Strategy for beating old Over Draft Debt

[pandamonia]

Re: Strategy for beating old Over Draft Debt

Correct me if im wrong. I learn through experience trial and error. Whilst not legally trained i have successfully beaten 4 speeding tickets by using their own system against them. 5 Parking tickets and now im fighting these debt purchasers.

I was under the impression that these debt companies have to adhere to many regulations under the FCA guidelines. They also have to comply with various CPR rules.

So if a company tries to claim say £5000 from a person. Stating in their claim form that they own the debt and you defaulted etc etc. They will have to prove to the court that they followed the FCA rules and provided the proof to show that they own the debt and that your owe the debt.

They seem to claim without any proof or documentation from the start. So why cant you force them to provide all of the proof right at the start via a court order? Court orders come with a time limit dont they? Then if they fail to follow the court order then have it struck out? What is wrong with this strategy?

[charitynjw]

Re: Strategy for beating old Over Draft Debt

What is the significance of 60 days?

Di

that was how long the court gave a claimant to comply with an order in a different case.

Whatever happened to

Vigilantibus non dormientibus aequitas subvenit.

?

[pandamonia]

Re: Strategy for beating old Over Draft Debt

What is the significance of 60 days?

Di

that was how long the court gave a claimant to comply with an order in a different case.

[Diana M]

Re: Strategy for beating old Over Draft Debt

Fortunately, @Diana M :yo: has covered it (& more) far more succinctly & eruditely than I could.

Why thank you kind sir

Di

[charitynjw]

Re: Strategy for beating old Over Draft Debt

i was dealing with another debt recently and apparently some debts are sold on the basis that the original owner will not provide documents, ie sold as seen without help. Some are sold on the basis that only a small percentage they will provide documents. Some are also sold on the basis they will only provide documents which are digital and easy to send over. 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,

Lol.

I had written a long post last evening in response. Unfortunately my internet connection was interrupted.
Fortunately, [MENTION=87380]Diana M[/MENTION] :yo: has covered it (& more) far more succinctly & eruditely than I could.

[Diana M]

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

Creditors and subsequent debt purchasers can reconstitute documents in certain circumstances so they don't need the original paperwork from the original lender as long as the information they use to base the recon on is "honest and accurate".

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

[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

[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

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

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

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

[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

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

[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,