CLI Chasing Jamaica National Small Business Loan debt

[syphont]

Got a letter few weeks back with Formal Debt Recovery Notification on an International debt. It is a significant sum.

 

I then got another letter from them  recently with a final reminder.

 

This last letter is  a "final reminder" and states: "Please do not miss the last opportunity to contact us and make arrangement to repay this debt".

 

The debt is got a few months from being statute-barred via original creditors and I am worried that CLI will purchase this debt and begin court proceedings.

 

Very depressed as I I cannot pay this.

 

What should I do?

Edited November 13, 2020 by syphont

[dx100uk]

what was the debt please

[syphont]

government loan.

 

Please forgive me, but I am a bit paranoid writing the details here since CLI may peruse this forum and I do not want to put too many details out.

Edited November 13, 2020 by syphont

[BankFodder]

As long as you are honest and straight dealing, there is no reason to hide anything here. Your best bet is full openness and transparency.

In what way do you think you might be prejudiced by disclosing this information?

[dx100uk]

No need to hide anything

A gov't will not ever sell a debt to a dca so cli are powerless Muppets as always

 

So what if they read here

[syphont]

This government would.

The loans company was government funded at the time.

 

and because I am not 100% sure if it is already statute barred

i dont want to reset it by stating anything here that could be traced back to me.

 

My concern is in reading a previous topic about CLI, it seems as if they were able to purchase a debt from a previous creditor, and has taken the debtor to court.

 

I am worried that if the limitations is about to run out in a few months, CLI will expedite the case.

[dx100uk]

Stop being stupid!!

nothing here or anywhere can ever be used against you.

Stop reading silly bs.

 

 tbh you are paranoid about nothing anyway

a dca has no more legal powers than you or i!!

 

they are NOT bailiffs

 

Spill the beans stop being a dca wet nurse

[syphont]

But for a previous poster, CLI was able to secure a Deed of Asignment on their debt. Does this not mean that the original debt was legally transfered over to them?:

 

A deed of assignment of a debt is a legal document that transfers the ownership of the debt to another person. By 'ownership' we mean the right to receive repayment of that debt from the same original debtor or borrower.

 

CLI would not need to be FCA regulated to collect  debts that do not pertaining to a consumer credit agreement such as this type of loan, as this type of loan would not have been formed under the 

Consumer Credit Act 1974.

 

They strictly seek out debts that fall outside this category. On their website:

 

"Note that Credit Limits International Ltd is NOT authorised NOR regulated by the Financial Conduct Authority and does NOT, therefore, collect accounts formed under the Consumer Credit Act 1974 (amended 2006)"

 

I have verified that the alleged debt they claim I have is not formed under CCA 1974.

Edited November 13, 2020 by syphont

[dx100uk]

a deed is not a NOA but anyway..

can you post details of what they are chasing...

a dca are NOT bailiffs 

and have no more powers than you or i!1

 

 

 

dx

 

[syphont]

It was a small business loan. The government in question set up an organization that allowed its citizens the opportunity to take out a small business loans at low interest rates. Needless to say, the loan defaulteed as the business went under.

 

It turns out that they were quite lax in persuing the defaulted loan, and interest is now almost as much as the actual loan itself. As a result, I would now be footing almost £36K in debt

 

Last payment was made sometime in early 2000s. It woult have already been statute barred, but I believe I foolishly responded to the original creditor via an email, possibly reseting it. By my calculation, it should be statute barred again sometime around september next year.

 

There is no way I can pay this off as I have no assets to speak of. I am applying for citizenship soon, and cannot afford a CCJ.

Edited November 13, 2020 by syphont

[dx100uk]

nope doesn't count... email nor phone are admissible evidence

and anyway

there has never been a court case on any such debts whereby admittance has lost the case

 

so which country please

few have anything different than our 6yrs and most are a lot less.

 

do CLI state our client etc etc

and who is that?

 

dx

 

 

 

[syphont]

It is Jamaica. Their limitations is 6 years. "Jamaica National Small Business Loans" is the company refererred to (JNSBL)

 

When I checked StepChange, they state:

 

"This needs to be a signed letter from you to the creditor. In some cases an email can also count as written acknowledgment."

