General advice on SB debts

[notodebt]

Hi..Caggers..

Now that most of us our quarantined felt this was a great opportunity to try and put to rest two outstanding debts that have been ongoing for at least six years and the last to drop off my credit file. I am looking for general advice really in best course of action.

 

Debt 1 - Old Yorks bank overdraft,sum of £690 taken out years back around 2008-9 and that was bounced from pillar to post. No doubt has plenty of charges or fees added. Current owner Cabot who have had it for a number of years . Sent various we can help you letters so ignored. The last ones though are offering a whopping 90% off ( I know generous! ) , default date is Mar 2014. So this is or will be SB as of this month and coming off my credit file. No payment ever made. This must be aware hence the desperate letters.

 

Debt 2 -  Payday loan - 1st Stop - Now with TM legal (their in house legal dept ) - Debt is £935 - Was taken out and supposed to be paid off over six months but lost job and defaulted. They have bombarded me with letters,emails and texts over the last 2-3 years normally spouting we  are sending doorstep rep or due to the CCJ. Now it was thrown out of court sometime around four years back due to their non compliance ( I still have the court letter) but they keep stating they will enforce the CCJ that was awarded...clearly they do not realise it was thrown out of court plus not on my credit files.  I have numerous emails from 2014 from 1st Stop stored on an old email system one of which has a default notice showing May 2014 so again coming up to SB. I know thy have also taken a payment of £1 from a CCA request and added that to the balance as a payment , on top of that when I tried to communicate with them in the past they would only state please call our number ( premium rate ) and would not respond in writing. Also plenty of charges and fees. I know I should push this further and raise with the FCA.They are a pain in ass and should have put them to bed years back.

 

Both companies have no paperwork I am sure having asked for it before via CCA and getting no response.They kept asking for photo ID despite me confirming address and the fact they continue to write to me at the same address I have been at for over 20 years.

Both are offering great discounts. So my questions are:

 

If i offer a ridiculous amount as a one off payment will this restart the clock?

I am willing to sit back and let time elapse as I know these will be SB by time it gets through the court system is that correct?

Should I send them SB letters to finally end their correspondence or hold back to use if it goes via the court route?

Should I push this with the FCA and basically hammer them to the wall claiming harassment , fees  and non compliance of CCA requests?

 

Thanks and stay healthy...

 

 

 

 

[unclebulgaria67]

Personally I would leave alone. They are likely to disappear at some point, as there are plenty of fresh debts for them to chase. 

 

And with the Corona virus meaning DCA staff who are not key workers most likely staying at home, they won't be doing too much on near statute barred debt.

 

Making full & final settlement offers is risky, as it will just encourage them.

[notodebt]

Thanks for that swift response...it did cross my mind with the current restrictions in place..great advice ...I think I will let these naturally elapse..if they get sold on I can deal with that after...

[BankFodder]

Sorry, but the FCA won't take a blind bit of notice – and people who think they will are unfortunately, living in a dream world.

[dx100uk]

was the court case discontinued or left to get stayed?

 

dx

 

[notodebt]

Hi Dx...

It was discontinued...the claimant did not submit docs so was struck out...they never reapplied again. As mentioned it was about 4 years ago..

 

And right on queue another email from TM....     Make an offer today, it should only take a couple of minutes to do and once you’ve sent your offer in, our friendly team will review and will contact you to provide the next steps and our payment details and put your mind at ease.

Make an Offer

If a repayment plan isn’t achievable for you at the moment, we will still listen to you and work with you to find a solution that’s right for you, just get in touch and we’ll discuss what the best options are to make positive steps towards financial recovery. We also have a Customer Portal where you can make quick payments, set up a repayment plan, update your contact details and view your outstanding balance. You can access the online portal 24 hours a day, 7 days a week. Begin the process today by clicking the link https://www.tm-legalservices.uk/login All you need to log in is your customer reference, date of birth, and your online pin number. Your customer reference and online pin number can be found below:

[dx100uk]

then the sb clock never stopped .

 

no harm in firing off sb letters if you like

then they must stop comms under conc rules

[notodebt]

Thanks for the info

[Peterbard]

Hi

Regarding the overdraft the SB date will have commenced on the first demand to repay, so, I should think it is well statute barred.

As for the PDL, thishas been subject to "an action, so the SB will no longer apply, however since the action was discontinued they would be unlikely to re- issue a claim.

 

I agree that you should ignore, and do not pay anything, It would not restart anything, but there is no need as they cant enforce anyway, unless they received permission, which is highly improbable.

[notodebt]

Peterbard..thanks for the info especially on the PDL..never realised on the action affecting SB..that said they have been going for a number of years hoping to grind me down no doubt.  As you mentioned if they were going to reapply to court I'm sure they would have done it by now. 

 

 

[dx100uk]

it doesn't..

 

the debt is statute barred.

 

not sure why that quote had the most important bit left off...the limitations resume

[comebackjimmy]

On 22/03/2020 at 21:12, Peterbard said:

Hi

Regarding the overdraft the SB date will have commenced on the first demand to repay, so, I should think it is well statute barred.

As for the PDL, thishas been subject to "an action, so the SB will no longer apply, however since the action was discontinued they would be unlikely to re- issue a claim.

