defaults and what to do regarding them and statute barred info required.

[MikeyT]

Hi, I'm new to this and hope I have posted in the correct place

 

I need some advice regarding some old debts I have if anyone can advise me please.

 

Recently I had a break down in a long term relationship

and now have got myself in trouble with several recent debts

as I've been left a single father who has sole custody of my child.

 

I am only able to work part time and have been in contact with pay plan to try and get my new debts sorted.

 

I was silly in my younger years and managed to obtain 2 defaults on my credit file.

 

I have

 

1 debt with capital one

Balance £371

Default balance £506

Account start date 02/05/2008

Default date 27/11/2009.

Credit limit £200

and

 

another with Cabot financial services

Opening balance £548

Default balance £548

todays balance £657

account start date 22/09/2008

Default date 31/03/2010

Original lender Vanquish credit card limit £250

 

I have not spoken to any of the default creditors in the last 4/5 years admitting to no debt.

 

Pay plan have advised me that I should add these debts into a payment plan

however I'm not so sure this is a wise idea as I will be admitting the debt

and the 6 years can restart as they are close to being statue barred.

 

What should I do regarding these debts ?

 

Cabot have added fees on there for which I have no idea what for and also capital one.

 

I receive no letters from capital one regarding this debt

and receive letters threatening letters from Cabot.

 

I'm not looking for a way out but don't know if it's wise adding them into a payment plan

at this stage the debts are so old.

 

Thanks for your time

[dx100uk]

well whatever you do

 

whatever debt has a default date listed

will VANISH o the defaults 6th birthday

no matter what you do

pay them or otherwise.

but ofcourse this does not mean the debt is still not due.

 

pers, before i'd enter into any DMP

i'd send CCA request to everyone of them!

 

wht other debts have you please?

 

and have tyou thought about PPI/PENALTY charges reclaiming at all?

 

there is no legal remit that allows any debt buyer to add any PENALTY fees to a debt

and even if they do, they are unlawful and can be RECLAIMED.

as well as those levied by the OC

 

dx

[MikeyT]

Thanks for the response Dx

 

I have 6 other debts about to go into default stage

 

2 with 02

 

one with Vodafone

 

Jd williams

 

Ladder loans/Inventive finance

 

Aqua credit card

 

If I CCA the old defaulted debts am I admitting liability for it ?

 

I haven't looked into the PPI as I was dubious about admitting the debt to be honest.

 

I read if I paid any money they can restart the default date

so I have managed to avoid it up till now and I certainly don't want to do that.

 

I am new to this so sorry if I sound inexperienced.

 

The date of default on my Cabot file also seems wrong as I never paid that much towards the credit card

maybe 4 months payments if even that (young and stupid).

 

Vanquish originally had the account and would have thought they would have defaulted me well within the 15 months period stated above.

 

Once again

if I chase the penalties am I not I admitting liability so the default date starts again ?

 

This is my worry if I include them with my pay plan deal

once I start paying they can extend the default or do I have this totally wrong.

 

Thanks Mike

 

Also the address I have for Cabot and capital one is a Po box.

 

Can I send a CCA to that address if it needs to be signed for.

[dx100uk]

All references to a defaulted debt must be removed from your credit files after 6 years

has passed from date of default, whether paid off or not.

.

the WHOLE ACCOUNT WILL VANISH, never to return.

.

however, this does not mean the debt itself is not still owed

consider a CCA request.

.

This is so that someone who continues paying something

- even after 6 years from default

- should not be at a disadvantage to someone who pays nothing after default

and ends up with a clean file after 6 years.

[BRIGADIER2JCS]

CCA requests and Subject Access requests are not admissions of liability, there are adequate templates in the CAG library for these.

 

As dx said the default date Cannot be extended or changed but any payment will restart the 6 year limitations Act " clock".

[MikeyT]

Thanks for the advice, I will CCA the defaults if there is no liability but would seem it might not be worth including them in my pay plan option as they drop off in just over a year and I don't want to reset the limitations act clock. I have a funny feeling both defaults will struggle to come up with the paper work.

[BRIGADIER2JCS]

Good luck Mikey, let us know how you get on.

[fletch70]

To be honest , for the two older debts , if they are not contacting you I wouldn't bother poking them . If they do contact you that would be the time to send the CCA request . Payplan are of course morally correct in that you "should" set up a repayment plan but as they are getting close-ish to SB why bother. Please also bear in mind that so long as they supply a CCA these will be enforceable because they are post 2007

[MikeyT]

One other thing guys how realistic is the write off letter in the library anyone had any experience with it ?

[BRIGADIER2JCS]

Write off these days is highly unlikely which is why we see the same debt going round all the debt purchasers and DCAs for years.

 

Selling on debts is the easy way to get a few quid for each company.

[MikeyT]

Okay thanks Brigadiers was wondering when I offer my plan whether it's worth trying this before I make a payment plan offer can't see I've got anything to lose or do you think I'm better staying clear

[BRIGADIER2JCS]

I WOULD STAY CLEAR.

It would lead I suspect to the debt being sold on and you would have to start all over again.

[Lee Vodafone Company Rep]

Thanks for the response Dx

 

I have 6 other debts about to go into default stage

 

one with Vodafone

 

 

Hi Mike,

 

If you'd like any help with the Vodafone side of things, please email me with your details via the Contact us form here and quote the code WRT135 - CAG Forum in the subject line.

 

Once sent, you'll receive an automated reply with a reference number. Post back with this and I’ll check I've received it.

 

Kind regards,

 

Lee

 

Social Media Comms

 

Vodafone UK

[MikeyT]

Hi Lee my reference number is ######, I'm only interested in contact via email or letter . Thanks for your assistance.

