help with red/lowell/hamptons debt

[citizenB]

Hi,

 

Your thread is a little "muddled" shall we say..

 

If I understand your query..

 

You had a contract with Tmobile - as far as you are concerned this was paid.

 

Can you remember how long ago it was that you did pay this ?

 

You are now saying that they are pursuing a CCJ ? Have they actually issued a court claim if so when. Or does the communication simply advise that they will seeking a County Court Judgment against you ?

[citizenB]

Follow 42man's advice and send off the SAR request.

 

If they do issue a claim.. then come back and let us know immediately.

 

Sorry, I probably messed up with the company.. is it 3 mobile or T mobile.. you had a £ sign.. I just assumed it was meant to be a T.

 

[citizenB]

I haven't as I don't know what it is. Money's a bit tight even for £10, though if you think that it'll help then it may be worth me checking down the back of the sofa for some change to get one.

 

 

It is a request for information... all the data that the company has on you (the orignal creditor). If you are unable to afford this.. then you could simply wait until they make their next move or even issue a claim.. when you would then be able to ask them to provide information regarding the last payment. However, at that stage, you will be required to send all communication by way of Recorded/Special delivery in order to meet court deadlines and of course proving that it was sent and received.

 

If you truly believe the account could be statute barred by way of non payment/admittance of liability for more than 6 years, then send the "Statute Barred" letter from the CAG library and let them prove otherwise.

 

HTH

[citizenB]

Ok, cheers. I wasn't aware of the statute barred(?) thingy. Does that basically mean that if it was paid (which it was) and I refuse to admit that I owe any more (which I do) for 6 years then the debt becomes in effect null and void? If it does then it would be wise to find out the exact date of the payment?

 

 

Correct .. sort of.

 

The debt still exists, but by virtue of the statute of limitations, it is uncollectable.

 

 

Many DCAs will argue that limitation accrues from the time when the "default notice" is issued. It does not. Limitation clock starts ticking from when the payment is due and not paid not when they send a default notice.

 

We see often that CRA entries will date 5 or 6 months ahead of when the payment was missed.

 

People need to be sure that they aren’t being hoodwinked and that the DCA is extending limitation so they can sue when they are not allowed to.

Therefore it is important to know the date of the last payment.. then you start counting from the next month when the payment was missed/not made.

[citizenB]

So would the original default date (plus 1 month), be what I go from for the statute barred or the update?

 

 

No, from the first missed payment date. See post 13 above.

[citizenB]

This is just one reason why you shouldnt give a copy of your signature..

 

http://www.guardian.co.uk/money/2011/dec/09/natwest-admits-signature-forgery

 

If it ever becomes absolutely necessary, then you should sign over a grid of "XXXX"

 

or you can purchase signguard from CAG.

Edited April 15, 2012 by citizenB

[citizenB]

How would you feel if you discovered your high street bank had forged your signature on a document? It sounds fanciful, or even in the realms of conspiracy theory, but this is the situation Phil Morley has found himself in – and it's not just him claiming he's been the victim of foul play.

 

NatWest has admitted, in writing, that its own handwriting specialist "has confirmed they believe Mr Morley's signature was forged".

 

Guardian Money has seen a copy of a letter from the state-owned bank, in which it says that "no one [at the branch] has admitted to forging the signature," but "internal action" has been taken against a member of staff involved with the case. The bank has apologised "for any upset". But is an apology enough?

 

http://www.guardian.co.uk/money/2011/dec/09/natwest-admits-signature-forgery

 

try it now..

[citizenB]

The longer you leave requesting the data, the more chance you have of losing out on information that is important. A lot of companies either do, or say they do, destroy information on a 6 year rolling basis.