Jump to content

 

BankFodder BankFodder


notodebt

General advice on SB debts

Recommended Posts

Then in response to your previous post...there is nowhere for it to disappear as its never been registered...but safeguard that DN  you have proof of the default date...they would be foolish to register it after  6 years of the initial default.


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

the debt was sold to asset collections..

read the TM letters..it's says our client.

 

this trick of vaguely claiming an old CCJ might exist by these 2 has been going on for 10yrs now, exactly the same letter chain.

and before that too..they changed their names from JD debt recovery & DLC, who previously got castigated for exactly the same trick.

 

 

 

 


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

Share this post


Link to post
Share on other sites

Well I am surprised whoever owns it is still pursuing. My other creditors have long given up and written off the balances.A few after caving in just before court thanks to the advice on here. I even took Lowell to the cleaners and they were ordered by the judge to pay me for wasted time .This is the final one that is really outstanding . My credit file has gradually improved over the last couple of years.

Share this post


Link to post
Share on other sites

Even at this late stage I would have paid them some ridiculous small sum as a F&F but I just don't trust them. As you can see by their emails , making things up to suit their agenda.

Share this post


Link to post
Share on other sites

I am unsure if I have already written these points, but this thread is called general points , and unless the OP objects, here are some.

 

Firstly, there are two separate kinds of warning notice issued when a credit card or credit agreement is defaulted. One is for credit referencing the other is to enable the termination and enforcement of an agreement. These are completely separate entities, which may or may not apply to the same date.

 

The one sent to the debtor warning about the impending mention on the file, gives 28 days normally although it is an advisory notice and cannot be challenged, it does not have to be given for an entry to be made on the CRA.

 

The notice sent from the creditor giving notice to take action is however statutory, under section 87 of the Consumer Credit Act, it gives 14 days to pay.

 

A statute barr is a method of limiting the amount of time for the creditor to take an action in court. In contract law, this period is generally 6 years.

 

To be clear this is the maximum time allowed between, the cause of action(for simplicity the default).

and the date of the action itself in court. Therefor if you PDL has had an action was brought in six years, the statute Barr no longer have any relevance. 

 

If the case was lost it would be a debt under a judgement, not under a default, if it was won, there would be no default to record.

 

Again for clarity, you cannot use a default date on a credit file to sow a default notice date under the CCA 74, as said different things.

 

Regarding an overdraft. There is no requirement to comply to part 5 of the CCA on tacit overdrafts. This is because of a declaration made By the governor back in 1983, part 5 contains section 85.

 

As far as the start date for SB is concerned, section 6(not5)applies in that,  instead of a default notice the date on the first full demand to repayment is recorded and used as the cause of action, that is when the SB starts, again nothing to do wih the date on the CRA file.


DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...