Peterbard]

hi

Sorry to be a pain about this but this has come up a number of times on here and the percieved wisdom has always been as i quoted,(probably drawn from he same source) .Now thanks to the witch of eastwick it seems that we have been labouring under a false premise and the sol does apply to a ccj.

I am open to arguments please:o

 

Peter

[un1boy]

Now thanks to the witch of eastwick it

 

After that comment Peter, you may well have an argument!

[Guest The Terminator]

Hi

 

Okay, which one of you lot has decided to set up a business then? :D

 

Beating Banks With Bad Credit Agreements? - 30/03/2007

 

N.B - If you get to read the published quote on here from Wilson(yes, her again!) v Howard CA, don't get too excited!! -this is again a judgement based on the specific CCA rules about securities (pledges/pawns) having no effect if the agreement is unenforceable and is therefore not comparable with basic agreement situations.

 

Regards, Pam

 

Not Guilty

[InKogneeToh]

HI I .

If an action is commenced to recover money and say three years latter a ccj is issued on the debt without the knowledge of the debtor then he cannot use the SOL six year rule to ovride the initial action. He would have to wait a further six years untill section 24 took effect. mmm

 

It would appear so

 

I canfind nothing else in the act that overide this;Section 29(7)

 

Subject to subsection (6) above, a current period of limitation may

be repeatedly extended under this section by further

acknowledgments or payments, but a right of action, once barred

by this Act, shall not be revived by any subsequent

acknowledgment or payment.

So the part payment rule must apply to CCJs?

 

Again it would appear so!

 

Peter

 

Hi

 

This Act, like many others, is very confusing! I guess someone would have to actually try their luck under s24 and see what happens!

 

Regards, Pam

[Peterbard]

After that comment Peter, you may well have an argument!

 

Hope so uni

 

Otherwise it would mean she was correct and i would never hear the end of it.

 

 

Regards

 

Peter

[un1boy]

Hope so uni

 

Otherwise it would mean she was correct and i would never hear the end of it.

 

 

Regards

 

Peter

 

hehe!

[InKogneeToh]

hi

Sorry to be a pain about this but this has come up a number of times on here and the percieved wisdom has always been as i quoted,(probably drawn from he same source) .Now thanks to the witch of eastwick it seems that we have been labouring under a false premise and the sol does apply to a ccj.

I am open to arguments please:o

 

Peter

 

PINS!

[zubo]

Guys

 

Need your help on a new thread I just setup

 

http://www.consumeractiongroup.co.uk/forum/other-institutions/79147-consumer-credit-act-resources.html#post698254

 

comments/ suggestions/changes here please, then I will edit the intro

 

Tam sorry to jump into this thread

 

Z

[zubo]

Guys

 

Need your help on a new thread I just setup

 

http://www.consumeractiongroup.co.uk/forum/other-institutions/79147-consumer-credit-act-resources.html#post698254

 

comments/ suggestions/changes here please, then I will edit the intro

 

Tam sorry to jump into this thread

 

Z

 

|Err the thread with four posts has vanished, tried asking for info from admin, no response as yet.

 

I am guessing that mods didnt like how I wanted to use the thread...

wish they would just say so...

 

Z