Strategy for beating old Over Draft Debt

[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

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

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

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

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?).