 

So I must assume that emails do count.

 

So, my concerns is that CLI will be sending me a NOA next, and expedite the acquisition of a Deed of Assignment, knowing that the statute of limitations will run out soon, in an effort to buy the loan off cheaply and make a tidy profit from poor me.

Edited November 13, 2020 by syphont

[dx100uk]

statute barred then.

 

end of, stepchange just like NDL etc , rarely tell the whole truth.

 

send CLI our statute barred letter. dead gone parrott.

 

dx

 

[dx100uk]

and JNSBL is not gov't owned

its a private consortium.

kite flying by CLI..

opps SB'd ..now wind here

dx

 

[syphont]

OK. i clicked the link for your statute barred template, but i do not see it...

 

Also, what do you mean by this ?

 

"kite flying by CLI..

opps SB'd ..now wind here"

 

Also, in reading CONC 7.15, I would have thought that this rule can only be applied when a law court rules infavor of a debt being statute-barred. If no ruling has been made, and the debtor makes communication, would this not reset the limitation period?

Edited November 13, 2020 by syphont

[dx100uk]

correct just adapt it to reflect the laws and country of origin.

 

theres nowtbthey can do anyway 

but if you want to send it anyway upto you.

 

dx

 

[syphont]

thanks for all your advice. If I have any other questions, can I post them in this chat or will it be closed?

Edited November 13, 2020 by syphont

[unclebulgaria67]

Post any more questions here.

[syphont]

Hi,

 

Can you please provide evidence that emails are disregarded in statute-barred cases please?

[dx100uk]

emails can be edited, changed faked and manipulated.

there are NO examples of emails ever being used in any case anywhere as the sole reason a debt might not be SB'd.

 

just send the letter stop fretting.

 

[syphont]

I received another letter about a week ago.

 

It states Final Proposal Offer in red. Because I did not respond to the they informed their client hat I have not taken the chance to resolve the matter amicably. They stated that they have checked that this address is correct and informed their client that it is now appropriate to take further action against me at this address.

 

What should I do now if this debt is not statute barred?

 

Will CLI then purchase the debt and sue me?

Edited November 26, 2020 by syphont

[dx100uk]

the debt is statute barred

[syphont]

You say this, but I read in several sources that an email can reset this.

Can you please provide me with concrete evidence to the contrary?

 

I don't mean to be a pain, but my stress levels are through the roof right now.

If it has been reset, it would be due to reset again in under 6 months.

I feel as if they are pushing forward to meet this deadline.

 

How could I delay this?

[dx100uk]

The trouble with stress is it means people purposefully go looking for things that backup themselves wanting to be stressed about something.

 

its statute barred and even if it wasnt and you sent that letter what harm does it do??

 

Dx

[Will Goodfellow]

On 14/11/2020 at 19:42, syphont said:

Hi,

 

Can you please provide evidence that emails are disregarded in statute-barred cases please?

 

Admission of a debt in writing resetting the statute barring period is dictated by the Limitation Act 1980 30(1)&(2):

 

"30 Formal provisions as to acknowledgments and part payments.

 

(1)To be effective for the purposes of section 29 of this Act, an acknowledgment must be in writing and signed by the person making it.

 

(2)For the purposes of section 29, any acknowledgment or payment—

(a)may be made by the agent of the person by whom it is required to be made under that section; and

(b)shall be made to the person, or to an agent of the person, whose title or claim is being acknowledged or, as the case may be, in respect of whose claim the payment is being made."

 

https://www.legislation.gov.uk/ukpga/1980/58/part/II/crossheading/acknowledgment-and-part-payment

 

The admission in writing has to be accompanied with a signature, arguably an email with a digital signature could be sufficient acknowledgment. That acknowledgment could be by an agent, i.e. a solicitor acting on your behalf. But the Limitation Act 1980 does not apply in your case as the statute barring period is dictated by Jamaican legislation so you would need to find out what that is to confirm whether or not an email is considered to be acknowledgment of the debt.

 

 

Edited November 28, 2020 by Will Goodfellow