Strategy for beating old Over Draft Debt

[pandamonia]

Hi, with no CCA whats the best way to fight over draft debts which are now sitting with debt purchasers?

Thanks

[charitynjw]

Re: Strategy for beating old Over Draft Debt

Hi, with no CCA whats the best way to fight over draft debts which are now sitting with debt purchasers?

Thanks

Hi.

I guess the first thing to ascertain is the current status of the alleged debt.
Is there a live court claim, or a letter before action?
Is the current 'owner' chasing?
Is there an adverse listing by any Credit Reference Agency?
Any other info? (ie are you just preempting possible action?).

[pandamonia]

Re: Strategy for beating old Over Draft Debt

its within 7 months of being totally barred 100%. Might be barred already but not as easy to prove as July.
Warning letters from Howard Cohen
Debt purchased by Hoist
Defaulted on file.

Just wondering best way to defend this type of debt

[charitynjw]

Re: Strategy for beating old Over Draft Debt

If it were me I'd SAR the original lender.
That should get a definitive date for when they 'accepted the breach of contract', & terminated the arrangement.
That should then be the date on which the 'cause of action accrued' for purposes of s5 Limitation Act 1980.

[pandamonia]

Re: Strategy for beating old Over Draft Debt

If it were me I'd SAR the original lender.
That should get a definitive date for when they 'accepted the breach of contract', & terminated the arrangement.
That should then be the date on which the 'cause of action accrued' for purposes of s5 Limitation Act 1980.

id rather not have all the information collected and put in to a nice package ready to be sent to anyone who also needs it. At the moment anything important is sitting where it has done for the last 6 years. The longer it stays there the more difficult it will be for them to get hold of it within 60 days if i force a disclosure court order in the event of a claim form landing on my doormat

[charitynjw]

Re: Strategy for beating old Over Draft Debt

id rather not have all the information collected and put in to a nice package ready to be sent to anyone who also needs it. At the moment anything important is sitting where it has done for the last 6 years. The longer it stays there the more difficult it will be for them to get hold of it within 60 days if i force a disclosure court order in the event of a claim form landing on my doormat

SB is certainly a complete defence, provided of course that you can prove it.
Although the issue, when raised in writing, puts the onus on the Claimant to prove it is not SB, the evidential burden is not high.
You will probably therefore be expected to supply a reverse burden of proof.
& I doubt that gaining access to your data held by the original lender will present much of an obstacle for the assignee.
If you can keep your head below the parapet, so much the better.
But I'm inclined to believe that these debt purchasers know (according to info supplied via the seller) exactly when the debt is due to be SB, & they then act accordingly.

[pandamonia]

Re: Strategy for beating old Over Draft Debt

SB is certainly a complete defence, provided of course that you can prove it.
Although the issue, when raised in writing, puts the onus on the Claimant to prove it is not SB, the evidential burden is not high.
You will probably therefore be expected to supply a reverse burden of proof.
& I doubt that gaining access to your data held by the original lender will present much of an obstacle for the assignee.
If you can keep your head below the parapet, so much the better.
But I'm inclined to believe that these debt purchasers know (according to info supplied via the seller) exactly when the debt is due to be SB, & they then act accordingly.

. So. Getting a SAR will not change any of the information so doesnt really help me at this point. I was more interested in the various legal hoops they have to jump through with regards to overdraft debts rather than loans or CC's. without a CCA it makes defending them harder but apparently not impossible. I was wondering if anyone knew what to look out for,

[Diana M]

Re: Strategy for beating old Over Draft Debt

Hello Pandamonia

Is this new thread in relation to the claim which you already have from Hoist which is at an advanced stage (allocated to the Fast Track at your local County Court) in this thread >

http://www.legalbeagles.info/forums/...380#post692380

and again in this thread >

http://www.legalbeagles.info/forums/...332#post692332

Or do you have a new claim threat?

Di

[Diana M]

Re: Strategy for beating old Over Draft Debt

I'm inclined to believe that these debt purchasers know (according to info supplied via the seller) exactly when the debt is due to be SB

Yes they do.

It's usually part of the limited information that the original creditor passes on to the debt purchaser.

Di

[Diana M]

Re: Strategy for beating old Over Draft Debt

more interested in the various legal hoops they have to jump through with regards to overdraft debts rather than loans or CC's. without a CCA it makes defending them harder but apparently not impossible. I was wondering if anyone knew what to look out for,

Overdrafts are not covered by s. 77-79 CCA so using that legal argument is impossible.

Di

[pandamonia]

Re: Strategy for beating old Over Draft Debt

Hello Pandamonia

Is this new thread in relation to the claim which you already have from Hoist which is at an advanced stage (allocated to the Fast Track at your local County Court) in this thread >

http://www.legalbeagles.info/forums/...380#post692380

and again in this thread >

http://www.legalbeagles.info/forums/...332#post692332

Or do you have a new claim threat?

Di

This is another threat for an overdraft debt. I know there is no CCA so I'm trying to understand what the strategy is to defend this type of debt is. So far no one seems to have anything..

[Diana M]

Re: Strategy for beating old Over Draft Debt

I'm trying to understand what the strategy is to defend this type of debt is. So far no one seems to have anything..

Maybe that's because there is no one-size-fits-all strategy to defend overdraft claims. Each case is different.

Di

[pandamonia]

Re: Strategy for beating old Over Draft Debt

It also seems no one can agree when the statutory barred date seems to take effect.

[Diana M]

Re: Strategy for beating old Over Draft Debt

It also seems no one can agree when the statutory barred date seems to take effect.

Again that can vary based on a number of things with overdrafts as well as with loans and credit card debts.

Even DJs don't always agree with each other on that legal issue. It needs a High Court decision to settle the argument.

Di

[Diana M]

Re: Strategy for beating old Over Draft Debt

The longer it stays there the more difficult it will be for them to get hold of it within 60 days if i force a disclosure court order in the event of a claim form landing on my doormat

What is the significance of 60 days?

Di