[fkofilee]

Hi Mikey

 

Give Lee a chance on here... He is very good and one of the only mobile companies who has a rep on here.

Let him speak to you directly if it's any easier

 

I wish you all the best in sorting this out and if you need any advice please hoot!

[Lee Vodafone Company Rep]

Hi Mike,

 

Thanks for coming back to me.

 

I've got your email and will get back to you as soon as possible.

 

Fkofilee - Thanks for the reassuring words.

 

Kind regards,

 

Lee

 

Social Media Comms

 

Vodafone UK

[MikeyT]

to cut a long story Short I had a massive breakdown in a long term relationship 5 years ago leaving me with large debts.

I'm a reformed person now to how I used to be with money and I'm looking to get a mortgage. 

 

I have ignored these debts as I'm aware of the statue barred system. 

 

Sadly the other day I have received 2 pre legal assesment letters from Lowlifes based on 2 old O2 accounts. 

 

I'm aware that the pre assesment is just a threat but it's one I need to take seriously based on my mortgage applications.

The drop off date is not till next summer. 

 

It leaves a sour taste in my mouth to set up a payment plan for this although it could be the way forward. 

I maybe up for full and final but the accounts equate to £1000 roughly. 

Can someone advise me on the best option for these without judging. 

 

I have previously beaten lowlife in court for a ccj based on another communications account I held based on no CCA to prove it was mine although I think I got very lucky as I'm aware it's not regulated under the CCA. 

 

I currently have another CC account which I'm fighting with Roboway via the prove it method for which they have wrote to me twice over the months stating they are having issues with the original creditor. 

 

Sorry for the long read but this is massively important I avoid a CCJ. 

[dx100uk]

use CCA not pointless prove it letters. [re the card debt]

 

you don't need to pay anything.

they have to abide by PAP first

[MikeyT]

Thank you for the swift reply DX I'm aware you have a great reputation on here so thanks for reading my thread. 

 

So you suggest to fire a CCA Request to Robo I will indeed do this. 

 

I also have a catalogue debt with lowlife should I fire one at them or let sleeping dogs lie for now? 

 

The PAP is first steps towards A CCJ am I correct in thinking.

 

Would I not be leaving myself with less time to challenge this or is it a case options open up once this has begun. ? 

 

Thanks Dx 

 

[MikeyT]

Hi I'm hoping I can get some sound advice regarding this before it gets legal.

I recently received a letter from a DCA threatening court action over a telecomunications account I don't remember taking out.

The debt they claim is 5 years old.

Upon receiving the letter I decided to challenge the debt and sent them a prove it letter in standard template form.

I received a reply back a month ago stating the telephone number and the cost of the debt.

the DCA also stated that they would apply from the original creditor for a statement.

Today I received another letter from the DCA.

In the letter it has stated.
We have enclosed documentation from ..............
We have included a FAQ sheet.
The documentation sent was a print screen off a computer of some random numbers and a few dates.

there is no official statement nor any address or name (or phone number) on this so called documentation.

 

In fact it could belong to anyone it has no solid connection to me or even the phone contract their referring too.
In the FAQ sheet it says
 

Quote

Why have I not been sent the statements for the dates requested ?

The original creditor has only been able to provide the enclosed statements , this may be because of the time that has passed since we purchased the account , or, due to the age of the account

How can I reply to this letter without admitting any liability.

The documentation I believe is not valid proof I owe the debt.

 

Could you please advise me if this is a acceptable form of proof.

 

Can i reply back stating that and threatening to contact the financial ombudsman ?

Thanks for taking the time to read.

[dx100uk]

Thread title updated

 

thought we advised you years ago to forget the  stupid prove it letter

simply invites pointless letter tennis.

 

who's the dca Lowells?

 

dx

 

[MikeyT]

Hi Dx you did indeed advise me to avoid this method.

However I've had success in the past and had defaults removed and debts written off without waiting for it to go legal.

The DCA is indeed Lowells.

 

[dx100uk]

ignore them until or unless you get a letter of claim.

 

dx

 

[MikeyT]

Hi I have 3 debts in total. 
2 mobile phone debts
1 catalogue debt
I have Sar all three and CCA the catalogue debt.
I have also sent prove it letters to the debt company. 

The mobile phone Sars did not have very much info. 
Both stated it was passed to collection agencies on the 07/2014. There was no payment list as it stated it was purged due to age of the account. However the debt company provided a print screen of last payments made in may/June 2014. No official default notice was served so no record. However the defaults were added much later one in December and August. 
No contact payment has been made since, only a prove it letter. 

The catalogue sar sent me lots of info but it didn't have any proof of default notice. I never received a default notice thats why.
There was never a payment made on this as I was indispute with a non delivery of items at the time. However no evidence of this. Last order was placed may 2014. Last contact.
Info in the Sar said when the debt was sold which was pennies.
I requested CCA from debtor and catalogue company. 
Debtor sent me a reconstitution. However the Sar said there was no agreement on record but I recieved a letter stating they sent me a true agreement which was just my name and address and no signature because I never signed it. I have a letter reminding me I needed to sign it but never did.
Another thing to add when I cca the debtor or the catalogue company none of them provided a copy of the default notice is this correct procedure?

The debt company are getting close in my opinion to taking these to court. Due to payment history and acknowledgement the debts are 6 years passed from last few payment reminders. For some reason the defaults were set much much later on the mobile accounts one in December and October. The Sar on the telecommunications stated it was passed to the debt company on the 07/2014 which means the defauls were added after this. 

Any advice would be greatly appreciated. It would seem the debt company added or adjusted the default date. There is no paperwork for these as their not regulated by the CCA. 
Thanks 

[AndyOrch]

This wouldn't happen to be Lowell by any chance?

 

Andy