Chased debt not in my name, SB'd - ***Discontinued***

[Acydman]

Ok I can't scan until tomorrow but here's a list of whats been sent:

 

 

1. Bank Standing Form signed and has the reference number for the account on it dated 11/11/98
   
2. Default Notice from 1997
   
3. Arrears Letter from 1995
   
4. The Standing order form again(!)
   
5. Sale of Your Debt Letter
   
6. Some statement looks freshly printed and not a copy from 1995-2004
   
7. Their own payment statement from 2004 to date.
   

Are they proving anything? obviously you need to see the scans, but I want a little bit of re-assurance that we can get this struck off or whatever the rules are.

[DonkeyB]

So they are saying payments were made constantly between 1995-2004?

[Acydman]

Looks that way but the report they have looks suspicious. All they have is a Standing Order mandate dated which proves nothing other than intent in my eyes - perhaps someone better qualified would tell me otherwise....

 

What grinds me is the letter I have from Davis Co stating no interest and they are totally disregarding it.

[DonkeyB]

Can we see some of this?

[Acydman]

Here are the documents - I would really appreciate prompt response as the court date was the 28th and I have heard nothing from the court ref my defence?

[unclebulgaria67]

So who was making these payments of £6.92, first by cheque and then by standing order ? Seems an odd amount to be agreed.

[Acydman]

It seems it was my wife's other half at the time, but the report is very strange as its looks like its straight off an excel sheet or something, does not have the usual header and footer you see on other statements. Anyone could have produced that document as far as I am concerned that's not proof of payment.

[DonkeyB]

It's the content that's important. Did he arrange the payment or did she?

 

There was a break in payment so someone must have reset the payment - who?

[unclebulgaria67]

It seems it was my wife's other half at the time, but the report is very strange as its looks like its straight off an excel sheet or something, does not have the usual header and footer you see on other statements. Anyone could have produced that document as far as I am concerned that's not proof of payment.

 

You really need some proper legal advice here.

 

I would suggest holding them to strict proof that anyone party to the contract made these payments for £6.92 during that period and contine to maintain the debt is statute barred. But I am not qualified to offer this advice and you need to take advice from a solicitor that deals with these issues on a regular basis. They may be able to make the arguments about the third party payment unconnected to the contract agreement not being binding on you, therefore the debt would be statute barred to you. Also they would know more about the law in regard to the interest being added.

 

My instinct is that if you do not obtain legal representation, you will struggle to get out of this.

[Acydman]

Ok I can clear my name but not my wife's which is still going to cause me an issue. I am better throwing in the towel and making a new payment arrangement with them?

[Acydman]

It looks like my wife made the arrangement with him at the same time and when he left she just continued to pay. She reset the payments when they assigned the debt and started charging interest again.

[unclebulgaria67]

It looks like my wife made the arrangement with him at the same time and when he left she just continued to pay. She reset the payments when they assigned the debt and started charging interest again.

 

If she made the payments or agreed to them being made, then as you were both on the original contract, then yes the debt would not be statute barred and it is just an argument about the interest.

 

It may just be worth seeing a solicitor who deals with these issues, for their opinion. Many will offer a free half hour consulation.

 

There may be issues we are overlooking, that a solicitor will spot.

[Acydman]

Ok had a letter from then stating that they have proven liability and they are going for summary judgement under CP24.

 

I need some urgent help on this basis.

[DonkeyB]

Er, what about the agreement? Have you been sent the signed agreement? Have you had a properly reconstituted copy that complies with Carey? You may owe money, but that does not mean it’s ‘proven’ or enforceable in court.

[DonkeyB]

Can you let us know what the letter says exactly?

[DonkeyB]

Have just looked back at the agreement... it had PPI on it. You should reclaim this. Did you claim on it ever when you got into financial difficulties? You can also claim compound interest on this at the same rate as they are trying to charge you, ie. 20% plus.

 

There are also considerable charges on the account that I believe are reclaimable.

[Acydman]

Is it not too late for PPI i thought the claim limitation was active in the last six years?

 

The letter simply states:

 

Your defence is confined solely to your allegation that the debt is statue barred and you will note from the statement of account enclosed with our correspondence 19th Sept that this claim is well within limitation.

 

We invite your therefore to voluntarily withdraw your defence filed and provide a realistic offer of repayment and attach a document that you may utilise for this purpose, failing which it it our intention to file for an application for a summary judgement pursuant to CPR 24 and seek that you be laible for the costs of the action.

[Feebee_71]

What about the fact (if I read this correctly) that the original agreement was with the OP's other half and their then (now ex) partner?

 

How can they chase the OP if s/he was never party to the original agreement? Surely it would be up to them to chase the partner and her ex?

 

Feebee_71

[Acydman]

She was party to the debt, they have removed me from it but I still need to defend it for her.

[DonkeyB]

Indeed, it’s not your debt. Had forgotten about that. However... as you are with her now, I suppose at some point you will have to deal with it.

 

However, the claim is NOT aimed at you, and that should make it an abuse of process. Is the claim made in joint names?

[Acydman]

It is - I have asked them to prove its me and they cant.

[DonkeyB]

Have they been to court to amend the claim?

[Acydman]

Nope they have not. I have asked them from proof and they cannot provide any - its irrelevant anyway it still affects my wife.

[unclebulgaria67]

Is the county court claim against your wife or you ? If it is against you and you were not party to the agreement at the time, it is highly relevant.

[DonkeyB]

Not sure about that.

 

Anyway, I reckon the £581.20 PPI charged in October 1995 with 26% interest more than wipes out the claim.