 

I agree that you should ignore, and do not pay anything, It would not restart anything, but there is no need as they cant enforce anyway, unless they received permission, which is highly improbable.

 

Not entirely sure about this.   

 

In an overdraft situation if you don't repay it do you get a default notice?

 

 If you do then the SB clock starts at some point after the date of the default notice.  For example if you get a notice saying that by x date you must have re-payed then the account is not in default until you have failed to pay according to the notice so the SB clock starts then.

[notodebt]

Thanks for the update and good advice. I suppose other positives are the fact they won't have any of the required paperwork required for a court summons having asked numerous times in the past and being fobbed off coupled with the fact they both keep sending high percent off offers. Surely that is desperation on a DCA to offload or at least get some compensation back on a cheaply bought debt?

[Peterbard]

"n an overdraft situation if you don't repay it do you get a default notice?"

 

If it is a tacit agreement, that is one that you know is available but just taken without individual notification no. If it has an agreement, yes.

 

" If you do then the SB clock starts at some point after the date of the default notice.  For example if you get a notice saying that by x date you must have re-payed then the account is not in default until you have failed to pay according to the notice so the SB clock starts then. "

 

On a tacit agreement, the SB date starts on the first demand for repayment from the creditor, it is classed as a loan for Purposes

 of the SB

 

[AndyOrch]

Quote

In an overdraft situation if you don't repay it do you get a default notice?

 

Similar..but its not a DN as in section 87/88 CCA1974

 

Its a  Demand/Termination Notice (Notice served under Sections 76(1) and 98(1) of the CCA1974

[dx100uk]

on a bank OD its not a simple as that CBJ

typically any Demand/Termination Notice are issued many months after the a/c's holder themselves last use/payment and can be challenged as being correct.

 

the notion that DN+14days applies to a bank OD is not necessarily correct, as the successful appeal court ruling was not concerning an OD.

[Peterbard]

Yes they have to send a section 76 or 98 notice if the terminate.

 

You must keep the first demand for full repayment as this is your start date under section 6 SOL.

[notodebt]

Here is another favourite of TMLS :

I get many of these per week...funny really as I am self employed...love the legal jargon as well..notice on first line it states judgement debt...I think they have skipped a step whereby they need to obtain a CCJ first...but I am sure their legal team are aware of that...lmao..

 

 

 

As you are aware we, TM Legal Services Limited ("TMLS"), have been instructed by our Client to recover this outstanding Judgment debt.

 

An application has previously been made to the County Court for an Attachment of Earnings Order, and we have now been instructed to write to the Court to request they re-issue the relevant Court forms N55 and N56 and/or N338 as appropriate.

 

What is an N55 and N56?

An N55 and N56 is a notice of an Attachment of Earning Order. The N56 is in effect a financial statement which is required to be completed.  

 

You must fully complete the financial statement form N56 with your income, expenditure, employment, and household information and make an offer of payment. This must then be returned to the Court.

What is an N338?

An N338 is a Court Form issued directly to your Employer that requires them to provide your salary information to the Court.
 

If your employer fails to complete and return the form, the Court may summon them to a hearing to explain why they have not completed it and ultimately, they may be fined.
 

This is a very serious matter and now requires your immediate attention.

How can I prevent this?

Please telephone us within the next 7 days on 01253 531 261 and we can discuss the options available to you.

[AndyOrch]

I bet that had you quaking in your boots  ...not 

[notodebt]

5 minutes ago, Andyorch said:

I bet that had you quaking in your boots  ...not 

 

I thought I may have to petition myself and take the money out of the account ...lol

[notodebt]

I did try to work something out years ago but they were pig ignorant , refused to put everything in writing ( call our premium rate number) is all they would say. They refused to accept a f&f saying they wanted the full amount inc charges. So after that screw em.. 

[notodebt]

This one....

 

As you are aware we are now managing a County Court Judgment against you in relation to the above outstanding account.

 

We have now requested for enforcement action against you by way of an Attachment of Earnings Order which means your employer could be ordered to deduct money from your earnings to pay off the County Court Judgement.

 

We may be able to offer you a short settlement on your account, this will allow you to settle your active County Court Judgement and stop the Attachment of Earnings order.

 

Please call the litigation department on 01253 523460 (option 2) to discuss the options avaliable on your account.

[dx100uk]

you have ofcourse checked there is no CCJ registered on your credit file?

and that if you've moved around..all your old addresses are showing?

 

TM don't usually get things this wrong or send such stupid letters..

[notodebt]

My personal favourite...liberty to restore....pretty serious stuff....I do get a few liberty to restore ones...

 

TM Legal Services Limited ("TMLS"), are recovering the outstanding balance which is in relation to a County Court Judgment. 

 

The Attachment of Earnings has recently been adjourned with liberty to restore, as they are awaiting to confirm your current employment status.

 

We may look to pass your account to A Specialist Tracing Agency.

 

A Specialist Tracing Agency have secured information that can be provided to TM Legal Services in order to contact you regarding the Judgment. They have access to extensive databases and may provide us with your up to date employment details to continue with the Attachment of Earnings.

 

All Tracing Agents that are used are accredited by professional associations, their work is both ethical and legal.

[notodebt]

No CCJ from them .. checked all my credit files. This debt not even listed