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CCA responded after 9 mnts maybe incomplete and wrong. Can we do anything?

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  • #16
    Dear Amethyst and the entire community of course,

    As I still have a few days before needing to send the response I wanted to ask you for one more advice please:

    * Should the letter, as per above, be sent WITHOUT the reference to the Statute Barred situation?

    Reasoning:
    From the statements they sent regarding this alleged debt, it shows that the last payment on account was around 15th Aug 2012, therefore the first "missed payment" was around 15th Sept 2012....... Is Statute Barred contemplation starting it's assumptions after the 1st missed payment? or 2nd? (of course depending on whether there are any terms.... but the terms they sent in their package do not reference anything regarding defaults..... nor are they correct anyways)

    Also, if the letter is sent as per above and it states with a valid reason that the account is in dispute (as they haven't provided the correct terms, nor copies of the notice of assignment nor notice of default), can they just ignore that and apply for a CCJ to the court? Or they have to respond to me first?

    On another note:
    Dear Kati ​​​​​​​, could you please potentially move this thread on to the VIP forum?

    Comment


    • #17
      They should send you a formal letter before action before they issue a court claim, which again allows you 30 days to respond and then a further 30 for them to respond to you with documents/details. Some do bypass the letter before action and go straight to issue a claim, but of course you have the option to defend the case at that stage - and you already know the agreement is unenforceable as it stands - they may rectify it before it got to a hearing.

      On the statute barred issue, I'll going to have a look back at the statements - did you cross reference the statement with your own records ( bank account transactions etc )

      Okay the last payment was a Direct Debit - did you cancel the DD after that ?

      Also I don't understand the DD amounts - not helped as there's no column showing the balance just the payments and charges - do you remember what you had it set up for ? minimum payment or full payment. Just as there's a £500 one month, £90 the next, then £650 the next .... I'd have guessed it was full balance and differed so much due to different spend amounts each month, but there's the pretty standard £80 odd of 'merchanside' interest.... Also ' merchandise' interest is odd for a credit card isn't it? Ahh apparently not... it's just annoying way of stating purchase interest apparently - Purchases = Merchandise Interest

      Monument was Barclays when you took it out in 2003 - in 2012 when defaulted it was Raphaels Bank, so that scans right enough. There will need to be evidence of the assignment from Barclays to Raphael as well as later assignment to JC International.

      Lots of £12 charges that may be worth arguing if you need to later.

      I've likely gone off on a tangent a bit there from your question, apologies.

      I think I'm saying that as they haven't actually said they're taking court action, you'd be okay hanging fire until they do send the letter before action, by which point you should be better positioned to be stat barred.

      Have you sent a SAR off to Monument ?
      Away till 25th May xx

      “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.”
      Hetty Bower

      Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

      Received a Court Claim? Read >>>>> First Steps

      If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

      Find Solicitors offering fixed fees on our sister site - JustBeagle.com

      Comment


      • #18
        Originally posted by Amethyst View Post

        On the statute barred issue, I'll going to have a look back at the statements - did you cross reference the statement with your own records ( bank account transactions etc )

        Okay the last payment was a Direct Debit - did you cancel the DD after that ?

        Also I don't understand the DD amounts

        Have you sent a SAR off to Monument ?
        Hi dear Amethyst and all.

        MAIN UPDATE: Have received what looks like SAR (but from solicitors) detailing ALL of the communication on this alleged account and that sheds a lot of light on this situation and also raises one question I am hoping you will all know the answer to.

        Actually Amethyst , all those Direct Debit payments you have seen in the copy of the transcript emailed, are actually FAILED Direct Debit payments and they were all reversed since January 2012 as it shows there was not enough funds in the originating account. In August 2012 that reversal was marked internally as DD cancelled as Account closed. Everything else after that is just them charging interest, overlimit fees.

        One question I am really hoping, for my and I guess general knowledge of all as well, that you or this forum could answer:
        Do failed Direct Debit payments (so immediately reversed due to no funds) count as payments to Creditor for the purposes of Statute Barred time limitation?


        ​​​​​​​
        Originally posted by Amethyst View Post

        They should send you a formal letter before action before they issue a court claim, which again allows you 30 days to respond and then a further 30 for them to respond to you with documents/details. Some do bypass the letter before action and go straight to issue a claim, but of course you have the option to defend the case at that stage - and you already know the agreement is unenforceable as it stands - they may rectify it before it got to a hearing.

        ...............

        I think I'm saying that as they haven't actually said they're taking court action, you'd be okay hanging fire until they do send the letter before action, by which point you should be better positioned to be stat barred.
        UPDATE 2 (Summary of back and forth letters):

        I have listened to your valued advice Amethyst and have held back on the Statute Barred issue and just responded to them back in October that the documentation is incomplete (as written before in the sample letter posted) and that the account is in dispute.

        These solicitors have a standard template response where they refer any communication to their client........

        Then beginning of November '18 they sent the letter saying that they have sent the copy of the consumer credit agreement and that their clients position is that the debt is due and I am liable. They said they placed the account on hold for 30 days to allow time to contact with proposal to pay etc....

        To which I responded (well before the deadline they set) again saying that the documentation regarding the alleged account is incomplete and alleged account in dispute.
        Furthermore have added that it is my contention that the alleged account is Statute Barred, pursuant to section 5 of the Limitation Act 1980.
        Again, for avoidance of any doubt have included that I do not acknowledge this or any debt to them or their client and alleged account in dispute.

        Then I received what looks like SAR as it contains full communication list on that account and again they sent the same copy of the docs as you have seen Amethyst before (those emailed over).






        Comment


        • #19
          Failed Direct Debits have no human intervention and are 'taken' rather than 'sent' so I don't believe they can be classed as payments as no money hit their account. However we do still have this dodgy court decision which took the date of default as the cause of action rather than the last payment date for consumer credit regulated debts... so that would be an argument as well.


          "Have received what looks like SAR (but from solicitors) detailing ALL of the communication on this alleged account"
          When you say "but from Solicitors" - do you mean Barclays/Monument solicitors or Moriarty ?





          The 'original agreement' is still incomplete with this new bundle of documents ?

          Click image for larger version  Name:	reply card monument.png Views:	1 Size:	524.1 KB ID:	1438210
          Away till 25th May xx

          “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.”
          Hetty Bower

          Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

          Received a Court Claim? Read >>>>> First Steps

          If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

          Find Solicitors offering fixed fees on our sister site - JustBeagle.com

          Comment


          • #20
            Hi Amethyst

            Thank you for your prompt response, much appreciated.


            Originally posted by Amethyst View Post

            "Have received what looks like SAR (but from solicitors) detailing ALL of the communication on this alleged account"
            When you say "but from Solicitors" - do you mean Barclays/Monument solicitors or Moriarty ?



            Received the full log from Moriarty.



            ​​​​​​​
            Originally posted by Amethyst View Post


            The 'original agreement' is still incomplete with this new bundle of documents ?

            Yes, still incomplete in the sense there is not a single change to the docs you have already seen in your inbox in that part. They only added the full communication log attached to that account in this new pack.

            Comment

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