Debt Collector thinks can stop Debt becoming SB

[renegadeimp]

SB starts from the last date of payment or written acknowledgement to the debt. Whichever is the later

[tamarindo]

If a court claim is issued before the SB date, then the SB date stops. Court action will always overrule SB, unless SB came first.

 

 

~I believe you it is only I can find it in the act that is all!! thanks

[havinastella]

SB starts from the last date of payment or written acknowledgement to the debt. Whichever is the later

 

As posted above, not strictly true.

[BRIGADIER2JCS]

Are you referring to the BMW case where it was judged that the limitation period started when the creditor has the right to recall the total amount owed forthwith.

 

The definition recognised generally is: Statute Barred (payments) the limitation period starts from the date that a contractual payment was due and not made after which no further payment was ever made.

 

Statute Barred (acknowledgment) acknowledgment is made by the debtor or (his agent) making an unequivocal written admission that a liability subsists.

 

Relevant contact during the 'limitation' period is generally the issue of proceedings CC claim, stat demand, general debt collection letters and demands from the creditor for payment are not considered relevant contact. (OFT)

[lookinforinfo]

Please stop worrying whether the debt is S/B or not.

They are trying to scare you into paying. I doubt that they would take you to Court anyway since you have a stonewall defence without the account being S/B.

 

 

The original creditor would have taken you to Court by now if they thought they would win. You have all the paperwork to show that they didn't comply with the regulations relating to the issue of

credit cards.

 

In addition they cannot get a decision from the Court as they have failed several times apparently to comply with your CCA requests.

[tamarindo]

As posted above, not strictly true.

 

when the first payment is missed even if it is after the last payment date or written acknowledgement??

is it in the act??

[BRIGADIER2JCS]

Protocols. amendments etc., there innumerable the information you have been given is FACT.

[havinastella]

Hi Brig, yes it was BMW.

 

Just trying to point out that SOME judges take a different stance

[BRIGADIER2JCS]

Please stop worrying whether the debt is S/B or not.

They are trying to scare you into paying. I doubt that they would take you to Court anyway since you have a stonewall defence without the account being S/B.

 

 

The original creditor would have taken you to Court by now if they thought they would win. You have all the paperwork to show that they didn't comply with the regulations relating to the issue of

credit cards.

 

In addition they cannot get a decision from the Court as they have failed several times apparently to comply with your CCA requests.

 

Issuing a claim is enough to stop the clock e.g. relevant contact as per OFT Guidance 2003/2006.

[citizenB]

havinastella, I think that was specific to Hire Purchase agreements.

 

tamarindo has been provided with the information.. which simply put is as follows..

 

 

 

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. (eg the first missed payment)

 

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.

 

 

tamarindo, if the creditor issues a claim AFTER the SB date then you would simply enter a defence pointing out that they have no claim as it is covered by the limitation act. If it comes to that, then we can give you the exact wording.

[tamarindo]

Issuing a claim is enough to stop the clock e.g. relevant contact as per OFT Guidance 2003/2006.

 

I believe you it is only that if it is easy why don't they always do that !!!

Unless they got high risks of losing the case if the debt is unenforceable , i.e court costs, etc, in my case according to the legislation the DN IS INVALID AND I HAVE SEEN CASE WERE THE PROCEEDINGS WERE DISCONTINUED BECAUSE OF THIS FACT,

AND ALSO THE AGREEMENT IS UNENFORCEABLE !!

[BRIGADIER2JCS]

:madgrin:Ohhh I hope that settles it

[BRIGADIER2JCS]

I believe you it is only that if it is easy why don't they always do that !!!

Unless they got high risks of losing the case if the debt is unenforceable , i.e court costs, etc, in my case according to the legislation the DN IS INVALID AND I HAVE SEEN CASE WERE THE PROCEEDINGS WERE DISCONTINUED BECAUSE OF THIS FACT,

AND ALSO THE AGREEMENT IS UNENFORCEABLE !!

 

It seems you have more data being released after advice has been given,

 

ALL cases are different one cannot assume because A happened in case B that it will be the same in Case C.

[tamarindo]

Hi

 

Now I have not issue a CCA REQUEST TO THE NEW creditor [ONLY PREVIOUS CREDITOR AND AGENTS] yet so will that help??

 

i.e if they reply with a CCA AFTER THE DEBT BECOMES statute barred and no court proceedings are issued during that time

hence does the debt becomes statute barred then!!

[tamarindo]

It seems you have more data being released after advice has been given,

 

ALL cases are different one cannot assume because A happened in case B that it will be the same in Case C.

 

surely if the DN IS INVALID , that 's it , it is in the act how can they overrule that??

PT TOLD ME ONCE INVALID DN IS A DEFENSE IN ITSELF AND THE FACT THE THEY SOLD THE DEBT ON THE BACKOF AN INVALID DN , it will not stand the notice of assigment !! in court , it is illegal !!

[BRIGADIER2JCS]

Yes as explained in all the previous posts, the CCA request is irrelevant then.

In England & Wales a statute barred debt still exists and remains collectable but not enforceable through court action.

The OFT Guidance on Debt Collection 2003 2006 updated Nov 2012 states.

 

The OFT considers that it is unfair to press for payment (of an SB debt) once the debtor has informed the creditor (or DCA) in writing of the status of the debt, and that they will not be paying, to do so may amount to harassment.

[BRIGADIER2JCS]

A court can and often will allow a creditor to serve a new compliant DN, who or what is PT? Nothing illegal there possibly unlawful but only possible all down to a judge.

[lookinforinfo]

Issuing a claim is enough to stop the clock e.g. relevant contact as per OFT Guidance 2003/2006.

 

Yes I know that.

My points were that because of the failures to comply with the Consumer Credit Act in the past, the case would be thrown out of Court regardless of S/B possibilities.

[tamarindo]

A court can and often will allow a creditor to serve a new compliant DN, who or what is PT? Nothing illegal there possibly unlawful but only possible all down to a judge.

 

PT2537 DID SHOW ME various cases where the DN WAS INVALID AND CANNOT BE RE ISSUED IN COURT BECAUSE EVERYTHING WOULD HAVE TO BE DEALT WITH AND COURT WILL NOT ALLOW IT, DEBT SOLD ON THE BACK OF

INVALID DN IS , MAKES ILLEGAL NOTICE O F ASSIGMENT and illegal termination of contract ,, there are various cases in the site

[BRIGADIER2JCS]

As said ALL cases are different one cannot assume that any previous finding in a lower court will influence any other case.

[BRIGADIER2JCS]

I see some 15 post here 2007b/2009 and...............??

[ims21]

You need to be aware that any court claim that you encounter will be in a county court. You will be at the mercy of the judge lottery.

 

We know very well who PT is.

 

You have the info about SB. You say it is only a few days until SB.

 

If it were me I would be sitting on my hands.

 

I would not rely solely on a faulty DN to get you of of this.

 

If they do not issue a claim before the SB date then you have an absolute defence.

[BRIGADIER2JCS]

damm wrong key,, seagulls

 

You may then wish to seek the 'specialist lawyers' advice.

[tamarindo]

I see some 15 post here 2007b/2009 and...............??

 

ok if can tell me where I could find them please??

[BRIGADIER2JCS]

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